From ddcd08df316c0360e7aecd85e8aa6bf122dc21b4 Mon Sep 17 00:00:00 2001 From: William Palin Date: Tue, 14 Nov 2023 15:01:50 -0500 Subject: [PATCH] fix(OLC): Fix OLC --- .../administrative_agency/olc.py | 16 +- .../united_states/olc_example.compare.json | 410 +- .../opinions/united_states/olc_example.html | 3727 ++++++++++++----- 3 files changed, 2812 insertions(+), 1341 deletions(-) diff --git a/juriscraper/opinions/united_states/administrative_agency/olc.py b/juriscraper/opinions/united_states/administrative_agency/olc.py index 8c4ad8b29..7fb21644d 100644 --- a/juriscraper/opinions/united_states/administrative_agency/olc.py +++ b/juriscraper/opinions/united_states/administrative_agency/olc.py @@ -23,15 +23,13 @@ def __init__(self, *args, **kwargs): self.status = "Published" def _process_html(self): - for row in self.html.xpath( - ".//tr[contains(@class , 'even')] | .//tr[contains(@class , 'odd')]" - ): - date = get_row_column_text(row, 1) - if "Date of Issuance" in date: - date = date.split("\n")[-1].strip() - name = get_row_column_text(row, 2) - url = get_row_column_links(row, 2) - summary = get_row_column_text(row, 3) + for row in self.html.xpath(".//article"): + name = row.xpath(".//h2")[0].text_content().strip() + url = row.xpath(".//a/@href")[0] + date = row.xpath(".//time")[0].text_content() + if not name: + continue + summary = row.xpath(".//p")[0].text_content() self.cases.append( { "date": date, diff --git a/tests/examples/opinions/united_states/olc_example.compare.json b/tests/examples/opinions/united_states/olc_example.compare.json index 42b8643f7..e829a26a9 100644 --- a/tests/examples/opinions/united_states/olc_example.compare.json +++ b/tests/examples/opinions/united_states/olc_example.compare.json @@ -1,442 +1,112 @@ [ { - "case_dates": "2021-12-21", - "case_names": "Title Discretion to Continue the Home-Confinement Placements of Federal Prisoners After the COVID-19 Emergency", - "download_urls": "/olc/file/1457926/download", + "case_dates": "2023-01-04", + "case_names": "Retaining Private Counsel to Represent the DHS Secretary in Impeachment Processes", + "download_urls": "/d9/2023-02/2023-01-04-dhs-impeachment-representation.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes This Office concluded in January 2021 that, when the COVID-19 emergency ends, the Bureau of Prisons will be required to recall all prisoners placed in extended home confinement under section 12003(b)(2) of the Coronavirus Aid, Relief, and Economic Security Act who are not otherwise eligible for home confinement under 18 U.S.C. \u00a7 624(c)(2). Having been asked to reconsider, we now conclude that section 12003(b)(2) and the Bureau's preexisting authorities are better read to give the Bureau discretion to permit prisoners in extended home confinement to remain there.", + "summaries": "The Department of Homeland Security may retain private counsel to assist the Department in representing itself and the Secretary in impeachment proceedings aimed at decisions or actions within the scope of the Secretary's official duties and unaccompanied by any allegations of personal misconduct.", "case_name_shorts": "" }, { - "case_dates": "2021-12-10", - "case_names": "Title Reappointment of a Member of the National Credit Union Administration Board", - "download_urls": "/olc/file/1456541/download", + "case_dates": "2022-12-23", + "case_names": "Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions", + "download_urls": "/d9/opinions/attachments/2023/01/03/2022-12-23_-_comstock_act_1.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes A member of the National Credit Union Administration Board initially appointed to a partial term is eligible for reappointment under 12 U.S.C. \u00a7 1752a(c) regardless of whether the member's first appointment was for the remainder of a term that became vacant mid-term or that had no prior appointee.", + "summaries": "Section 1461 of title 18 of the U.S. Code does not prohibit the mailing of certain drugs that can be used to perform abortions where the sender lacks the intent that the recipient of the drugs will use them unlawfully. Because there are manifold ways in which recipients in every state may lawfully use such drugs, including to produce an abortion, the mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to be used unlawfully.", "case_name_shorts": "" }, { - "case_dates": "2021-07-30", - "case_names": "Title Ways and Means Committee's Request for the Former President's Tax Returns and Related Tax Information Pursuant to 26 U.S.C. \u00a7 6103(f)(1)", - "download_urls": "/olc/file/1419111/download", + "case_dates": "2022-10-28", + "case_names": "Application of the Anti-Terrorism Act of 1987 to Diplomatic Visit of Palestinian Delegation", + "download_urls": "/d9/opinions/attachments/2022/11/02/2022-10-28-plo-visitation_final_1.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes Section 6103(f)(1) of title 26, U.S. Code, vests the congressional tax committees with a broad right to receive tax information from the Department of the Treasury. It embodies a long-standing judgment of the political branches that the tax committees are uniquely suited to receive such information. The committees, however, cannot compel the Executive Branch to disclose such information without satisfying the constitutional requirement that the information could serve a legitimate legislative purpose. In assessing whether requested information could serve a legitimate legislative purpose, the Executive Branch must give due weight to Congress's status as a co-equal branch of government. Like courts, therefore, Executive Branch officials must apply a presumption that Legislative Branch officials act in good faith and in furtherance of legitimate objectives. When one of the congressional tax committees requests tax information pursuant to section 6103(f)(1), and has invoked facially valid reasons for its request, the Executive Branch should conclude that the request lacks a legitimate legislative purpose only in exceptional circumstances. The Chairman of the House Ways and Means Committee has invoked sufficient reasons for requesting the former President's tax information. Under section 6103(f)(1), Treasury must furnish the information to the Committee.", + "summaries": "Section 1003(2) of the Anti-Terrorism Act of 1987, which prohibits the expenditure of funds from the Palestine Liberation Organization in the United States to further the PLO's interests, is unconstitutional to the extent it prevents the exercise of the Presi-dent's Article II authorities to receive public ministers and to determine the manner in which the Executive engages in diplomacy with foreign representatives. The ATA therefore does not prevent PLO representatives invited by the State Department to Washington, D.C., from spending PLO funds to attend diplomatic meetings with Ex-ecutive Branch officials, including for expenses that are necessary incidents to those meetings.", "case_name_shorts": "" }, { - "case_dates": "2021-07-08", - "case_names": "Title Constitutionality of the Commissioner of Social Security's Tenure Protection", - "download_urls": "/olc/file/1410736/download", + "case_dates": "2022-10-21", + "case_names": "Federal Vacancies Reform Act's Application to a Vacancy for Which Prior Presidents Submitted Multiple Nominations", + "download_urls": "/d9/2022-11/2022-10-21_-_vra_multiple_nominations.