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Justice Blackmun | dissenting | false | Edmonds v. Compagnie Generale Transatlantique | 1979-06-27T00:00:00 | null | https://www.courtlistener.com/opinion/110136/edmonds-v-compagnie-generale-transatlantique/ | https://www.courtlistener.com/api/rest/v3/clusters/110136/ | 1,979 | 1978-148 | 2 | 5 | 3 | The jury in this case found that the shipowner, the stevedore, and the longshoreman were each partially responsible *274 for the latter's (petitioner Stanley Edmonds) injury. A member of the ship's crew instructed Edmonds to remove a jack from the rear wheel of a large cargo container. As Edmonds went behind the contai... | The jury in this case found that the shipowner, the stevedore, and the longshoreman were each partially responsible *274 for the latter's (petitioner Stanley Edmonds) injury. A member of the ship's crew instructed Edmonds to remove a jack from the rear wheel of a large cargo container. As Edmonds went behind the contai... |
per_curiam | per_curiam | true | Arizona Governing Comm. for Tax Deferred Annuity and Deferred Compensation Plans v. Norris | 1983-07-06T00:00:00 | null | https://www.courtlistener.com/opinion/111021/arizona-governing-comm-for-tax-deferred-annuity-and-deferred-compensation/ | https://www.courtlistener.com/api/rest/v3/clusters/111021/ | 1,983 | 1982-164 | 2 | 5 | 4 | Petitioners in this case administer a deferred compensation plan for employees of the State of Arizona. The respondent class consists of all female employees who are enrolled in the plan or will enroll in the plan in the future. Certiorari was granted to decide whether Title VII of the Civil Rights Act of 1964, 78 Stat... | Petitioners in this case administer a deferred compensation plan for employees of the State of Arizona. The respondent class consists of all female employees who are enrolled in the plan or will enroll in the plan in the future. Certiorari was granted to decide whether Title VII of the Civil Rights Act of 1964, as amen... |
Justice Brennan | majority | false | Sun Ship, Inc. v. Pennsylvania | 1980-08-22T00:00:00 | null | https://www.courtlistener.com/opinion/110316/sun-ship-inc-v-pennsylvania/ | https://www.courtlistener.com/api/rest/v3/clusters/110316/ | 1,980 | 1979-132 | 2 | 9 | 0 | The single question presented by these consolidated cases is whether a State may apply its workers' compensation scheme to land-based injuries that fall within the coverage of the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), as amended in 1972. 33 U.S. C. §§ 901-950. We hold that it may.
I
The individu... | The single question presented by these consolidated cases is whether a State may apply its workers' compensation scheme to land-based injuries that fall within the coverage of the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), as amended in 1972. 33 U.S. C. 901-950. We hold that it may. I The individual a... |
per_curiam | per_curiam | true | Ray v. United States | 1987-05-18T00:00:00 | null | https://www.courtlistener.com/opinion/111889/ray-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/111889/ | 1,987 | 1986-100 | 2 | 9 | 0 | Petitioner was found guilty of one count of conspiracy to possess cocaine with intent to distribute, and two counts of possession of cocaine with intent to distribute. He was sentenced to concurrent 7-year prison terms on all three counts, and to concurrent special parole terms of five years on the two possession count... | Petitioner was found guilty of one count of conspiracy to possess cocaine with intent to distribute, and two counts of possession of cocaine with intent to distribute. He was sentenced to concurrent 7-year prison terms on all three counts, and to concurrent special parole terms of five years on the two possession count... |
Justice Blackmun | dissenting | false | Kremer v. Chemical Constr. Corp. | 1982-05-17T00:00:00 | null | https://www.courtlistener.com/opinion/110706/kremer-v-chemical-constr-corp/ | https://www.courtlistener.com/api/rest/v3/clusters/110706/ | 1,982 | 1981-090 | 1 | 5 | 4 | Today the Court follows an isolated Second Circuit approach and holds that a discrimination complainant cannot bring a Title VII suit in federal court after unsuccessfully seeking state court "review" of a state antidiscrimination agency's unfavorable decision. The Court embraces a rule that has been subject to challen... | Today the Court follows an isolated Second Circuit approach and holds that a discrimination complainant cannot bring a Title VII suit in federal court after unsuccessfully seeking state court "review" of a state antidiscrimination agency's unfavorable decision. The Court embraces a rule that has been subject to challen... |
Justice Kennedy | concurring | false | Lopez v. Monterey County | 1999-01-20T00:00:00 | null | https://www.courtlistener.com/opinion/118257/lopez-v-monterey-county/ | https://www.courtlistener.com/api/rest/v3/clusters/118257/ | 1,999 | 1998-016 | 2 | 8 | 1 | I would not decide in this case whether "§ 5's preclearance requirement applies to a covered county's nondiscretionary efforts to implement a voting change required by state law, notwithstanding the fact that the State is not itself a covered jurisdiction." Ante, at 282. I think it quite possible, particularly in light... | I would not decide in this case whether 5's preclearance requirement applies to a covered county's nondiscretionary efforts to implement a voting change required by state law, notwithstanding the fact that the State is not itself a covered jurisdiction." Ante, at 282. I think it quite possible, particularly in light of... |
Justice Scalia | concurring | false | United States v. Cleveland Indians Baseball Co. | 2001-04-18T00:00:00 | null | https://www.courtlistener.com/opinion/118419/united-states-v-cleveland-indians-baseball-co/ | https://www.courtlistener.com/api/rest/v3/clusters/118419/ | 2,001 | 2000-039 | 2 | 9 | 0 | If I believed that the text of the tax statutes addressed the issue before us, I might well find for the respondent, giving that text the same meaning the Court found it to have in the benefits provisions of the Social Security Act. See Social Security Bd. v. Nierotko, 327 U.S. 358, 370, and n. 25 (1946). The Court's p... | If I believed that the text of the tax statutes addressed the issue before us, I might well find for the respondent, giving that text the same meaning the Court found it to have in the benefits provisions of the Social Security Act. See Social Security The Court's principal reason for assigning the identical language a... |
Justice Ginsburg | majority | false | Golan v. Holder | 2012-01-18T00:00:00 | null | https://www.courtlistener.com/opinion/2959739/golan-v-holder/ | https://www.courtlistener.com/api/rest/v3/clusters/2959739/ | 2,012 | 2011-015 | 1 | 6 | 2 | The Berne Convention for the Protection of Literary and
Artistic Works (Berne Convention or Berne), which took
effect in 1886, is the principal accord governing interna-
tional copyright relations. Latecomer to the international
copyright regime launched by Berne, the United States
joined the Convention in 1989. To per... | The Berne Convention for the Protection of Literary and Artistic Works (Berne Convention or Berne), which took effect in 188, is the principal accord governing interna- tional copyright relations. Latecomer to the international copyright regime launched by Berne, the United States joined the Convention in 1989. To perf... |
Justice White | majority | false | Alfred Dunhill of London, Inc. v. Republic of Cuba | 1976-05-24T00:00:00 | null | https://www.courtlistener.com/opinion/109448/alfred-dunhill-of-london-inc-v-republic-of-cuba/ | https://www.courtlistener.com/api/rest/v3/clusters/109448/ | 1,976 | 1975-096 | 2 | 5 | 4 | []
The issue in this case is whether the failure of respondents to return to petitioner Alfred Dunhill of London, Inc. (Dunhill), funds mistakenly paid by Dunhill for cigars that had been sold to Dunhill by certain expropriated Cuban cigar businesses was an "act of state" by Cuba precluding an affirmative judgment aga... | [] The issue in this case is whether the failure of respondents to return to petitioner Alfred Dunhill of London, (Dunhill), funds mistakenly paid by Dunhill for cigars that had been sold to Dunhill by certain expropriated Cuban cigar businesses was an "act of state" by Cuba precluding an affirmative judgment against ... |
