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Dallas v. L.J.

Certiorari Denied

Petition for certiorari denied on November 28, 2011.

Docket No.11-109
Op. Below4th Cir.

Issue

(1) Whether a court misapplies the flexible standard demanded by Rule 60(b)(5) when it subordinates "sensitive federalism concerns" implicated by a long-running institutional-reform decree to the court's insistence that its previous decisions must be "dead wrong" before a state may obtain relief based on changes in the governing law; and (2) whether a federal court lacks power to enter and enforce a wide-ranging injunction based on a single state-plan element of the Adoption Assistance and Child Welfare Act of 1980, which makes federal funding conditional on a requirement that the state plan include certain elements to "gain the approval of" the Secretary of the federal Department of Health and Human Services.

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