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes The President may remove the Commissioner of Social Security at will notwithstanding the statutory limitation on removal in 42 U.S.C. \u00a7 902(a)(3). The conclusion that the removal restriction is constitutionally unenforceable does not affect the validity of the remainder of the statute.", + "summaries": "Upon the inauguration of a new President, the Federal Vacancies Reform Act restarts the entire timing sequence for acting service in a position that was vacant on inauguration day, authorizing an acting official to serve for up to 300 days after inauguration day, during the pendency of the new President's first and second nominations for the vacant position, and for 210 days following the rejection, withdrawal, or return of a first or second nomination submitted by the new President.", "case_name_shorts": "" }, { - "case_dates": "2021-07-06", - "case_names": "Title Whether Section 564 of the Food, Drug, and Cosmetic Act Prohibits Entities from Requiring the Use of a Vaccine Subject to an Emergency Use Authorization", - "download_urls": "/olc/file/1415446/download", + "case_dates": "2022-10-03", + "case_names": "Authority of the Department of Defense to Use Appropriations for Travel by Service Members and Dependents to Obtain Abortions", + "download_urls": "/d9/2022-11/2022-10-03-dod-abortion-transportation.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes Section 564(e)(1)(A)(ii)(III) of the Food, Drug, and Cosmetic Act concerns only the provision of information to potential vaccine recipients and does not prohibit public or private entities from imposing vaccination requirements for a vaccine that is subject to an emergency use authorization.", + "summaries": "The Department of Defense may lawfully expend funds to pay for service members and their dependents to travel to obtain abortions that DoD cannot itself perform due to statutory restrictions. DoD may lawfully expend funds to pay for such travel pursuant to both its express statutory authorities and, independently, the necessary expense doctrine.", "case_name_shorts": "" }, { - "case_dates": "2021-04-29", - "case_names": "Title Authority of the Special Inspector General for Pandemic Recovery to Oversee Programs Established Under the CARES Act", - "download_urls": "/olc/file/1390936/download", + "case_dates": "2022-09-27", + "case_names": "Application of the Hyde Amendment to the Provision of Transportation for Women Seeking Abortions", + "download_urls": "/d9/2022-11/2022-09-27-hyde_amendment_application_to_hhs_transportation.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes The jurisdiction of the Special Inspector General for Pandemic Recovery is limited to oversight of programs established under the Coronavirus Economic Stabilization Act of 2020.", + "summaries": "The Hyde Amendment's prohibition barring the Department of Health and Human Services from expending covered funds for any abortion does not bar HHS from expending covered funds to provide transportation for women seeking abortions in circumstances in which HHS has the requisite statutory authority and appropriations to provide such transportation.", "case_name_shorts": "" }, { - "case_dates": "2021-01-19", - "case_names": "Title Preemption of State and Local Requirements Under a PREP Act Declaration", - "download_urls": "/olc/file/1356956/download", + "case_dates": "2022-09-21", + "case_names": "Intergovernmental Immunity for the Department of Veterans Affairs and Its Employees When Providing Certain Abortion Services", + "download_urls": "/d9/2022-11/2022-09-21-va_immunity_for_abortion_services.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes The Public Readiness and Emergency Preparedness Act and the COVID -19 declaration issued by the Secretary of Health and Human Services under that Act preempt state or local requirements, such as state licensing laws, that would prohibit or effectively prohibit qualifying state-licensed pharmacists from ordering and administering FDA-approved COVID -19 tests and FDA-authorized or FDA-licensed COVID -19 vaccines.", + "summaries": "The rule issued by the Department of Veterans Affairs on Reproductive Health Services, 87 Fed. Reg. 55,287 (Sept. 9, 2022), is a lawful exercise of VA's authority. States may not impose criminal or civil liability on VA employees\u2014including doctors, nurses, and administrative staff\u2014who provide or facilitate abortions or related services in a manner authorized by federal law, including VA's rule. The Supremacy Clause bars state officials from penalizing VA employees for performing their federal functions, whether through criminal prosecution, license revocation proceedings, or civil litigation.", "case_name_shorts": "" }, { - "case_dates": "2021-01-19", - "case_names": "Title Military Support for Customs and Border Protection Along the Southern Border Under the Posse Comitatus Act", - "download_urls": "/olc/file/1357086/download", + "case_dates": "2022-08-23", + "case_names": "Use of the HEROES Act of 2003 to Cancel the Principal Amounts of Student Loans", + "download_urls": "/d9/2022-11/2022-08-23-heroes-act.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes The Department of Defense's proposed use of military personnel to provide limited assistance with respect to certain Customs and Border Protection inspection and observation functions along the southern border of the United States is permissible under the Posse Comitatus Act and applicable regulations.", + "summaries": "The Higher Education Relief Opportunities for Students Act of 2003, Pub. L. No. 108-76, 117 Stat. 904, grants the Secretary of Education authority to reduce or eliminate the obligation to repay the principal balance of federal student loan debt, including on a class-wide basis in response to the COVID-19 pandemic, provided all other requirements of the statute are satisfied.", "case_name_shorts": "" }, { - "case_dates": "2021-01-16", - "case_names": "Title Application of the Hyde Amendment to Federal Student-Aid Programs", - "download_urls": "/olc/file/1355946/download", + "case_dates": "2022-08-12", + "case_names": "Application of the Assimilative Crimes Act to Conduct of Federal Employees Authorized by Federal Law", + "download_urls": "/d9/2022-11/2022-08-12-aca.