per_curiam | per_curiam | true | Quinn v. Muscare | 1976-06-21T00:00:00 | null | https://www.courtlistener.com/opinion/109441/quinn-v-muscare/ | https://www.courtlistener.com/api/rest/v3/clusters/109441/ | 1,976 | 1975-088 | 1 | 8 | 0 | The respondent, a lieutenant in the Chicago Fire Department, was suspended from his job for a 29-day period in 1974 as a result of charges related to his violation of *561 the department's personal-appearance regulation.[1] Following the suspension, the respondent brought an action in the United States District Court f... | The respondent, a lieutenant in the Chicago Fire Department, was suspended from his job for a 29-day period in 1974 as a result of charges related to his violation of *561 the department's personal-appearance regulation.[1] Following the suspension, the respondent brought an action in the United States District Court f... |
Justice Marshall | majority | false | Thomas v. Arn | 1986-01-27T00:00:00 | null | https://www.courtlistener.com/opinion/111545/thomas-v-arn/ | https://www.courtlistener.com/api/rest/v3/clusters/111545/ | 1,986 | 1985-014 | 1 | 6 | 3 | In 1976, Congress amended § 101 of the Federal Magistrates Act, 28 U.S. C. § 636, to provide that a United States district judge may refer dispositive pretrial motions, and petitions for writ of habeas corpus, to a magistrate, who shall conduct appropriate proceedings and recommend dispositions. *142 Pub. L. 94-577, 90... | In 1976, Congress amended 101 of the Federal Magistrates Act, 28 U.S. C. 636, to provide that a United States district judge may refer dispositive pretrial motions, and petitions for writ of habeas corpus, to a magistrate, who shall conduct appropriate proceedings and recommend dispositions. *142 Stat. 2729.[1] The ame... |
Justice Douglas | majority | false | American Farm Lines v. Black Ball Freight Service | 1970-04-20T00:00:00 | null | https://www.courtlistener.com/opinion/108117/american-farm-lines-v-black-ball-freight-service/ | https://www.courtlistener.com/api/rest/v3/clusters/108117/ | 1,970 | 1969-074 | 2 | 5 | 3 | The Interstate Commerce Commission has statutory power to grant motor carriers temporary operating authority "without hearings or other proceedings" when the authority relates to a "service for which there is an immediate and urgent need" and where there is "no *534 carrier service capable of meeting such need."[1] Int... | The Interstate Commerce Commission has statutory power to grant motor carriers temporary operating authority "without hearings or other proceedings" when the authority relates to a "service for which there is an immediate and urgent need" and where there is "no *534 carrier service capable of meeting such need."[1] Int... |
Justice Burger | majority | false | Santobello v. New York | 1971-12-20T00:00:00 | null | https://www.courtlistener.com/opinion/108416/santobello-v-new-york/ | https://www.courtlistener.com/api/rest/v3/clusters/108416/ | 1,971 | 1971-026 | 1 | 4 | 3 | We granted certiorari in this case to determine whether the State's failure to keep a commitment concerning *258 the sentence recommendation on a guilty plea required a new trial.
The facts are not in dispute. The State of New York indicted petitioner in 1969 on two felony counts, Promoting Gambling in the First Degree... | We granted certiorari in this case to determine whether the State's failure to keep a commitment concerning *258 the sentence recommendation on a guilty plea required a new trial. The facts are not in dispute. The State of New York indicted petitioner in 1969 on two felony counts, Promoting Gambling in the First Degree... |
Justice Kennedy | concurring | false | Moseley v. v. Secret Catalogue, Inc. | 2003-03-04T00:00:00 | null | https://www.courtlistener.com/opinion/122261/moseley-v-v-secret-catalogue-inc/ | https://www.courtlistener.com/api/rest/v3/clusters/122261/ | 2,003 | 2002-022 | 2 | 9 | 0 | As of this date, few courts have reviewed the statute we are considering, the Federal Trademark Dilution Act, 15 U.S. C. § 1125(c), and I agree with the Court that the evidentiary showing required by the statute can be clarified on remand. The conclusion that the VICTORIA'S SECRET mark is a famous mark has not been cha... | As of this date, few courts have reviewed the statute we are considering, the Federal Trademark Dilution Act, 15 U.S. C. 1125(c), and I agree with the Court that the evidentiary showing required by the statute can be clarified on remand. The conclusion that the VICTORIA'S SECRET mark is a famous mark has not been chall... |
Justice Douglas | dissenting | false | Johnson v. Louisiana | 1972-05-22T00:00:00 | null | https://www.courtlistener.com/opinion/108538/johnson-v-louisiana/ | https://www.courtlistener.com/api/rest/v3/clusters/108538/ | 1,972 | 1971-110 | 1 | 5 | 4 | [*]
Appellant in the Louisiana case and petitioners in the Oregon case were convicted by juries that were less than unanimous. This procedure is authorized by both the *381 Louisiana and Oregon Constitutions. Their claim, rejected by the majority, is that this procedure is a violation of their federal constitutional ri... | [*] Appellant in the Louisiana case and petitioners in the Oregon case were convicted by juries that were less than unanimous. This procedure is authorized by both the *3 Louisiana and Oregon Constitutions. Their claim, rejected by the majority, is that this procedure is a violation of their federal constitutional righ... |
Justice O'Connor | concurring | false | Thompson v. Thompson | 1988-01-12T00:00:00 | null | https://www.courtlistener.com/opinion/111974/thompson-v-thompson/ | https://www.courtlistener.com/api/rest/v3/clusters/111974/ | 1,988 | 1987-014 | 1 | 8 | 0 | For the reasons expressed by JUSTICE SCALIA in Part I of his opinion in this case, I join all but the first full paragraph of Part II of the Court's opinion and judgment.
JUSTICE SCALIA, concurring in the judgment.
I write separately because in my view the Court is not being faithful to current doctrine in its dicta de... | For the reasons expressed by JUSTICE SCALIA in Part I of his opinion in this case, I join all but the first full paragraph of Part II of the Court's opinion and judgment. JUSTICE SCALIA, concurring in the judgment. I write separately because in my view the Court is not being faithful to current doctrine in its dicta de... |
Justice Stevens | dissenting | false | Graham v. Collins | 1993-01-25T00:00:00 | null | https://www.courtlistener.com/opinion/112810/graham-v-collins/ | https://www.courtlistener.com/api/rest/v3/clusters/112810/ | 1,993 | 1992-023 | 1 | 5 | 4 | Neither the race of the defendant nor the race of the victim should play a part in any decision to impose a death sentence. As Justice Thomas points out, there is reason to believe that this imperative was routinely violated in the *501 years before the Court first held that capital punishment may violate the Eighth Am... | Neither the race of the defendant nor the race of the victim should play a part in any decision to impose a death sentence. As Justice Thomas points out, there is reason to believe that this imperative was routinely violated in the *501 years before the Court first held that capital punishment may violate the Eighth Am... |
Justice Souter | dissenting | false | United States v. Morrison | 2000-05-15T00:00:00 | null | https://www.courtlistener.com/opinion/118363/united-states-v-morrison/ | https://www.courtlistener.com/api/rest/v3/clusters/118363/ | 2,000 | 1999-057 | 1 | 5 | 4 | The Court says both that it leaves Commerce Clause precedent undisturbed and that the Civil Rights Remedy of the Violence Against Women Act of 1994, 42 U.S. C. § 13981, exceeds Congress's power under that Clause. I find the claims irreconcilable and respectfully dissent.[1]
I
Our cases, which remain at least nomina... | The Court says both that it leaves Commerce Clause precedent undisturbed and that the Civil Rights Remedy of the Violence Against Women Act of 4, 42 U.S. C. 11, exceeds Congress's power under that Clause. I find the claims irreconcilable and respectfully dissent.[1] I Our cases, which remain at least nominally undistur... |
