Reis v. Spectrum Health Sys., Inc.

How courts have described this case

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

• noting that circuits take a “narrow and cautious approach” to finding “that two positions are clearly inconsistent”
• noting debate over application of no-set-of-circumstances language to different types of facial challenges and concluding that to extent language applies it is better described as result of facial challenge than test for facial challenge
• United States had standing to challenge state rule that “impair[ed] the United States’s interest in the effective conduct of federal criminal investigations and prosecutions”
• facial, as-applied preemption claims legal in nature; judicial estoppel doctrine does not apply to limit party to label first attached to challenge
• conflict-obstacle challenge with facial and as-applied features: New Mexico rule governing professional 9 conduct of federal prosecutors conflicts with federal law on grand jury subpoena practices; rule imposes \far more onerous conditions\ than federal law
• “The 3 threat of prosecution is generally credible where a challenged provision on its face 4 proscribes the conduct in which a plaintiff wishes to engage, and the state has not 5 disavowed any intention of invoking the provision against the plaintiff.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).