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes The Hyde Amendment in the Department of Education's annual appropriations legislation for fiscal years 2020 and 2021 applies to the funding in that legislation for Federal Pell Grants, Federal Supplemental Opportunity Grants, Scholarships for Veteran's Dependents, and Federal Work-Study Programs. But additional sources of federal funding for these programs provided in other statutes are not subject to the Hyde Amendment. Federal student-aid funding subject to the Hyde Amendment remains so after it is paid to higher-education institutions for disbursement. These institutions must therefore comply with the Hyde Amendment in expending such funds.", + "summaries": "Federal employees performing their duties in a manner authorized by federal law, while on a federal enclave within a state that criminalizes such authorized conduct, would not violate the Assimilative Crimes Act and could not be prosecuted by the federal government under that law.", "case_name_shorts": "" }, { - "case_dates": "2021-01-15", - "case_names": "Title Responsibility for Electronic Presidential Records on Hardware of the Executive Office of the President After a Presidential Transition", - "download_urls": "/olc/file/1355841/download", + "case_dates": "2022-07-29", + "case_names": "Authority of a Majority of the FDIC Board to Present Items for Vote and Decision", + "download_urls": "/d9/2022-11/2022-07-29-fdic-board-majority.pdf", "precedential_statuses": "Published", "blocked_statuses": false, "date_filed_is_approximate": false, "docket_numbers": "", - "summaries": "Headnotes Under the Presidential Records Act, the Archivist of the United States assumes responsibility for the custody and control of, and access to, an outgoing President's electronic presidential records that temporarily remain on Executive Office of the President hardware after the end of the outgoing President's term.", - "case_name_shorts": "" - }, - { - "case_dates": "2021-01-15", - "case_names": "Title Religious Seasonal Decorations in Federal Government Buildings", - "download_urls": "/olc/file/1355846/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The Public Buildings Service of the General Services Administration may, consistent with fiscal law and the First Amendment's Establishment Clause, broaden its policy governing the purchase and display of seasonal decorations in the public spaces of federal properties to allow for the display of religiously significant seasonal decorations that are reasonably calculated to improve employee morale.", - "case_name_shorts": "" - }, - { - "case_dates": "2021-01-15", - "case_names": "Title Home Confinement of Federal Prisoners After the COVID-19 Emergency", - "download_urls": "/olc/file/1355886/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The Coronavirus Aid, Relief, and Economic Security Act authorizes the Director of the Bureau of Prisons to place prisoners in home confinement only during the Act's covered emergency period and when the Attorney General finds that the emergency conditions are materially affecting BOP's functioning. Should that period end, or should the Attorney General revoke the finding, the Bureau would be required to recall the prisoners to correctional facilities unless they are otherwise eligible for home confinement under 18 U.S.C. \u00a7 3624(c)(2). BOP's authority under 18 U.S.C. \u00a7 3621(a) and (b) does not provide an alternative basis for authorizing continued home confinement for prisoners ineligible for continuing home confinement under section 3624(c)(2).", - "case_name_shorts": "" - }, - { - "case_dates": "2021-01-13", - "case_names": "Title Sex Segregation in Youth Rodeo Events Under Title IX Regulations", - "download_urls": "/olc/file/1355836/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The maintenance of separate boys and girls divisions in rodeo competitions offered by the South Dakota 4-H Youth Development Program is authorized by the competitive-skill exception contained in the Title IX implementing regulation at 7 C.F.R. \u00a7 15a.450(b), but not by the contact-sport exception contained in that regulation.", - "case_name_shorts": "" - }, - { - "case_dates": "2021-01-08", - "case_names": "Title Congressional Oversight of the White House", - "download_urls": "/olc/file/1355831/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes Congressional oversight of the White House is subject to greater constitutional limitations than oversight of the departments and agencies of the Executive Branch, in light of the White House staff's important role in advising and assisting the President in the discharge of his constitutional responsibilities, the need to ensure the independence of the Presidency, and the heightened confidentiality interests in White House communications.", - "case_name_shorts": "" - }, - { - "case_dates": "2020-10-09", - "case_names": "Title Executive Branch Participation in the Cyberspace Solarium Commission", - "download_urls": "/olc/file/1355826/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes In our tripartite constitutional structure, any commission performing federal functions must reside within a single one of the three branches of government. The Cyberspace Solarium Commission is properly viewed as a Legislative Branch entity, because congressional appointees compose the majority of the Commission's membership, the Commission exercises the investigative authorities of a congressional committee, and the Commission's ultimate mission is to advise Congress. The Executive Branch officials serving on the Commission should act with one unified voice, subject to executive supervision, in advising the Commission and should maintain the confidentiality of Executive Branch information when sharing their information and expertise with the Commission.", - "case_name_shorts": "" - }, - { - "case_dates": "2020-10-07", - "case_names": "Title Reimbursing the Attorney's Fees of Current and Former Federal Employees Interviewed as Witnesses in the Mueller Investigation", - "download_urls": "/olc/file/1347786/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The Department of Justice Representation Guidelines authorize, on a case-by-case basis, the reimbursement of attorney's fees incurred by a current or former federal government employee interviewed as a witness in the Mueller Investigation under threat of subpoena about information the person acquired in the course of his government duties.", - "case_name_shorts": "" - }, - { - "case_dates": "2020-09-22", - "case_names": "Title Congressionally Mandated Notice Period for Withdrawing from the Open Skies Treaty", - "download_urls": "/olc/file/1348136/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes In establishing a mandatory