The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit
This Reading Room is a comprehensive database of published opinions written by the Justice Department’s Office of Legal Counsel (OLC). It contains the approximately 1,400 opinions published by the OLC in its online database and the opinions produced in Freedom of Information Act litigation brought by the Knight Institute, including opinions about the Pentagon Papers, the Civil Rights Era, and the War Powers Act. It also contains indexes of unclassified OLC opinions written between 1945 and February 15, 1994 (these indexes were created by the OLC and intended to be comprehensive). We have compiled those indexes into a single list here and in .csv format here. This Reading Room also contains an index of all classified OLC opinions issued between 1974 and 2021, except those classified or codeword-classified at a level higher than Top Secret (the OLC created this index, too, and intended it to be comprehensive).
Some opinion descriptions were drafted by the OLC, some were prepared by Knight First Amendment Institute staff, and some were generated using AI tools.
The Knight Institute will continue updating the reading room with new records. To get alerts when the OLC publishes a new opinion in its database, follow @OLCforthepeople on Twitter.
Showing 2061–2070 of 2214
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Application of James D. Hill for permission to appear before the Office of Alien Property in claims of Janis Zalcmanis et al.
The document discusses the conflict-of-interest regulations regarding former government employees representing others before the Office of Alien Property (OAP). It compares the regulations under 8 CFR 505.60 and 18 U.S.C. 207(a), concluding that 505.60 remains in force and may be utilized to determine eligibility for representation. The document also addresses the specific case of James D. Hill's application to represent others before OAP, ultimately agreeing with the conclusion that he is ineligible to handle the present Zalcmenis tax refund claims. The questions presented for review include the validity and applicability of the conflict-of-interest regulations, as well as the determination of eligibility for representation based on the former employee's actions while in government service.
10/27/2020
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Request by HHFA for an opinion on security of certain loan notes issued under Public Housing and Urban Renewal programs.
The document is a response to an inquiry about the security of certain notes issued under the Public Housing and Urban Renewal programs. The conclusion reached is that section 302 of the Housing Act of 1961 provides protection and makes the United States unreservedly liable on the notes, even in situations where lawsuits have been filed. The document presents the question of whether the United States is liable on the notes when there is pending litigation related to the issuer of the notes or the project being financed. It also raises the issue of whether issuing an Attorney General's opinion will facilitate public marketing and produce savings in interest costs to local housing and urban renewal agencies. The document recommends that HFA transmit an opinion prepared by its General Counsel, along with any other available material, for referral to the Attorney General.
10/27/2020
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Applicability of Title VI of the Civil Rights Act of 1964 to the Administration's Medicare Bill
The document discusses the applicability of Title VI of the Civil Rights Act of 1964 to the Medicare plan proposed in H.R. 1. The conclusion reached is that Medicare does not involve a "program or activity receiving Federal financial assistance" within the meaning of Title VI. The document also addresses the question of whether the Due Process Clause of the Fifth Amendment imposes a duty of nondiscrimination on providers of services under the Medicare program. The analysis concludes that the Fifth Amendment will not apply to providers of services solely by virtue of their status under the Medicare plan. The document presents a detailed examination of the Medicare plan and its relationship to federal financial assistance, as well as the potential implications for providers of services under the plan.
10/27/2020
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Authority of the Secretary of the Interior under the Petroleum Import Restriction Program
The document discusses the authority of the Secretary of the Interior to split District I into three sub-districts and terminate import restrictions on residual fuel oil. The conclusion reached is that the Secretary does not have the authority to make these changes under section 2(d) of Proclamation No. 3279. The document also raises questions about the scope of a purported oral delegation given to the Secretary by the President, and whether the President has the authority to delegate the power to subdivide districts and terminate import restrictions. The document suggests that even if the strict letter of the law does not require it, it would be desirable to reduce any delegation to writing and publish it in the Federal Register to avoid questions about its validity.
10/27/2020
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Family Planning Activities Under Community Action Programs.
