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).
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 661–670 of 2202
-
The Twenty-Second Decennial Census
Neither the Enumeration Clause of the Constitution nor the Census Act precludes the Bureau of the Census from statistically adjusting "headcounts" in the decennial census for the year 2000 or conducting the non-response follow-up on a sample basis. The provision in the Census Act prohibiting sampling for purposes of apportionment of the House of Representatives does not preclude reliance upon statistical adjustments that would improve the accuracy of "headcount" data. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20296/download.
10/7/1994
-
Deployment of United States Armed Forces Into Haiti
The President possessed the legal authority to deploy United States Armed Forces into Haiti. The planned deployment accorded with the sense of Congress, satisfied the requirements of the War Powers Resolution, and was not a "war" within the meaning of the Constitution. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20306/download.
9/27/1994
-
Mutual Consent Provisions in the Guam Commonwealth Legislation
Sections of the Guam Commonwealth Bill requiring the mutual consent of the Government of the United States and the Government of Guam raise serious constitutional questions and are legally unenforceable. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/163646/download.
7/28/1994
-
Constitutionality of Legislation Extending the Terms of Office of United States Parole Commissioners
Because United States Parole Commissioners may be removed by the President at will, legislation extending the terms of office of certain Parole Commissioners, does not violate the Appointments Clause. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20311/download.
7/15/1994
-
United States Assistance to Countries That Shoot Down Civil Aircraft Involved in Drug Trafficking
The Aircraft Sabotage Act of 1984 applies to the police and military personnel of foreign governments. In particular, the Act applies to the use of deadly force by such foreign governmental actors against civil aircraft in flight that are suspected of transporting illegal drugs. There is accordingly a substantial risk that United States Government officers and employees who provide flight tracking information or certain other forms of assistance to the aerial interdiction programs of foreign governments that have destroyed such aircraft, or that have announced an intent to do so, would be aiding and abetting conduct that violated the Act. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20316/download.
7/14/1994
-
Review of 1988 Opinion Concerning the Applicability of Section 504 of the Rehabilitation Act to Individuals Infected With HIV
The 1988 Office of Legal Counsel opinion accurately describes the duties imposed by section 504 of the Rehabilitation Act with respect to individuals infected with the Human Immunodeficiency Virus. The subsequent passage of the Americans with Disabilities Act did not alter the analysis of cases arising under the Rehabilitation Act, although an amendment to section 504 now requires reference to standards set forth in the ADA. Application of the standards set forth under section 504 in any particular case requires consideration of current scientific understanding of HIV infection. Advances in the scientific understanding of HIV infection since 1988 may undermine some of the discussion in the 1988 opinion about the application of these standards to individual cases. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20321/download.
7/8/1994
-
Applicability of 18 U.S.C. § 208 to Proposed Appointment of Government Official to the Board of Connie Lee
An executive branch officer or employee appointed to the Board of Directors of Connie Lee would be a "director" within the meaning of 18 U.S.C. § 208(a) and therefore would be disqualified from participating "personnally and substantially" in any "particular matter" implicating the financial interests of Connie Lee unless the conditions of subsection 208(b) are satisfied. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20326/download.
6/22/1994
-
Prejudgment Interest Under the Back Pay Act for Refunds of Federal Insurance Contributions Act Overpayments
The Back Pay Act's authorization of prejudgment interest does not apply to the return of a Federal Insurance Contributions Act tax overpayment. Even if the Back Pay Act did apply to such returns, an agency's specific exemption from liability under the Federal Insurance Contributions Act would override the provisions of the Back Pay Act. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20331/download.
5/31/1994
-
Deputization of Members of Congress as Special Deputy U.S. Marshals
The deputization of Members of Congress as special Deputy U.S. Marshals is inconsistent with separation of powers principles and with the statutory language and historical practice governing special deputation. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20336/download.
5/25/1994
-
Reconsideration of Applicability of the Davis-Bacon Act to the Veterans Administration's Lease of Medical Facilities
Contrary to the view expressed in an earlier opinion of the Office of Legal Counsel, the plain language of the Davis-Bacon Act does not bar its application to a lease contract on the ground that such contracts are per se not contracts for construction. The applicability of the Davis-Bacon Act to any specific lease contract can be determined only by considering the details of the particular contract. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20341/download.
5/23/1994