waiting period for withdrawing from a treaty, section 1234(a) of the National Defense Authorization Act for Fiscal Year 2020 unconstitutionally interferes with the President's exclusive authority to execute treaties and to conduct diplomacy.", - "case_name_shorts": "" - }, - { - "case_dates": "2020-02-18", - "case_names": "Title Exclusion of Religiously Affiliated Schools from Charter-School Grant Program", - "download_urls": "/olc/file/1347781/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes A provision of the Elementary and Secondary Education Act of 1965 that excludes religiously affiliated charter schools from participating in the Expanding Opportunity Through Quality Charter Schools Program discriminates on the basis of religious status in violation of the Free Exercise Clause.", - "case_name_shorts": "" - }, - { - "case_dates": "2020-02-13", - "case_names": "Title Applicability of Section 410 of the Amtrak Reform and Accountability Act of 1997 to the Gateway Development Commission", - "download_urls": "/olc/file/1277456/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes New Jersey's proposed diversion of a portion of its annual payment to Amtrak to a bridge project subject to the authority of the Gateway Development Commission, an interstate entity established by New York and New Jersey, would violate section 410 of the Amtrak Reform and Accountability Act of 1997, which prohibits States from carrying out an interstate compact by using state or federal funds made available for Amtrak.", - "case_name_shorts": "" - }, - { - "case_dates": "2020-01-19", - "case_names": "Title House Committees' Authority to Investigate for Impeachment", - "download_urls": "/olc/file/1236346/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The House of Representatives must expressly authorize a committee to conduct an impeachment investigation and to use compulsory process in that investigation before the committee may compel the production of documents or testimony in support of the House's power of impeachment. The House had not authorized an impeachment investigation in connection with impeachment-related subpoenas issued by House committees before October 31, 2019, and the subpoenas therefore had no compulsory effect. The House's adoption of Resolution 660 on October 31, 2019, did not alter the legal status of those subpoenas, because the resolution did not ratify or otherwise address their terms.", - "case_name_shorts": "" - }, - { - "case_dates": "2020-01-17", - "case_names": "Title Publication of a Report to the President on the Effect of Automobile and Automobile-Part Imports on the National Security", - "download_urls": "/olc/file/1350151/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The President may direct the Secretary of Commerce not to publish a confidential report to the President under section 232 of the Trade Expansion Act of 1962, notwithstanding a recently enacted statute requiring publication within 30 days, because the report falls within the scope of executive privilege and its disclosure would risk impairing ongoing diplomatic efforts to address a national-security threat and would risk interfering with executive branch deliberations over what additional actions, if any, may be necessary to address the threat.", - "case_name_shorts": "" - }, - { - "case_dates": "2020-01-06", - "case_names": "Title Ratification of the Equal Rights Amendment", - "download_urls": "/olc/file/1235176/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes Congress has constitutional authority to impose a deadline for ratifying a proposed constitutional amendment. It exercised this authority when proposing the Equal Rights Amendment and, because three-fourths of the state legislatures did not ratify before the deadline that Congress imposed, the Equal Rights Amendment has failed of adoption and is no longer pending before the States. Accordingly, even if one or more state legislatures were to ratify the proposed amendment, it would not become part of the Constitution, and the Archivist could not certify its adoption under 1 U.S.C. \u00a7 106b. Congress may not revive a proposed amendment after a deadline for its ratification has expired. Should Congress wish to propose the amendment anew, it may do so through the same procedures required to propose an amendment in the first instance, consistent with Article V of the Constitution.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-11-15", - "case_names": "Title Designating an Acting Director of National Intelligence", - "download_urls": "/olc/file/1220586/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes In designating an Acting Director of National Intelligence, the President could choose anyone who is eligible under the Federal Vacancies Reform Act of 1998, even though 50 U.S.C. \u00a7 3026(a)(6) specifies that the Principal Deputy DNI \"shall act for\" the DNI during a vacancy. The President could designate the Senate-confirmed Director of the National Counterterrorism Center as the Acting DNI, but that person could not perform the duties of the NCTC Director during his time as the Acting DNI because no person may \"simultaneously serve\" as NCTC Director and \"in any other capacity in the executive branch,\" 50 U.S.C. \u00a7 3056(b)(2). Because the incumbent NCTC Director was rendered unable to perform the duties of that office while serving as Acting DNI, the NCTC Director's first assistant would, in the absence of an alternative presidential designation, automatically serve as Acting NCTC Director under the Vacancies Reform Act.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-11-01", - "case_names": "Title Exclusion of Agency Counsel from Congressional Depositions in the Impeachment Context", - "download_urls": "/olc/file/1214996/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes Congressional committees participating in an impeachment inquiry may not validly compel executive branch witnesses to testify about matters that potentially involve information protected by executive privilege without the assistance of agency counsel. Congressional subpoenas that purport to require executive branch witnesses to appear without agency counsel in these circumstances are legally invalid and are not subject to civil or criminal enforcement.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-10-23", - "case_names": "Title Appointment and Removal of Federal Reserve Bank Members of the Federal Open Market Committee", - "download_urls": "/olc/file/1349721/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The statutory procedures for appointing and removing Federal Reserve Bank members of the Federal Open Market Committee are consistent with the Constitution, and would have continued to be so under proposed H.R. 6741, the Federal Reserve Reform Act of 2018.