The document is a recommendation to the Attorney General to not object to the proposed guidelines for "Family Planning Activities Under Community Action Programs." The author sees no reason to oppose the limitations expressed in the guidelines and believes that the public will not accept a contrary rule in a family planning program. The document also includes a letter from the Attorney General expressing no objections or recommendations for revision to the proposed guidelines. The questions presented for review include whether to object to the proposed guidelines and whether to suggest the omission of paragraph 10.
10/27/2020
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Title VI of the Civil Rights Act: School Lunch Program in Private Schools.
The document discusses the Department of Agriculture's request to reconsider the issue of providing aid to private schools under the school lunch program without assurances of compliance with Title VI of the Civil Rights Act. The document presents three possible courses of action: not insisting on assurances from any institutions, insisting on assurances from all privately operated institutions, or insisting on assurances from all recipients except public schools. The Department of Agriculture favors the third approach, arguing that the exception for public schools should be narrowly construed. The document raises the question of whether to continue providing aid to institutions that discriminate and emphasizes the need for the federal government to make a decision on the matter. The conclusions reached in the document highlight the need for a decision on providing aid to institutions that do not comply with Title VI, and the questions presented for review include the potential impact of different courses of action on various types of institutions receiving federal aid.
10/27/2020
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Status of the Commission on International Rules of Judicial Assistance.
The document discusses the status and membership of the Commission on International Rules of Judicial Assistance, as well as its purpose, financing, and present status. The conclusions reached in the document indicate that the Commission has had no funds since 1953, and the last official meeting was held in 1962. The questions presented for review include the need for reappointment of members, the lack of funds, and the status of the Advisory Committee. Additionally, the document raises questions about the need for appropriations and the future of the Commission's projects.
10/27/2020
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Notices concerning convictions which are cognizable as grounds for debarment of bidders on federal contracts.
The document discusses the Federal Procurement Regulations (FPR) and the guidelines for debarment of bidders on federal contracts. It highlights the need for better communication and notification of antitrust convictions to ensure compliance with the FPR. The conclusions reached in the document emphasize the importance of establishing better liaison procedures within the Department of Justice and with other federal departments and agencies to promptly notify federal procurement officials of antitrust convictions. The questions presented for review include how to strengthen liaison within the Department of Justice and with other departments and agencies of the Executive Branch, as well as how to handle convictions that occurred prior to the date of the memorandum.
10/27/2020
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Equal employment opportunities for women in the federal service.
The document is a summary of responses to a memorandum addressing equal employment opportunities for women in federal service. It includes comments and recommendations on part-time employment, recruitment of assistant U.S. attorneys, and law enforcement positions. The document also presents excerpts from responses, highlighting varying opinions on the inclusion of women in different roles. The questions presented for review include the desirability of part-time employment, lack of women applicants for assistant U.S. attorney positions, and the exclusion of women from law enforcement positions. The conclusions reached in the document suggest that the Department should encourage the utilization of part-time employees and make efforts to educate U.S. Attorneys regarding equal employment opportunities for women. Additionally, the document recommends changing the policy to permit the appointment of qualified women in law enforcement positions.
10/27/2020
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Georgia School Districts' Compliance with HEW Nondiscrimination Requirements Under Title VI of the Civil Rights Act of 1964.
The document discusses the issue of 170 local school districts in Georgia filing Form 441 with the Department of Health, Education, and Welfare, which is an assurance of compliance with Title VI of the Civil Rights Act of 1964. The Department takes the position that these assurances do not comply with its Title VI regulations, as the school districts have not been desegregated at the time of filing. Governor Sanders of Georgia believes that the school officials were misled by HEW and that segregated school systems would satisfy the regulations by executing the form. However, the conclusion reached in the document is that HEW's position is legally sound and that there is no reasonable basis for believing that Georgia school officials were misled. The document presents questions for review regarding the practical solution of advising Governor Sanders that HEW will accept the forms if supplemented by assurances of prompt desegregation plans and their approval by the Commissioner of Education.
10/27/2020