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· 9/8/2017

Burke v. U.S. Department of Homeland Security

Citations

  • 270 F. Supp. 3d 99

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Principles of constitutional avoidance counsel us to first address whether a statutory ground resolves the case, and thereby renders unnecessary the need to answer the ‘constitutional question[.]’”
  • “A law does not actually deter travel merely because it makes it somewhat less attractive for a person to travel interstate or it is not the most convenient form of travel.” (internal citations omitted)
  • “To withstand a motion to dismiss, a complaint must allege a claim that is plausible on its face when accepting all the factual allegations as true and drawing every reasonable inference in favor of the nonmoving party.”
  • “To withstand a motion to dismiss, a complaint must allege a claim that is plausible on its face when accepting all the factual allegations as true and drawing every reasonable inference in favor of the nonmoving party.”
  • assessing constitutional right to travel under dormant Commerce Clause

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge Randolph D. Moss

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.