· 11/3/1992
National Family Planning and Reproductive Health Association, Inc. v. Louis W. Sullivan, M.D., Secretary, U.S. Department of Health and Human Services
Citations
- 979 F.2d 227
- 298 U.S. App. D.C. 288
- 1992 U.S. App. LEXIS 28469
- 1992 WL 312184
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that an agency action that “simply explained something the statute already required” is likely to be an interpretation rather than an amendment (citation omitted)
- noting that filling in gaps and resolving inconsistencies in statutory scheme involves legislative rulemaking
- noting that filling in gaps and resolving inconsistencies in statutory scheme involves legislative rulemaking
- reinstating the district court’s injunction, based solely on the Circuit Court’s conclusion that the APA’s notice and comment procedure was not followed
- reinstating the district court's injunction after the Circuit Court ruled that the APA's notice and comment procedure was not followed
- finding legislative rule where the directives issuing the rule made no reference to defining regulatory terms as the purpose of the rule and the rule was based on a “previously unacknowledged concern”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mikva, Wald, Edwards
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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