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Contents
>> Digests of Recent Opinions
1. Reno v. American-Arab Anti-Discrimination Committee, No. 97-1252
February 24, 1999
Subject: ALIENS -- DEPORTATION -- JUDCIAL REVIEW
2. Your Home Visiting Nurse Services, Inc. v. Shalala, No. 97-1489
February 23, 1999
Subject: MEDICARE -- REVIEW OF REFUSAL TO REOPEN REIMBURSEMENT
DETERMINATION
3. National Collegiate Athletic Assn. v. Smith, No. 98-84
February 23, 1999
Subject: EDUCATION -- SEXUAL DISCRIMINATION -- FEDERAL FUNDING
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Digests
1. Reno v. American-Arab Anti-Discrimination Committee, No. 97-1252
February 24, 1999
ALIENS -- DEPORTATION -- JUDCIAL REVIEW
A federal district court lacked jurisdiction to review a decision
of the Immigration and Naturalization Service to deport several
aliens on the ground that they were members of the Popular Front
for the Liberation of Palestine (PFLP), a group that the government
characterized as an international terrorist and communist
organization. Judicial review was unavailable in view of Section
1252g of the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996, which restricted judicial review of the
Attorney General's "decision or action" to "commence proceedings,
adjudicate cases, or execute removal orders against any alien
under this Act . . . [e]xcept as provided in this section." An
alien unlawfully in this country likewise had no constitutional
right to assert selective enforcement as a defense to the depor-
tation action.
Link: http://www.usscplus.com/current/cases/PDF/9800030.pdf
2. Your Home Visiting Nurse Services, Inc. v. Shalala, No. 97-1489
February 23, 1999
MEDICARE -- REVIEW OF REFUSAL TO REOPEN REIMBURSEMENT
DETERMINATION
After a home nursing service failed to seek administrative review
of a fiscal intermediary's action regarding its Medicare reim-
bursement claims, and after the intermediary later denied a re-
quest to reopen that decision on the ground that "new and mater-
ial" evidence demonstrated entitlement to additional compensation,
the Provider Reimbursement Review Board lacked jurisdiction to re-
view that determination, and mandamus likewise was unavailable to
require such review.
Link: http://www.usscplus.com/current/cases/PDF/9800028.pdf
3. National Collegiate Athletic Assn. v. Smith, No. 98-84
February 23, 1999
EDUCATION -- SEXUAL DISCRIMINATION -- FEDERAL FUNDING
A college graduate student was not entitled to maintain suit
against the National Collegiate Athletic Association on the theory
that it had discriminated against her on the basis of sex by enfor-
cing its "Post-baccalaureate Bylaw," which allowed a postgraduate
student athlete to participate in intercollegiate athletics only
at the institution which had awarded her undergraduate degree.
Title IX proscribed sex discrimination in "any education program
or activity receiving Federal financial assistance," but coverage
was not triggered merely because the NCAA received dues from mem-
ber colleges which themselves had received federal funding.
Link: http://www.usscplus.com/current/cases/PDF/9800029.pdf
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USSC+ Database News
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The database comprises over 9,700 opinions, including full cover-
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For more information: http://www.usscplus.com/cd/index.html
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