Legal Opinion Clause

In no event shall a service provider be required to provide any service that requires notice, advice or representation as to the liability that may be created for such service provider or its affiliates as a result of claims by the receiving party or any other person or entity, including a government agency (e.g., legal advice or advice, tax advice or advice, e.g., notice of compliance, or advice), except for the usual assurances that may reasonably be required of auditors in connection with the preparation of audited financial statements. The committee may appoint agents to assist it and appoint legal counsel who may act as an advisor to the plan sponsor. The Committee is not responsible for actions taken or omitted on the advice of a lawyer. A party is liable for damages if, in that case, it obtains legal advice in accordance with the parties` agreement and the other party, which reasonably believed in the accuracy of the legal opinion, suffers damage because it has fulfilled its obligation or made other financial arrangements. A 2020 opinion from the Office of the Legal Counsel on the legal status of the proposed gender equality amendment does not impede Congress` ability to act with respect to ratification of the ERA, nor does it impede judicial review of issues relating to the constitutional status of the ERA. In determining whether the information requested can serve a legitimate legislative purpose, the executive branch must give due consideration to the status of Congress as an equal branch of government. Like the courts, law enforcement officials must therefore apply the presumption that officers of the Legislative Assembly are acting in good faith and for legitimate purposes. If the Senate votes to confirm Justice Ketanji Brown Jackson as an associate justice of the Supreme Court, the president may complete his appointment to the Supreme Court by signing his commission before Justice Breyer`s resignation takes effect. Federal employees who perform their duties in a manner authorized by federal law while in 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. Higher Education Student Support Opportunities Act, 2003, Pub.

L. No. 108-76, 117 Stat. 904, gives the Secretary of Education the authority to reduce or eliminate the obligation to repay the principal balance of the federal student loan debt, including at the classroom level, in response to the COVID-19 pandemic, provided all other requirements of the law are met. 26 U.S.C. § 6103(f)(1) gives congressional tax committees a full right to receive tax information from the Treasury. It embodies a long-standing judgment of politicians that tax committees are uniquely positioned to obtain such information. However, committees cannot compel the executive to disclose such information without meeting the constitutional requirement that the information could serve a legitimate legislative purpose. Department of Veterans Affairs on Reproductive Health Services, 87 Fed.

Reg. 55,287 (9. September 2022), is a legal exercise of the powers of the VA. States cannot 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 permitted by federal law, including the VA Rule. The supremacy clause prohibits state officials from punishing VA employees for the performance of their federal duties, whether through law enforcement, license revocation, or civil litigation. The conclusion that the restriction on expulsion is constitutionally unenforceable does not affect the validity of the rest of the law. The President may remove the Commissioner of Social Security at his or her discretion, notwithstanding the statutory limitation on removal set forth in 42 U.S.C. § 902(a)(3). A member of the National Credit Union Administration Board who was originally appointed for a partial term may be reappointed pursuant to 12 U.S.C.

§ 1752a(c), regardless of whether the member`s initial appointment was for the remainder of a term that became vacant in the middle of the term or was not previously appointed. If one of the congressional tax committees requests tax information under Section 6103(f)(1) and relies on valid reasons for its request, the executive branch should conclude that the request does not have a legitimate legislative purpose only in exceptional circumstances. The Chair of the House Ways and Means Committee provided sufficient reasons to request the former Speaker`s tax information. Section 6103(f)(1) requires the Department of Finance to provide this information to the Committee. This office concluded in January 2021 that once the COVID-19 emergency is over, the Bureau of Prisons will be required to recall all inmates who are held in prolonged detention under Section 12003(b)(2) of the Coronavirus Aid, Relief, and Economic Security Act and who are not eligible for home placement under 18 U.S.C. § 624(c)(2). Having been asked to reconsider, we now conclude that section 12003(b)(2) and existing Office agencies are better designed to give the Office the discretion to allow inmates in prolonged house arrest to remain there. The chairman of the Federal Deposit Insurance Corporation does not have the authority to prevent a majority of the FDIC board from submitting items to the board of directors for vote and decision.