Justice Scalia | dissenting | false | Shafer v. South Carolina | 2001-03-20T00:00:00 | null | https://www.courtlistener.com/opinion/118412/shafer-v-south-carolina/ | https://www.courtlistener.com/api/rest/v3/clusters/118412/ | 2,001 | 2000-032 | 2 | 7 | 2 | While I concede that today's judgment is a logical extension of Simmons v. South Carolina, 512 U.S. 154 (1994), I am more attached to the logic of the Constitution, whose Due Process Clause was understood as an embodiment of common-law tradition, rather than as authority for federal courts to promulgate wise national r... | While I concede that today's judgment is a logical extension of I am more attached to the logic of the Constitution, whose Due Process Clause was understood as an embodiment of common-law tradition, rather than as authority for federal courts to promulgate wise national rules of criminal procedure. As I pointed out in ... |
Justice Marshall | majority | false | Shaffer v. Heitner | 1977-06-24T00:00:00 | null | https://www.courtlistener.com/opinion/109721/shaffer-v-heitner/ | https://www.courtlistener.com/api/rest/v3/clusters/109721/ | 1,977 | 1976-166 | 2 | 7 | 1 | The controversy in this case concerns the constitutionality of a Delaware statute that allows a court of that State to take jurisdiction of a lawsuit by sequestering any property of the defendant that happens to be located in Delaware. Appellants contend that the sequestration statute as applied in this case violates t... | The controversy in this case concerns the constitutionality of a Delaware statute that allows a court of that State to take jurisdiction of a lawsuit by sequestering any property of the defendant that happens to be located in Delaware. Appellants contend that the sequestration statute as applied in this case violates t... |
Justice Scalia | concurring | false | Seling v. Young | 2001-01-17T00:00:00 | null | https://www.courtlistener.com/opinion/118401/seling-v-young/ | https://www.courtlistener.com/api/rest/v3/clusters/118401/ | 2,001 | 2000-015 | 1 | 8 | 1 | I agree with the Court's holding that a statute, "found to be civil [in nature], cannot be deemed punitive" or criminal "as applied" for purposes of the Ex Post Facto and Double Jeopardy Clauses. Ante this page. The Court accurately observes that this holding gives us "no occasion to consider. . . the extent to which a... | I agree with the Court's holding that a statute, "found to be civil [in nature], cannot be deemed punitive" or criminal "as applied" for purposes of the Ex Post Facto and Double Jeopardy Clauses. Ante this page. The Court accurately observes that this holding gives us "no occasion to consider. the extent to which a cou... |
Justice Blackmun | majority | false | Barrett v. United States | 1976-01-13T00:00:00 | null | https://www.courtlistener.com/opinion/109341/barrett-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/109341/ | 1,976 | 1975-021 | 1 | 6 | 2 | Petitioner Pearl Barrett has been convicted by a jury in the United States District Court for the Eastern District *213 of Kentucky of a violation of 18 U.S. C. § 922 (h),[1] a part of the Gun Control Act of 1968, Pub. L. 90-618, 82 Stat. 1213, amending the Omnibus Crime Control and Safe Streets Act of 1968, Pub. L. 90... | Petitioner Pearl Barrett has been convicted by a jury in the United District Court for the Eastern District *213 of Kentucky of a violation of 18 U.S. C. 922 (h),[1] a part of the Gun Control Act of 1968, Stat. 1213, amending the Omnibus Crime Control and Safe Streets Act of 1968, Stat. 197, enacted earlier the same ye... |
Justice Souter | majority | false | Nationwide Mut. Ins. Co. v. Darden | 1992-03-24T00:00:00 | null | https://www.courtlistener.com/opinion/112710/nationwide-mut-ins-co-v-darden/ | https://www.courtlistener.com/api/rest/v3/clusters/112710/ | 1,992 | 1991-049 | 1 | 9 | 0 | In this case we construe the term "employee" as it appears in § 3(6) of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 834, 29 U.S. C. § 1002(6), and read it to incorporate traditional agency law criteria for identifying master-servant relationships.
I
From 1962 through 1980, respondent Robert D... | In this case we construe the term "employee" as it appears in 3(6) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S. C. 1002(6), and read it to incorporate traditional agency law criteria for identifying master-servant relationships. I From 1962 through 1980, respondent Robert operated an insuranc... |
Justice Stevens | dissenting | false | Lewis v. Casey | 1996-06-24T00:00:00 | null | https://www.courtlistener.com/opinion/118054/lewis-v-casey/ | https://www.courtlistener.com/api/rest/v3/clusters/118054/ | 1,996 | 1995-081 | 1 | 8 | 1 | The Fourteenth Amendment prohibits the States from depriving any person of life, liberty, or property without due process of law. While at least one 19th-century court characterized the prison inmate as a mere "slave of the State," Ruffin v. Commonwealth, 62 Va. 790, 796 (1871), in recent decades this Court has repeate... | The Fourteenth Amendment prohibits the s from depriving any person of life, liberty, or property without due process of law. While at least one 19th-century court characterized the prison inmate as a mere "slave of the" in recent decades this Court has repeatedly held that the convicted felon's loss of liberty is not t... |
Justice Souter | majority | false | Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co. | 1995-02-22T00:00:00 | null | https://www.courtlistener.com/opinion/117900/jerome-b-grubart-inc-v-great-lakes-dredge-dock-co/ | https://www.courtlistener.com/api/rest/v3/clusters/117900/ | 1,995 | 1994-026 | 2 | 7 | 0 | On April 13, 1992, water from the Chicago River poured into a freight tunnel running under the river and thence into the basements of buildings in the downtown Chicago Loop. Allegedly, the flooding resulted from events several months earlier, when respondent Great Lakes Dredge and Dock Company had used a crane, sitting... | On April 13, 1992, water from the Chicago poured into a freight tunnel running under the river and thence into the basements of buildings in the downtown Chicago Loop Allegedly, the flooding resulted from events several months earlier, when respondent Great Lakes Dredge and Dock Company had used a crane, sitting on a b... |
Justice O'Connor | dissenting | false | Atwater v. Lago Vista | 2001-04-24T00:00:00 | null | https://www.courtlistener.com/opinion/2620702/atwater-v-lago-vista/ | https://www.courtlistener.com/api/rest/v3/clusters/2620702/ | 2,001 | 2000-044 | 1 | 5 | 4 | The Fourth Amendment guarantees the right to be free from "unreasonable searches and seizures." The Court recognizes that the arrest of Gail Atwater was a "pointless indignity" that served no discernible state interest, ante, at 347, and yet holds that her arrest was constitutionally permissible. Because the Court's po... | The Fourth Amendment guarantees the right to be free from "unreasonable searches and seizures." The Court recognizes that the arrest of Gail Atwater was a "pointless indignity" that served no discernible state interest, ante, at 347, and yet holds that her arrest was constitutionally permissible. Because the Court's po... |
Justice Burger | dissenting | false | Davis v. Passman | 1979-06-05T00:00:00 | null | https://www.courtlistener.com/opinion/110097/davis-v-passman/ | https://www.courtlistener.com/api/rest/v3/clusters/110097/ | 1,979 | 1978-112 | 2 | 5 | 4 | I dissent because, for me, the case presents very grave questions of separation of powers, rather than Speech or Debate Clause issues, although the two have certain common roots. Congress could, of course, make Bivens-type remedies available to its staff employeesand to other congressional employees but it has not do... | I dissent because, for me, the case presents very grave questions of separation of powers, rather than Speech or Debate Clause issues, although the two have certain common roots. Congress could, of course, make Bivens-type remedies available to its staff employeesand to other congressional employees but it has not do... |
Justice Roberts | dissenting | false | Patchak v. Zinke | 2018-02-27T00:00:00 | null | https://www.courtlistener.com/opinion/4471243/patchak-v-zinke/ | https://www.courtlistener.com/api/rest/v3/clusters/4471243/ | 2,018 | 2017-017 | 1 | 6 | 3 | Two Terms ago, this Court unanimously agreed that
Congress could not pass a law directing that, in the hypo-
thetical pending case of Smith v. Jones, “Smith wins.”