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-10-08", - "case_names": "Title Extending Regulatory Review Under Executive Order 12866 to Independent Regulatory Agencies", - "download_urls": "/olc/file/1349716/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The President may direct independent regulatory agencies to comply with the centralized regulatory review process prescribed by Executive Order 12866.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-09-03", - "case_names": "Title \"Urgent Concern\" Determination by the Inspector General of the Intelligence Community", - "download_urls": "/olc/opinion/file/1205711/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes A complaint from an intelligence-community employee about statements made by the President during a telephone call with a foreign leader does not involve an \"urgent concern,\" as defined in 50 U.S.C. \u00a7 3033(k)(5)(G), because the alleged conduct does not relate to \"the funding, administration, or operation of an intelligence activity\" under the authority of the Director of National Intelligence. As a result, the statute does not require the Director to transmit the complaint to the congressional intelligence committees.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-08-15", - "case_names": "Title Religious Restrictions on Capital Financing for Historically Black Colleges and Universities", - "download_urls": "/olc/file/1350166/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The restriction in 20 U.S.C. \u00a7 1066c(c) on the Department of Education's authority to guarantee loans for capital improvements at historically black colleges and universities \"in which a substantial portion of its functions is subsumed in a religious mission\" violates the Free Exercise Clause of the First Amendment. The remaining restrictions in the statute can, and must, be construed to avoid further conflict with the Free Exercise Clause. We thus read section 1066c(c) and 20 U.S.C. \u00a7 1068e(1) to deny loans under the program only for facilities that are predominantly used for devotional religious activity, or for facilities that are part of an HBCU, or part of a department or branch of an HBCU, that offers only programs of instruction devoted to vocational religious education.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-07-12", - "case_names": "Title Testimonial Immunity Before Congress of the Assistant to the President and Senior Counselor to the President", - "download_urls": "/olc/file/1183271/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The Assistant to the President and Senior Counselor to the President is absolutely immune from compelled congressional testimony in her capacity as a senior adviser to the President.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-06-13", - "case_names": "Title Congressional Committee's Request for the President's Tax Returns Under 26 U.S.C. \u00a7 6103(f)", - "download_urls": "/olc/file/1456646/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The provisions in 26 U.S.C. \u00a7 6103 protecting confidentiality of tax returns prohibited the Department of the Treasury from complying with a request by the Chairman of the House Ways and Means Committee for the President's tax returns. The text of section 6103(f), the statutory exception under which the request was made, does not require the Committee to state any purpose for its request. But Congress could not constitutionally confer upon the Committee the right to compel the Executive Branch to disclose confidential information without a legitimate legislative purpose. Under the facts and circumstances, the Secretary of the Treasury reasonably and correctly concluded that the Committee's asserted interest in reviewing the Internal Revenue Service's audits of presidential returns was pretextual and that its true aim was to make the President's tax returns public, which is not a legitimate legislative purpose. Because section 6103(a) prohibited the disclosure of the tax returns sought in the Chairman's request, as well as in the corresponding subpoenas, the Department of the Treasury's refusal to provide the information did not violate either 26 U.S.C. \u00a7 7214(a)(3) or 2 U.S.C. \u00a7 192.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-06-11", - "case_names": "Title Assertion of Executive Privilege Over Deliberative Materials Regarding Inclusion of Citizenship Question on 2020 Census Questionnaire", - "download_urls": "/olc/file/1350186/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The President may assert executive privilege over \"priority documents\" relating to the Secretary of Commerce's decision to include a citizenship question on the 2020 decennial census questionnaire that the House Committee on Oversight and Reform has demanded as responsive to its subpoenas. The \"priority documents\" all involve pre-decisional deliberative material, attorney-client communications, or attorney work product. The President may make a protective assertion of executive privilege over the remaining subpoenaed documents to give time for the Departments of Commerce and Justice to determine whether any remaining documents may be subject to privilege.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-05-23", - "case_names": "Title Attempted Exclusion of Agency Counsel from Congressional Depositions of Agency Employees", - "download_urls": "/olc/file/1215056/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes Congress may not constitutionally prohibit agency counsel from accompanying agency employees called to testify about matters that potentially involve information protected by executive privilege. Such a prohibition would impair the President's constitutional authority to control the disclosure of privileged information and to supervise the Executive Branch's communications with Congress. Congressional subpoenas that purport to require agency employees to appear without agency counsel are legally invalid and are not subject to civil or criminal enforcement.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-05-20", - "case_names": "Title Testimonial Immunity Before Congress of the Former Counsel to the President", - "download_urls": "/olc/opinion/file/1215066/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The immunity of the President's immediate advisers from compelled congressional testimony on matters related to their official responsibilities has long been recognized and arises from the fundamental workings of the separation of powers. This immunity applies to former senior advisers such as the former White House Counsel. Accordingly, the former Counsel is not legally required to appear and testify about matters related to his official duties as Counsel to the President. The President does not waive an adviser's immunity from compelled congressional testimony by authorizing disclosure of any particular information. The disclosure's impact on executive privilege does not ultimately bear on any underlying immunity from compelled testimony. Because Congress may not constitutionally compel the former Counsel to testify about his official duties, he may not be civilly or criminally penalized for following a presidential directive not to appear. The same rationale applies equally to an exercise of inherent contempt powers against a senior aide who has complied with a presidential direction that he not provide testimony to a congressional committee.