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· 8/3/2023

Robert Lafayette Lovell v. the State of Texas

How courts have described this case

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

  • holding that presidential withdrawal of public lands was lawful because Congress had \uniformly and repeatedly acquiesced\ to the President's creation of roughly 250 reservations
  • noting that “there is no distinction in principle between” an implied “power to make permanent reservations” and such a power “to make temporary withdraw- als. . . . The character of the power exerted is the same in both cases”
  • noting that “[government is a practical affair intended for practical men,” and the rule, that long acquiescence in a governmental practice raises a presumption of authority, applies to the practice of withdrawals by the executive of lands opened by Congress for occupation
  • “[D]etermining the meaning of a statute or the existence of a power, weight shall be given to the usage itself-even when the validity of the practice is the subject of investigation.”
  • upholding the Department of the Interior’s withdrawal of one million acres for uranium mining
  • validating executive withdrawals and discussing purpose and effect of Pickett Act

Source: CourtListener parenthetical corpus (CC0).

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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.