Bank Markazi v. Peterson, 578 U. S. ___, ___, n. 17 (2016)
(slip op., at 13, n. 17). Today, the plurality refuses to
enforce even that limited principle in ... | Two Terms ago, this Court unanimously agreed that Congress could not pass a law directing that, in the hypo- thetical pending case of Smith v. Jones, “Smith wins.” Bank Markazi v. Peterson, 578 U. S. n. 17 (slip op., at 13, n. 17). Today, the plurality refuses to enforce even that limited principle in the face of a ver... |
Justice Thomas | concurring | false | Eastern Enterprises v. Apfel | 1998-06-25T00:00:00 | null | https://www.courtlistener.com/opinion/118239/eastern-enterprises-v-apfel/ | https://www.courtlistener.com/api/rest/v3/clusters/118239/ | 1,998 | 1997-096 | 1 | 5 | 4 | JUSTICE O'CONNOR'S opinion correctly concludes that the Coal Act's imposition of retroactive liability on petitioner violates the Takings Clause. I write separately to emphasize that the Ex Post Facto Clause of the Constitution, Art. I, § 9, cl. 3, even more clearly reflects the principle that "[r]etrospective laws are... | JUSTICE O'CONNOR'S opinion correctly concludes that the Coal Act's imposition of retroactive liability on petitioner violates the Takings Clause. I write separately to emphasize that the Ex Post Facto Clause of the Constitution, Art. I, 9, cl. 3, even more clearly reflects the principle that "[r]etrospective laws are, ... |
Justice Stevens | dissenting | false | Carcieri v. Salazar | 2009-02-24T00:00:00 | null | https://www.courtlistener.com/opinion/145908/carcieri-v-salazar/ | https://www.courtlistener.com/api/rest/v3/clusters/145908/ | 2,009 | 2008-023 | 1 | 6 | 3 | Congress has used the term “Indian” in the Indian
Reorganization Act of 1934 to describe those individuals
who are entitled to special protections and benefits under
federal Indian law. The Act specifies that benefits shall be
available to individuals who qualify as Indian either as a
result of blood quantum or as desc... | Congress has used the term “Indian” in the Indian Reorganization Act of 1934 to describe those individuals who are entitled to special protections and benefits under federal Indian law. The Act specifies that benefits shall be available to individuals who qualify as Indian either as a result of blood quantum or as desc... |
Justice Scalia | majority | false | Republic of Argentina v. NML Capital, Ltd. | 2014-06-16T00:00:00 | null | https://www.courtlistener.com/opinion/2679202/republic-of-argentina-v-nml-capital-ltd/ | https://www.courtlistener.com/api/rest/v3/clusters/2679202/ | 2,014 | 2013-059 | 2 | 7 | 1 | We must decide whether the Foreign Sovereign Immu-
nities Act of 1976 (FSIA or Act), 28 U.S. C. §§1330, 1602
et seq., limits the scope of discovery available to a judg
ment creditor in a federal postjudgment execution pro
ceeding against a foreign sovereign.
I. Background
In 2001, petitione... | We must decide whether the Foreign Sovereign Immu- nities Act of 976 (FSIA or Act), 28 U.S. C. 602 et seq., limits the scope of discovery available to a judg ment creditor in a federal postjudgment execution pro ceeding against a foreign sovereign. I. Background In 200, petitioner, Republic of Argentina, defaulted on... |
Justice Breyer | concurring | false | Oubre v. Entergy Operations, Inc. | 1998-01-26T00:00:00 | null | https://www.courtlistener.com/opinion/118169/oubre-v-entergy-operations-inc/ | https://www.courtlistener.com/api/rest/v3/clusters/118169/ | 1,998 | 1997-025 | 2 | 6 | 3 | This case focuses upon a worker who received a payment from her employer and in return promised not to bring an age-discrimination suit. Her promise failed the procedural tests of validity set forth in the Older Workers Benefit Protection Act (OWBPA), 29 U.S. C. § 626(f)(1). I agree with the majority that, because of t... | This case focuses upon a worker who received a payment from her employer and in return promised not to bring an age-discrimination suit. Her promise failed the procedural tests of validity set forth in the Older Workers Benefit Protection Act (OWBPA), 29 U.S. C. 626(f)(1). I agree with the majority that, because of thi... |
Justice O'Connor | majority | false | Meghrig v. KFC Western, Inc. | 1996-03-19T00:00:00 | null | https://www.courtlistener.com/opinion/118007/meghrig-v-kfc-western-inc/ | https://www.courtlistener.com/api/rest/v3/clusters/118007/ | 1,996 | 1995-033 | 1 | 9 | 0 | We consider whether § 7002 of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S. C. § 6972, authorizes a private cause of action to recover the prior cost of cleaning up toxic waste that does not, at the time of suit, continue to pose an endangerment to health or the environment. We conclude that it doe... | We consider whether 7002 of the Resource Conservation and Recovery Act of 76 (RCRA), 42 U.S. C. 6972, authorizes a private cause of action to recover the prior cost of cleaning up toxic waste that does not, at the time of suit, continue to pose an endangerment to health or the environment. We conclude that it does not.... |
Justice Stevens | majority | false | Irizarry v. United States | 2008-06-12T00:00:00 | null | https://www.courtlistener.com/opinion/145796/irizarry-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/145796/ | 2,008 | 2007-052 | 1 | 5 | 4 | Rule 32(h) of the Federal Rules of Criminal Procedure, promulgated in response to our decision in Burns v. United States, 501 U.S. 129, 111 S. Ct. 2182, 115 L. Ed. 2d 123 (1991), states that "[b]efore the court may depart from the applicable sentencing range on a ground not identified for departure either in the presen... | Rule 32(h) of the Federal Rules of Criminal Procedure, promulgated in response to our decision in states that "[b]efore the court may depart from the applicable sentencing range on a ground not identified for departure either in the presentence report or in a party's prehearing submission, the court must give the parti... |
Justice O'Connor | second_dissenting | false | Smith v. Wade | 1983-04-20T00:00:00 | null | https://www.courtlistener.com/opinion/110915/smith-v-wade/ | https://www.courtlistener.com/api/rest/v3/clusters/110915/ | 1,983 | 1982-063 | 2 | 5 | 4 | Although I agree with the result reached in JUSTICE REHNQUIST's dissent, I write separately because I cannot agree with the approach taken by either the Court or JUSTICE REHNQUIST. Both opinions engage in exhaustive, but ultimately unilluminating, exegesis of the common law of the availability of punitive damages in 18... | Although I agree with the result reached in JUSTICE REHNQUIST's dissent, I write separately because I cannot agree with the approach taken by either the Court or JUSTICE REHNQUIST. Both opinions engage in exhaustive, but ultimately unilluminating, exegesis of the common law of the availability of punitive damages in 18... |
Justice Marshall | majority | false | Charlotte v. Firefighters | 1976-06-07T00:00:00 | null | https://www.courtlistener.com/opinion/109471/charlotte-v-firefighters/ | https://www.courtlistener.com/api/rest/v3/clusters/109471/ | 1,976 | 1975-115 | 1 | 9 | 0 | The city of Charlotte, N. C., refuses to withhold from the paychecks of its firefighters dues owing to their *284 union, Local 660, International Association of Firefighters. We must decide whether this refusal violates the Equal Protection Clause of the Fourteenth Amendment.