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-05-08", - "case_names": "Title Protective Assertion of Executive Privilege Over Unredacted Mueller Report and Related Investigative Files", - "download_urls": "/olc/opinion/file/1350191/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The President may make a preliminary, protective assertion of executive privilege over the entirety of the materials subpoenaed by the Committee on the Judiciary of the House of Representatives relating to Special Counsel Mueller's investigation, to ensure the President's ability to make a final assertion, if necessary, over some or all of the subpoenaed material.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-05-03", - "case_names": "Title Whether the Food and Drug Administration Has Jurisdiction over Articles Intended for Use in Lawful Executions", - "download_urls": "/olc/opinion/file/1162686/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes Articles intended for use in executions carried out by a State or the federal government cannot be regulated as \"drugs\" or \"devices\" under the Federal Food, Drug, and Cosmetic Act. The Food and Drug Administration therefore lacks jurisdiction to regulate articles intended for that use.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-03-18", - "case_names": "Title Designating an Acting Director of the Federal Housing Finance Agency", - "download_urls": "/olc/file/1220591/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes In designating an Acting Director of the Federal Housing Finance Agency, the President may choose either an incumbent Deputy Director under 12 U.S.C. \u00a7 4512(f), the vacancy statute that applies specifically to the office of the Director, or someone who is made eligible to be an acting officer by the Vacancies Reform Act of 1998. Under the latter, the President may select the Senate-confirmed Comptroller of the Currency.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-02-22", - "case_names": "Title Paying for Removing Structures at the Treasure Lake Civilian Conservation Center", - "download_urls": "/olc/file/1356296/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The interdepartmental-waiver doctrine, under which one agency generally may not pay to restore or repair property in the custody of another agency, prevents the Department of Labor from paying to remove structures at a defunct Job Corps site that is located within a wildlife refuge in the custody of the Department of Interior. No statutory authority has displaced that doctrine's applicability by authorizing the Department of Labor to pay for removing the structures.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-02-13", - "case_names": "Title Requests by Individual Members of Congress for Executive Branch Information", - "download_urls": "/olc/file/1356251/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes In reviewing requests from Congress, the Executive Branch's longstanding policy has been to engage in the established process for working to accommodate congressional requests for information only when those requests come from a committee, subcommittee, or chairman acting pursuant to oversight authority delegated from a House of Congress. Departments and agencies, however, may appropriately give due weight and sympathetic consideration to requests for information from individual members of Congress not delegated such authority. Only a committee chairman may request presidential records under section 2205(2)(C) of the Presidential Records Act, unless the committee has specifically delegated that authority to another member.", - "case_name_shorts": "" - }, - { - "case_dates": "2019-02-04", - "case_names": "Title Mandatory Disclosure of Civil Rights Cold Case Records", - "download_urls": "/olc/file/1349726/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The mandatory disclosure regime in S. 3191, the Civil Rights Cold Case Records Collection Act of 2018, could curtail the President's ability to protect information subject to executive privilege. S. 3191 unconstitutionality restricts the qualifications for appointees to the Civil Rights Cold Case Records Review Board and unconstitutionally dictates the timing of their appointments. S. 3191 unconstitutionally restricts the President's supervision of the Executive Branch by prohibiting the President from removing Review Board members absent cause.", - "case_name_shorts": "" - }, - { - "case_dates": "2018-11-14", - "case_names": "Title Designating an Acting Attorney General", - "download_urls": "/olc/file/2018-11-14-acting-ag/download", - "precedential_statuses": "Published", - "blocked_statuses": false, - "date_filed_is_approximate": false, - "docket_numbers": "", - "summaries": "Headnotes The President's designation of a senior Department of Justice official to serve as Acting Attorney General was expressly authorized by the Vacancies Reform Act. That act is available to the President even though the Department's organic statute prescribes an alternative succession mechanism for the office of Attorney General. The President's designation of an official who does not hold a Senate-confirmed office to serve, on a temporary basis, as Acting Attorney General was consistent with the Appointments Clause. The designation did not transform the official's position into a principal office requiring Senate confirmation.", + "summaries": "The Chairperson of the Federal Deposit Insurance Corporation does not have the authority to prevent a majority of the FDIC Board from presenting items to the Board for a vote and decision.", "case_name_shorts": "" } ] \ No newline at end of file diff --git a/tests/examples/opinions/united_states/olc_example.html b/tests/examples/opinions/united_states/olc_example.html index 27f2703fe..ef7effe16 100644 --- a/tests/examples/opinions/united_states/olc_example.html +++ b/tests/examples/opinions/united_states/olc_example.html @@ -1,1007 +1,2810 @@ - - Opinions | OLC | Department of Justice - - - - - - - - - - - - - - - - + + - - - - - - - -
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+ +Retaining Private Counsel to Represent the DHS Secretary in Impeachment Processes + +

