Petition of the day
The petition of the day is:
Dallas v. L.J.
Issue(s): (1) Whether a court misapplies the flexible standard demanded by Rule 60(b)(5) when it subordinates "sensitive federalism concerns" implicated by a long-running institutional-reform decree to the court's insistence that its previous decisions must be "dead wrong" before a state may obtain relief based on changes in the governing law; and (2) whether a federal court lacks power to enter and enforce a wide-ranging injunction based on a single state-plan element of the Adoption Assistance and Child Welfare Act of 1980, which makes federal funding conditional on a requirement that the state plan include certain elements to "gain the approval of" the Secretary of the federal Department of Health and Human Services.
Certiorari stage documents:
Recommended Citation: Marissa Miller, Petition of the day, SCOTUSblog (Aug. 22, 2011, 7:30 AM), http://www.scotusblog.com/2011/08/petition-of-the-day-160/