I
Local 660 represents about 351 of the 54... | The city of Charlotte, N. C., refuses to withhold from the paychecks of its firefighters dues owing to their *284 union, Local 660, International Association of Firefighters. We must decide whether this refusal violates the Equal Protection Clause of the Fourteenth Amendment. I Local 660 represents about 351 of the 543... |
Justice Brennan | majority | false | Granfinanciera, SA v. Nordberg | 1989-06-23T00:00:00 | null | https://www.courtlistener.com/opinion/112317/granfinanciera-sa-v-nordberg/ | https://www.courtlistener.com/api/rest/v3/clusters/112317/ | 1,989 | 1988-137 | 2 | 6 | 3 | The question presented is whether a person who has not submitted a claim against a bankruptcy estate has a right to a jury trial when sued by the trustee in bankruptcy to recover an allegedly fraudulent monetary transfer. We hold that the Seventh Amendment entitles such a person to a trial by jury, notwithstanding Cong... | The question presented is whether a person who has not submitted a claim against a bankruptcy has a right to a jury trial when sued by the trustee in bankruptcy to recover an allegedly fraudulent monetary transfer. We hold that the Seventh Amendment entitles such a person to a trial by jury, notwithstanding Congress' d... |
Justice Scalia | dissenting | false | Simmons v. South Carolina | 1994-06-17T00:00:00 | null | https://www.courtlistener.com/opinion/117854/simmons-v-south-carolina/ | https://www.courtlistener.com/api/rest/v3/clusters/117854/ | 1,994 | 1993-074 | 2 | 7 | 2 | Today's judgment certainly seems reasonable enough as a determination of what a capital sentencing jury should be permitted to consider. That is not, however, what it purports to be. It purports to be a determination that any capital sentencing scheme that does not permit jury consideration of such material is so incom... | Today's judgment certainly seems reasonable enough as a determination of what a capital sentencing jury should be permitted to consider. That is not, however, what it purports to be. It purports to be a determination that any capital sentencing scheme that does not permit jury consideration of such material is so incom... |
Justice Stewart | dissenting | false | Chapman v. Houston Welfare Rights Organization | 1979-05-14T00:00:00 | null | https://www.courtlistener.com/opinion/110076/chapman-v-houston-welfare-rights-organization/ | https://www.courtlistener.com/api/rest/v3/clusters/110076/ | 1,979 | 1978-093 | 1 | 6 | 3 | My disagreement with the opinion and judgment of the Court in these cases is narrow but dispositive. Because 28 U.S. C. § 1343 (3) refers to "any Act of Congress providing for equal rights," because 42 U.S. C. § 1983 is such an Act of Congress, and because § 1983 by its terms clearly covers lawsuits such as the ones he... | My disagreement with the opinion and judgment of the Court in these cases is narrow but dispositive. Because 28 U.S. C. 1343 (3) refers to "any Act of Congress providing for equal rights," because 42 U.S. C. 1983 is such an Act of Congress, and because 1983 by its terms clearly covers lawsuits such as the ones here inv... |
Justice Souter | majority | false | Kennedy v. Plan Administrator for DuPont Sav. and Investment Plan | 2009-01-26T00:00:00 | null | https://www.courtlistener.com/opinion/145914/kennedy-v-plan-administrator-for-dupont-sav-and-investment-plan/ | https://www.courtlistener.com/api/rest/v3/clusters/145914/ | 2,009 | 2008-017 | 2 | 9 | 0 | The Employee Retirement Income Security Act of 1974
(ERISA), 88 Stat. 829, 29 U.S. C. §1001 et seq., generally
obligates administrators to manage ERISA plans “in
accordance with the documents and instruments govern
ing” them. §1104(a)(1)(D). At a more specific level, the
Act requires covered pension benefit plans to “... | The Employee Retirement Income Security Act of 174 (ERISA), 2 U.S. C. et seq., generally obligates administrators to manage ERISA plans “in accordance with the documents and instruments govern ing” them. At a more specific level, the Act requires covered pension benefit plans to “provide that benefits under the plan m... |
Justice Stewart | majority | false | American Pipe & Constr. Co. v. Utah | 1974-02-25T00:00:00 | null | https://www.courtlistener.com/opinion/108909/american-pipe-constr-co-v-utah/ | https://www.courtlistener.com/api/rest/v3/clusters/108909/ | 1,974 | 1973-040 | 2 | 9 | 0 | This case involves an aspect of the relationship between a statute of limitations and the provisions of Fed. Rule Civ. Proc. 23 regulating class actions in the federal courts. While the question presented is a limited one, the details of the complex proceedings, originating almost a decade ago, must be briefly recounte... | This case involves an aspect of the relationship between a statute of limitations and the provisions of Fed. Rule Civ. Proc. 23 regulating class actions in the federal courts. While the question presented is a limited one, the details of the complex proceedings, originating almost a decade ago, must be briefly recounte... |
Justice Marshall | concurring | false | Milliken v. Bradley | 1977-06-27T00:00:00 | null | https://www.courtlistener.com/opinion/109723/milliken-v-bradley/ | https://www.courtlistener.com/api/rest/v3/clusters/109723/ | 1,977 | 1976-171 | 2 | 9 | 0 | I wholeheartedly join THE CHIEF JUSTICE'S opinion for the Court. My Brother POWELL's opinion prompts these additional comments.
What is, to me, most tragic about this case is that in all relevant respects it is in no way unique. That a northern school board has been found guilty of intentionally discriminatory acts is,... | I wholeheartedly join THE CHIEF JUSTICE'S opinion for the Court. My Brother POWELL's opinion prompts these additional comments. What is, to me, most tragic about this case is that in all relevant respects it is in no way unique. That a northern school board has been found guilty of intentionally discriminatory acts is,... |
Justice Stevens | dissenting | false | United States v. Taylor | 1988-06-24T00:00:00 | null | https://www.courtlistener.com/opinion/112129/united-states-v-taylor/ | https://www.courtlistener.com/api/rest/v3/clusters/112129/ | 1,988 | 1987-139 | 1 | 6 | 3 | This is the kind of case that reasonable judges may decide differently. The issues have been narrowed by the Government's abandonment of the two principal arguments that it advanced in the District Court and in the Court of Appeals.[1] But even on the remaining question whether the dismissal of two of the three counts ... | This is the kind of case that reasonable judges may decide differently. The issues have been narrowed by the Government's abandonment of the two principal arguments that it advanced in the District Court and in the Court of Appeals.[1] But even on the remaining question whether the dismissal of two of the three counts ... |
Justice Kennedy | majority | false | Burlington Industries, Inc. v. Ellerth | 1998-06-26T00:00:00 | null | https://www.courtlistener.com/opinion/118244/burlington-industries-inc-v-ellerth/ | https://www.courtlistener.com/api/rest/v3/clusters/118244/ | 1,998 | 1997-101 | 2 | 7 | 2 | We decide whether, under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U.S. C. § 2000e et *747 seq. , an employee who refuses the unwelcome and threatening sexual advances of a supervisor, yet suffers no adverse, tangible job consequences, can recover against the employer without showing the ... | We decide whether, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S. C. 2000e et *747 seq. an employee who refuses the unwelcome and threatening sexual advances of a supervisor, yet suffers no adverse, tangible job consequences, can recover against the employer without showing the employer is neglige... |
Justice Burger | majority | false | Mathews v. Weber | 1976-01-14T00:00:00 | null | https://www.courtlistener.com/opinion/109343/mathews-v-weber/ | https://www.courtlistener.com/api/rest/v3/clusters/109343/ | 1,976 | 1975-023 | 2 | 8 | 0 | The question presented in this case is whether the Federal Magistrates Act, 28 U.S. C. § 631 et seq., permits a United States district court to refer all Social Security benefit cases to United States magistrates for preliminary review of the administrative record, oral argument, and preparation of a recommended decisi... | The question presented in this case is whether the Federal Magistrates Act, 28 U.S. C. 631 et seq., permits a United States district court to refer all Social Security benefit cases to United States magistrates for preliminary review of the administrative record, oral argument, and preparation of a recommended decision... |
Justice Blackmun | majority | false | Ohio v. Kentucky | 1980-03-17T00:00:00 | null | https://www.courtlistener.com/opinion/110172/ohio-v-kentucky/ | https://www.courtlistener.com/api/rest/v3/clusters/110172/ | 1,980 | 1979-021 | 3 | 6 | 3 | The State of Ohio, in 1966, instituted this action, under the Court's original jurisdiction, against the Commonwealth of Kentucky. By its bill of complaint as initially filed, Ohio asked that the Court declare and establish that the boundary line between the two States is "the low water mark on the *336 northerly side ... | The State of Ohio, in 1966, instituted this action, under the Court's original jurisdiction, against the Commonwealth of Kentucky. By its bill of complaint as initially filed, Ohio asked that the Court declare and establish that the boundary line between the two States is "the low water mark on the *336 northerly side ... |
Justice Thomas | majority | false | Rake v. Wade | 1993-06-07T00:00:00 | null | https://www.courtlistener.com/opinion/112878/rake-v-wade/ | https://www.courtlistener.com/api/rest/v3/clusters/112878/ | 1,993 | 1992-090 | 1 | 9 | 0 | This case requires us to decide whether Chapter 13 debtors who cure a default on an oversecured home mortgage *466 pursuant to § 1322(b)(5) of the Bankruptcy Code, 11 U.S. C. § 1322(b)(5), must pay postpetition interest on the arrearages. We conclude that the holder of the mortgage is entitled to such interest under §§... | This case requires us to decide whether Chapter 13 debtors who cure a default on an oversecured home mortgage *466 pursuant to 1322(b)(5) of the Bankruptcy Code, 11 U.S. C. 1322(b)(5), must pay postpetition interest on the arrearages. We conclude that the holder of the mortgage is entitled to such interest under 506(b)... |