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The Department of Homeland Security may retain private counsel to assist the Department in representing itself and the Secretary in impeachment proceedings aimed at decisions or actions within the scope of the Secretary’s official duties and unaccompanied by any allegations of personal misconduct.

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+ +Application of the Comstock Act to the Mailing of Prescription Drugs That Can Be Used for Abortions + +

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Section 1461 of title 18 of the U.S. Code does not prohibit the mailing of certain drugs that can be used to perform abortions where the sender lacks the intent that the recipient of the drugs will use them unlawfully. Because there are manifold ways in which recipients in every state may lawfully use such drugs, including to produce an abortion, the mere mailing of such drugs to a particular jurisdiction is an insufficient basis for concluding that the sender intends them to be used unlawfully.

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+ +Application of the Anti-Terrorism Act of 1987 to Diplomatic Visit of Palestinian Delegation + +

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Section 1003(2) of the Anti-Terrorism Act of 1987, which prohibits the expenditure of funds from the Palestine Liberation Organization in the United States to further the PLO’s interests, is unconstitutional to the extent it prevents the exercise of the Presi-dent’s Article II authorities to receive public ministers and to determine the manner in which the Executive engages in diplomacy with foreign representatives. The ATA therefore does not prevent PLO representatives invited by the State Department to Washington, D.C., from spending PLO funds to attend diplomatic meetings with Ex-ecutive Branch officials, including for expenses that are necessary incidents to those meetings.

