Legal Opinion
Students for Sensible Drug Policy Foundation v. Spellings
District Court, D. South Dakota
Decided October 27, 2006No. Civ. 06-1010PublishedCited by 3 opinions
1Opinion of the Court
ORDER AND OPINION
KORNMANN, District Judge.
INTRODUCTION
[¶ 1] Plaintiff Students For Sensible Drug Policy Foundation (“Foundation”) and three of its members instituted suit seeking a declaration that 20 U.S.C. § 1091(r) is unconstitutional, namely in violation of the Fifth and Eighth Amendments to the United States Constitution. Plaintiffs seek an injunction prohibiting the Department of Education (“DOE”) from enforcing § 1091(r). Plaintiffs have filed a motion for a preliminary injunction and a motion for class certification. Defendant has filed a motion to dismiss.
BACKGROUND
[¶ 2] 20 U.S.C. §…
2Cases cited26 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Plyler v. DoeSupreme Court of the United States · 1982
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
21 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- STUDENTS FOR SENSIBLE DRUG POLICY v. SpellingsCourt of Appeals for the Eighth Circuit · 2008
- Students for Sensible Drug Policy Foundation v. SpellingsCourt of Appeals for the Eighth Circuit · 2008
- Students for Sensible Drug Pol v. Margaret SpellingsCourt of Appeals for the Eighth Circuit · 2008