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Tag Archives: Judge Stephanie Dawn Thacker

Denial of church’s zoning requests didn’t violate law (access required)

Where a church was aware of zoning restrictions when it purchased property, it could not have had a reasonable expectation of religious land use, dooming its claim under the Religious Land Use and Institutionalized Persons Act, or RLUIPA. Because the ...

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Abortion providers have standing to challenge SC law (access required)

Where abortion providers challenged South Carolina legislation that bans abortions after an ultrasound detects a “fetal heartbeat,” they had third-party standing to do so because they would suffer an injury-in-fact from enforcement and could reasonably be expected to frame the ...

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SC governor, attorney general dismissed from mask ban suit (access required)

Where the South Carolina governor had no responsibility for enforcing a provision in the state budget that prohibits school districts from using appropriated funds to impose mask mandates, and the South Carolina attorney general had neither implemented nor threatened to ...

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Government failed to consider pipeline’s impact on environment (access required)

Where the United States Forest Service and the Bureau of Land Management, or BLM, failed to account for data suggesting increased sedimentation along the route of a proposed gas pipeline, and approved the use of the conventional bore method to ...

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USAG opinion on authority of immigration judges abrogated (access required)

Where former U.S. Attorney General Sessions opined that immigration judges and the Board of Immigration Appeals, or BIA, lack authority to administratively close cases, but his opinion was at odds with the plain meaning of the regulations and the government ...

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Sentence reduction requirement not jurisdictional (access required)

Although 18 U.S.C. § 3582(c)(1)(A) requires a defendant to exhaust his administrative remedies before seeking a sentence reduction in federal court, because the requirement was a nonjurisdictional claim-processing rule, it could be waived or forfeited. Background Saeed Abdul Muhammad moved ...

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