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+ +Federal Vacancies Reform Act’s Application to a Vacancy for Which Prior Presidents Submitted Multiple Nominations + +

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Upon the inauguration of a new President, the Federal Vacancies Reform Act restarts the entire timing sequence for acting service in a position that was vacant on inauguration day, authorizing an acting official to serve for up to 300 days after inauguration day, during the pendency of the new President’s first and second nominations for the vacant position, and for 210 days following the rejection, withdrawal, or return of a first or second nomination submitted by the new President.

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+ +Authority of the Department of Defense to Use Appropriations for Travel by Service Members and Dependents to Obtain Abortions + +

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The Department of Defense may lawfully expend funds to pay for service members and their dependents to travel to obtain abortions that DoD cannot itself perform due to statutory restrictions. DoD may lawfully expend funds to pay for such travel pursuant to both its express statutory authorities and, independently, the necessary expense doctrine.

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+ +Application of the Hyde Amendment to the Provision of Transportation for Women Seeking Abortions + +

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The Hyde Amendment’s prohibition barring the Department of Health and Human Services from expending covered funds for any abortion does not bar HHS from expending covered funds to provide transportation for women seeking abortions in circumstances in which HHS has the requisite statutory authority and appropriations to provide such transportation.

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+ +Intergovernmental Immunity for the Department of Veterans Affairs and Its Employees When Providing Certain Abortion Services + +

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The rule issued by the Department of Veterans Affairs on Reproductive Health Services, 87 Fed. Reg. 55,287 (Sept. 9, 2022), is a lawful exercise of VA’s authority. States may not impose criminal or civil liability on VA employees—including doctors, nurses, and administrative staff—who provide or facilitate abortions or related services in a manner authorized by federal law, including VA’s rule. The Supremacy Clause bars state officials from penalizing VA employees for performing their federal functions, whether through criminal prosecution, license revocation proceedings, or civil litigation.

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+ +Use of the HEROES Act of 2003 to Cancel the Principal Amounts of Student Loans + +

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The Higher Education Relief Opportunities for Students Act of 2003, Pub. L. No. 108-76, 117 Stat. 904, grants the Secretary of Education authority to reduce or eliminate the obligation to repay the principal balance of federal student loan debt, including on a class-wide basis in response to the COVID-19 pandemic, provided all other requirements of the statute are satisfied.

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