Justice Brennan | dissenting | false | Harper & Row, Publishers, Inc. v. Nation Enterprises | 1985-05-20T00:00:00 | null | https://www.courtlistener.com/opinion/111432/harper-row-publishers-inc-v-nation-enterprises/ | https://www.courtlistener.com/api/rest/v3/clusters/111432/ | 1,985 | 1984-100 | 1 | 6 | 3 | The Court holds that The Nation's quotation of 300 words from the unpublished 200,000-word manuscript of President Gerald R. Ford infringed the copyright in that manuscript, even though the quotations related to a historical event of undoubted significance the resignation and pardon of President Richard M. Nixon. Alt... | The Court holds that The Nation's quotation of 300 words from the unpublished 200,000-word manuscript of President Gerald R. Ford infringed the copyright in that manuscript, even though the quotations related to a historical event of undoubted significance the resignation and pardon of President Richard M. Nixo Altho... |
Justice White | second_dissenting | true | Woodard v. Hutchins | 1984-01-13T00:00:00 | null | https://www.courtlistener.com/opinion/111059/woodard-v-hutchins/ | https://www.courtlistener.com/api/rest/v3/clusters/111059/ | 1,984 | 1983-019 | 1 | 5 | 4 | We would not vacate the stay because the District Court did not pass on the merits of the habeas corpus petition and the stay was entered by a Court of Appeals Judge until the District Court performs its duty and acts on the habeas petition. Until the merits of the petition are addressed below or it is there held that ... | We would not vacate the stay because the District Court did not pass on the merits of the habeas corpus petition and the stay was entered by a Court of Appeals Judge until the District Court performs its duty and acts on the habeas petition. Until the merits of the petition are addressed below or it is there held that ... |
Justice Powell | concurring | false | Havens Realty Corp. v. Coleman | 1982-02-24T00:00:00 | null | https://www.courtlistener.com/opinion/110654/havens-realty-corp-v-coleman/ | https://www.courtlistener.com/api/rest/v3/clusters/110654/ | 1,982 | 1981-047 | 2 | 9 | 0 | In claiming standing based on a deprivation of the benefits of an integrated community, the individual respondents alleged generally that they lived in the city of Richmond or in Henrico County. This is an area of roughly 269 square miles, inhabited in 1978 by about 390,000 persons. Accordingly, as the Court holds, it ... | In claiming standing based on a deprivation of the benefits of an integrated community, the individual respondents alleged generally that they lived in the city of Richmond or in Henrico County. This is an area of roughly 269 square miles, inhabited in 1978 by about 390,000 persons. Accordingly, as the Court holds, it ... |
Justice Scalia | concurring | false | California Div. of Labor Standards Enforcement v. Dillingham Constr., NA, Inc. | 1997-02-18T00:00:00 | null | https://www.courtlistener.com/opinion/118081/california-div-of-labor-standards-enforcement-v-dillingham-constr-na/ | https://www.courtlistener.com/api/rest/v3/clusters/118081/ | 1,997 | 1996-020 | 2 | 9 | 0 | Since ERISA was enacted in 1974, this Court has accepted certiorari in, and decided, no less than 14 cases to resolve conflicts in the Courts of Appeals regarding ERISA preemption of various sorts of state law.[1] The rate of acceptance, *335 moreover, has not diminished (we have taken two more ERISA pre-emption cases ... | Since ERISA was enacted in 1974, this Court has accepted certiorari in, and decided, no less than 14 cases to resolve conflicts in the Courts of Appeals regarding ERISA preemption of various sorts of state law.[1] The rate of acceptance, *335 moreover, has not diminished (we have taken two more ERISA pre-emption cases ... |
per_curiam | per_curiam | true | Doherty v. United States | 1971-11-09T00:00:00 | null | https://www.courtlistener.com/opinion/108396/doherty-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/108396/ | 1,971 | 1971-008 | 2 | 7 | 0 | Applicant Doherty was convicted in federal court of smuggling marihuana. The Court of Appeals for the Ninth Circuit affirmed. Doherty's retained counsel, who had represented him both at trial and on appeal, withdrew after the appellate decision because Doherty was without funds to pay for legal services. Without opinio... | Applicant Doherty was convicted in federal court of smuggling marihuana. The Court of Appeals for the Ninth Circuit affirmed. Doherty's retained counsel, who had represented him both at trial and on appeal, withdrew after the appellate decision because Doherty was without funds to pay for legal services. Without opinio... |
Justice Brennan | majority | false | Delaware Tribal Business Comm. v. Weeks | 1977-02-23T00:00:00 | null | https://www.courtlistener.com/opinion/109605/delaware-tribal-business-comm-v-weeks/ | https://www.courtlistener.com/api/rest/v3/clusters/109605/ | 1,977 | 1976-054 | 1 | 8 | 1 | An Act of Congress providing for distribution of funds to certain Delaware Indians, pursuant to an award by the Indian Claims Commission to redress a breach by the United States of an 1854 treaty, is challenged in this action by a group of Delawares excluded from the distribution. The question presented by this litigat... | An Act of Congress providing for distribution of funds to certain Delaware Indians, pursuant to an award by the Indian Claims Commission to redress a breach by the United States of an 18 treaty, is challenged in this action by a group of excluded from the distribution. The question presented by this litigation is wheth... |
Justice Marshall | concurring | false | Consolidated Edison Co. v. Public Serv. Comm'n | 1980-06-20T00:00:00 | null | https://www.courtlistener.com/opinion/110311/consolidated-edison-co-v-public-serv-commn/ | https://www.courtlistener.com/api/rest/v3/clusters/110311/ | 1,980 | 1979-126 | 2 | 7 | 2 | I join the Court's opinion. I write separately to emphasize that our decision today in no way address the question whether the Commission may exclude the costs of bill inserts from the rate base, nor does it intimate any view on the appropriateness of any allocation of such costs the Commission might choose to make. An... | I join the Court's opinion. I write separately to emphasize that our decision today in no way address the question whether the Commission may exclude the costs of bill inserts from the rate base, nor does it intimate any view on the appropriateness of any allocation of such costs the Commission might choose to make. An... |
Justice Scalia | dissenting | false | McKoy v. North Carolina | 1990-03-05T00:00:00 | null | https://www.courtlistener.com/opinion/112388/mckoy-v-north-carolina/ | https://www.courtlistener.com/api/rest/v3/clusters/112388/ | 1,990 | 1989-045 | 2 | 6 | 3 | Today the Court holds that the Eighth Amendment prohibits a State from structuring its capital sentencing scheme to channel jury discretion by requiring that mitigating circumstances be found unanimously. Because I believe that holding is without support in either the Eighth Amendment or our previous decisions, I disse... | Today the Court holds that the Eighth Amendment prohibits a State from structuring its capital sentencing scheme to channel jury discretion by requiring that mitigating circumstances be found unanimously. Because I believe that holding is without support in either the Eighth Amendment or our previous decisions, I disse... |
Justice Breyer | majority | false | Deck v. Missouri | 2005-05-23T00:00:00 | null | https://www.courtlistener.com/opinion/142897/deck-v-missouri/ | https://www.courtlistener.com/api/rest/v3/clusters/142897/ | 2,005 | 2004-049 | 2 | 7 | 2 | We here consider whether shackling a convicted offender during the penalty phase of a capital case violates the Federal Constitution. We hold that the Constitution forbids the use of visible shackles during the penalty phase, as it forbids their use during the guilt phase, unless that use is "justified by an essential ... | We here consider whether shackling a convicted offender during the penalty phase of a capital case violates the Federal Constitution. We hold that the Constitution forbids the use of visible shackles during the penalty phase, as it forbids their use during the guilt phase, unless that use is "justified by an essential ... |
Justice White | majority | false | Lego v. Twomey | 1972-01-12T00:00:00 | null | https://www.courtlistener.com/opinion/108429/lego-v-twomey/ | https://www.courtlistener.com/api/rest/v3/clusters/108429/ | 1,972 | 1971-039 | 1 | 4 | 3 | In 1964 this Court held that a criminal defendant who challenges the voluntariness of a confession made to officials and sought to be used against him at his trial has a due process right to a reliable determination that the confession was in fact voluntarily given and not the outcome of coercion which the Constitution... | In 1964 this Court held that a criminal defendant who challenges the voluntariness of a confession made to officials and sought to be used against him at his trial has a due process right to a reliable determination that the confession was in fact voluntarily given and not the outcome of coercion which the Constitution... |
Justice White | majority | false | Doe v. McMillan | 1973-05-29T00:00:00 | null | https://www.courtlistener.com/opinion/108802/doe-v-mcmillan/ | https://www.courtlistener.com/api/rest/v3/clusters/108802/ | 1,973 | 1972-129 | 3 | 5 | 4 | This case concerns the scope of congressional immunity under the Speech or Debate Clause of the United States Constitution, Art. I, § 6, cl. 1, as well as the reach of official immunity in the legislative context. See Barr v. Matteo, 360 U.S. 564 (1959); Tenney v. Brandhove, 341 U.S. 367 (1951).
By resolution adopted F... | This case concerns the scope of congressional immunity under the Speech or Debate Clause of the United Constitution, Art. I, 6, cl. 1, as well as the reach of official immunity in the legislative context. See ; By resolution adopted February 5, 1969, H. Res. 76, 91st Cong., 1st Sess., 115 Cong. Rec. 2784, the House of ... |
Justice Stevens | majority | false | Associated Gen. Contractors of Cal., Inc. v. Carpenters | 1983-02-22T00:00:00 | null | https://www.courtlistener.com/opinion/110831/associated-gen-contractors-of-cal-inc-v-carpenters/ | https://www.courtlistener.com/api/rest/v3/clusters/110831/ | 1,983 | 1982-027 | 1 | 8 | 1 | This case arises out of a dispute between parties to a multiemployer collective-bargaining agreement. The plaintiff unions allege that, in violation of the antitrust laws, the multiemployer association and its members coerced certain third parties, as well as some of the association's members, to enter into business re... | This case arises out of a dispute between parties to a multiemployer collective-bargaining agreement. The plaintiff unions allege that, in violation of the antitrust laws, the multiemployer association and its members coerced certain third parties, as well as some of the association's members, to enter into business re... |
Justice Kennedy | concurring | false | Wisconsin Dept. of Corrections v. Schacht | 1998-06-25T00:00:00 | null | https://www.courtlistener.com/opinion/118236/wisconsin-dept-of-corrections-v-schacht/ | https://www.courtlistener.com/api/rest/v3/clusters/118236/ | 1,998 | 1997-093 | 2 | 9 | 0 | In joining the opinion of the Court, I write to observe we have neither reached nor considered the argument that, by giving its express consent to removal of the case from state court, Wisconsin waived its Eleventh Amendment immunity. Insofar as the record shows, this issue was not raised in the proceedings below; and ... | In joining the opinion of the Court, I write to observe we have neither reached nor considered the argument that, by giving its express consent to removal of the case from state court, Wisconsin waived its Eleventh Amendment immunity. Insofar as the record shows, this issue was not raised in the proceedings below; and ... |
Justice Alito | majority | false | Burwell v. Hobby Lobby Stores, Inc. | 2014-06-30T00:00:00 | null | https://www.courtlistener.com/opinion/2681317/burwell-v-hobby-lobby-stores-inc/ | https://www.courtlistener.com/api/rest/v3/clusters/2681317/ | 2,014 | 2013-070 | 2 | 5 | 4 | We must decide in these cases whether the Religious
Freedom Restoration Act of 1993 (RFRA), 107 Stat. 1488,
42 U.S. C. §2000bb et seq., permits the United States
Department of Health and Human Services (HHS) to
demand that three closely held corporations provide
health-insurance coverage for methods of contraception
th... | We must decide in these cases whether the Religious Freedom Restoration Act of 1 (RFRA), 42 U.S. C. et seq., permits the United States Department of Health and Human Services (HHS) to demand that three closely held corporations provide health-insurance coverage for methods of contraception that violate the sincerely he... |
Justice Powell | majority | false | Central Hudson Gas & Elec. Corp. v. Public Serv. Comm'n of NY | 1980-06-20T00:00:00 | null | https://www.courtlistener.com/opinion/110312/central-hudson-gas-elec-corp-v-public-serv-commn-of-ny/ | https://www.courtlistener.com/api/rest/v3/clusters/110312/ | 1,980 | 1979-127 | 2 | 8 | 1 | The case presents the question whether a regulation of the Public Service Commission of the state of New York violates the First and Fourteenth Amendments because it completely bans promotional advertising by an electrical utility.
I
In December 1973, the Commission, appeals here, ordered electric utilities in New Yor... | The case presents the question whether a regulation of the Public Service Commission of the state of New York violates the First and Fourteenth Amendments because it completely bans promotional advertising by an electrical utility. I In December 1973, the Commission, appeals here, ordered electric utilities in New York... |
per_curiam | per_curiam | true | Durham v. United States | 1971-03-08T00:00:00 | null | https://www.courtlistener.com/opinion/108288/durham-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/108288/ | 1,971 | 1970-059 | 2 | 5 | 4 | Petitioner was convicted of having knowingly possessed a counterfeit $20 bill. After the Court of Appeals for the Ninth Circuit affirmed his conviction he filed this petition for a writ of certiorari. We are now advised that petitioner has died.
It is true that the petition for certiorari is out of time under our Rule ... | Petitioner was convicted of having knowingly possessed a counterfeit $20 bill. After the Court of Appeals for the Ninth Circuit affirmed his conviction he filed this petition for a writ of certiorari. We are now advised that petitioner has died. It is true that the petition for certiorari is out of time under our Rule ... |
Justice Stevens | majority | false | Forest Grove School Dist. v. T. A. | 2009-06-22T00:00:00 | null | https://www.courtlistener.com/opinion/145855/forest-grove-school-dist-v-t-a/ | https://www.courtlistener.com/api/rest/v3/clusters/145855/ | 2,009 | 2008-076 | 2 | 6 | 3 | The Individuals with Disabilities Education Act (IDEA
or Act), 84 Stat. 175, as amended, 20 U.S. C. §1400 et seq.,
requires States receiving federal funding to make a “free
appropriate public education” (FAPE) available to all
children with disabilities residing in the State,
§1412(a)(1)(A). We have previously held tha... | The Individuals with Disabilities Education Act (IDEA or Act), as amended, 20 U.S. C. et seq., requires States receiving federal funding to make a “free appropriate public education” (FAPE) available to all children with disabilities residing in the State, We have previously held that when a public school fails to prov... |
Justice Brennan | majority | false | Frontiero v. Richardson | 1973-05-14T00:00:00 | null | https://www.courtlistener.com/opinion/108781/frontiero-v-richardson/ | https://www.courtlistener.com/api/rest/v3/clusters/108781/ | 1,973 | 1972-113 | 2 | 8 | 1 | The question before us concerns the right of a female member of the uniformed services[1] to claim her spouse as a "dependent" for the purposes of obtaining increased quarters allowances and medical and dental benefits under 37 U.S. C. §§ 401, 403, and 10 U.S. C. §§ 1072, 1076, on an equal footing with male members. Un... | The question before us concerns the right of a female member of the uniformed services[1] to claim her spouse as a "dependent" for the purposes of obtaining increased quarters allowances and medical and dental benefits under 37 U.S. C. 401, 403, and 10 U.S. C. 1072, 1076, on an equal footing with male members. Under th... |
Justice Rehnquist | dissenting | false | Taylor v. Louisiana | 1975-01-21T00:00:00 | null | https://www.courtlistener.com/opinion/109133/taylor-v-louisiana/ | https://www.courtlistener.com/api/rest/v3/clusters/109133/ | 1,975 | 1974-025 | 2 | 8 | 1 | The Court's opinion reverses a conviction without a suggestion, much less a showing, that the appellant has been unfairly treated or prejudiced in any way by the *539 manner in which his jury was selected. In so doing, the Court invalidates a jury-selection system which it approved by a substantial majority only 13 yea... | The Court's opinion reverses a conviction without a suggestion, much less a showing, that the appellant has been unfairly treated or prejudiced in any way by the *539 manner in which his jury was selected. In so doing, the Court invalidates a jury-selection system which it approved by a substantial majority only 13 yea... |
Justice White | majority | false | Phillips Petroleum Co. v. Mississippi | 1988-05-16T00:00:00 | null | https://www.courtlistener.com/opinion/111988/phillips-petroleum-co-v-mississippi/ | https://www.courtlistener.com/api/rest/v3/clusters/111988/ | 1,988 | 1987-028 | 3 | 5 | 3 | The issue here is whether the State of Mississippi, when it entered the Union in 1817, took title to lands lying under waters that were influenced by the tide running in the Gulf of Mexico, but were not navigable in fact.
I
As the Mississippi Supreme Court eloquently put it: "Though great public interests and neither ... | The issue here is whether the State of Mississippi, when it entered the Union in 1817, took title to lands lying under waters that were influenced by the tide running in the Gulf of Mexico, but were not navigable in fact. I As the Mississippi Supreme Court eloquently put it: "Though great public interests and neither i... |
Justice Rehnquist | concurring | true | National Bank of North America v. Associates of Obstetrics & Female Surgery, Inc. | 1976-04-26T00:00:00 | null | https://www.courtlistener.com/opinion/109435/national-bank-of-north-america-v-associates-of-obstetrics-female/ | https://www.courtlistener.com/api/rest/v3/clusters/109435/ | 1,976 | 1975-083 | 1 | 9 | 0 | Charlotte Nat. Bank v. Morgan, 132 U.S. 141 (1889), recognized that the exemption of national banking associations *462 from suit in counties or cities other than those in which they were located was a personal privilege of the associations which could be waived by them. Id., at 145. This exception to the otherwise man... | Charlotte Nat. recognized that the exemption of national banking associations *462 from suit in counties or cities other than those in which they were located was a personal privilege of the associations which could be waived by them. This exception to the otherwise mandatory nature of this. venue limitation has been c... |
Justice Douglas | dissenting | false | United States v. Biswell | 1972-05-15T00:00:00 | null | https://www.courtlistener.com/opinion/108533/united-states-v-biswell/ | https://www.courtlistener.com/api/rest/v3/clusters/108533/ | 1,972 | 1971-105 | 1 | 8 | 1 | As Mr. Justice Clark, writing for the three-judge panel in the Court of Appeals for the Tenth Circuit said, the Federal Gun Control Act, 18 U.S. C. § 923 (g), has a provision for inspection that is "almost identical" with the one in Colonnade Catering Corp. v. United States, 397 U.S. 72.
The present one provides:
"The ... | As Mr. Justice Clark, writing for the three-judge panel in the Court of Appeals for the Tenth Circuit said, the Federal Gun Control Act, 18 U.S. C. 923 (g), has a provision for inspection that is "almost identical" with the one in Colonnade Catering The present one provides: "The Secretary may enter during business hou... |
per_curiam | per_curiam | true | Paschall v. Christie-Stewart, Inc. | 1974-01-07T00:00:00 | null | https://www.courtlistener.com/opinion/108884/paschall-v-christie-stewart-inc/ | https://www.courtlistener.com/api/rest/v3/clusters/108884/ | 1,974 | 1973-015 | 1 | 7 | 2 | In this case we noted probable jurisdiction, 411 U.S. 915 (1973), in order to consider whether the published notice provisions of the then-applicable Oklahoma tax-sale statutes, Okla. Stat., Tit. 68, §§ 382 and 432b (1951), comported with due process of law guaranteed by the Fourteenth Amendment.[1] See Mullane v. Cent... | In this case we noted probable jurisdiction, in order to consider whether the published notice provisions of the then-applicable Oklahoma tax-sale statutes, Okla. Stat., Tit. 68, 382 and 432b (1951), comported with due process of law guaranteed by the Fourteenth Amendment.[1] See This was the only issue addressed by th... |
Justice Kennedy | majority | false | Brown v. Plata | 2011-05-23T00:00:00 | null | https://www.courtlistener.com/opinion/217287/brown-v-plata/ | https://www.courtlistener.com/api/rest/v3/clusters/217287/ | 2,011 | null | null | null | null | This case arises from serious constitutional violations in
California’s prison system. The violations have persisted
for years. They remain uncorrected. The appeal comes to
this Court from a three-judge District Court order direct
ing California to remedy two ongoing violations of the
Cruel and Unusual Punishments Clau... | This case arises from serious constitutional violations in California’s prison system. The violations have persisted for years. They remain uncorrected. The appeal comes to this Court from a three-judge District Court order direct ing California to remedy two ongoing violations of the Cruel and Unusual Punishments Clau... |
Justice Thomas | majority | false | Dooley v. Korean Air Lines Co. | 1998-06-08T00:00:00 | null | https://www.courtlistener.com/opinion/118223/dooley-v-korean-air-lines-co/ | https://www.courtlistener.com/api/rest/v3/clusters/118223/ | 1,998 | 1997-080 | 1 | 9 | 0 | In a case of death on the high seas, the Death on the High Seas Act, 46 U.S. C. App. § 761 et seq., allows certain relatives of the decedent to sue for their pecuniary losses, but does not authorize recovery for the decedent's pre-death pain and suffering. This case presents the question whether those relatives may nev... | In a case of death on the high seas, the Death on the High Seas Act, 46 U.S. C. App. 76 et seq., allows certain relatives of the decedent to sue for their pecuniary losses, but does not authorize recovery for the decedent's pre-death pain and suffering. This case presents the question whether those relatives may nevert... |
Justice Powell | dissenting | false | Reeves, Inc. v. Stake | 1980-06-19T00:00:00 | null | https://www.courtlistener.com/opinion/110308/reeves-inc-v-stake/ | https://www.courtlistener.com/api/rest/v3/clusters/110308/ | 1,980 | 1979-123 | 1 | 5 | 4 | The South Dakota Cement Commission has ordered that in times of shortage the state cement plant must turn away out-of-state customers until all orders from South Dakotans are filled. This policy represents precisely the kind of economic protectionism that the Commerce Clause was intended to prevent.[1] The Court, howev... | The South Dakota Cement Commission has ordered that in times of shortage the state cement plant must turn away out-of-state customers until all orders from South Dakotans are filled. This policy represents precisely the kind of economic protectionism that the Commerce Clause was intended to prevent.[1] The Court, howev... |
Justice Scalia | majority | false | Comcast Corp. v. Behrend | 2013-03-27T00:00:00 | null | https://www.courtlistener.com/opinion/856346/comcast-corp-v-behrend/ | https://www.courtlistener.com/api/rest/v3/clusters/856346/ | 2,013 | 2012-031 | 1 | 5 | 4 | The District Court and the Court of Appeals approved
certification of a class of more than 2 million current
and former Comcast subscribers who seek damages for al-
leged violations of the federal antitrust laws. We consider
whether certification was appropriate under Federal Rule
of Civil Procedure 23(b)(3).
... | The District Court the Court of Appeals approved certification of a class of more than 2 million current former Comcast subscribers who seek damages for al- leged violations of the federal antitrust laws. We consider whether certification was appropriate under Federal Rule of Civil Procedure 23(b)(3). I Comcast Corpora... |
Justice Brennan | majority | false | United States v. Tax Comm'n of Miss. | 1975-06-02T00:00:00 | null | https://www.courtlistener.com/opinion/109261/united-states-v-tax-commn-of-miss/ | https://www.courtlistener.com/api/rest/v3/clusters/109261/ | 1,975 | 1974-108 | 2 | 7 | 2 | Regulation 25 of the Mississippi State Tax Commission requires out-of-state liquor distillers and suppliers to collect from military installations within Mississippi, and remit to the Commission, a tax in the form of a wholesale markup of 17% to 20% on liquor sold to the installations.[1] The United States has four mil... | Regulation 25 of the Mississippi State Tax Commission requires out-of-state liquor distillers and suppliers to collect from military installations within Mississippi, and remit to the Commission, a tax in the form of a wholesale markup of 17% to 20% on liquor sold to the installations.[1] The United States has four mil... |
Justice Brennan | dissenting | false | Fisher v. Berkeley | 1986-04-28T00:00:00 | null | https://www.courtlistener.com/opinion/111607/fisher-v-berkeley/ | https://www.courtlistener.com/api/rest/v3/clusters/111607/ | 1,986 | 1985-044 | 1 | 8 | 1 | Since Parker v. Brown, 317 U.S. 341 (1943), the Court has wrestled with the question of the degree to which federal antitrust laws prohibit state and local governments from imposing anticompetitive restraints on trade. Laws which impose such restraints have been held to be exempt from antitrust scrutiny if they constit... | Since the Court has wrestled with the question of the degree to which federal antitrust laws prohibit state and local governments from imposing anticompetitive restraints on trade. Laws which impose such restraints have been held to be exempt from antitrust scrutiny if they constitute action of the State itself in its ... |
Justice Stevens | majority | false | Cotton Petroleum Corp. v. New Mexico | 1989-04-25T00:00:00 | null | https://www.courtlistener.com/opinion/112249/cotton-petroleum-corp-v-new-mexico/ | https://www.courtlistener.com/api/rest/v3/clusters/112249/ | 1,989 | 1988-076 | 1 | 6 | 3 | This case is a sequel to Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982), in which we held that the Jicarilla Apache Tribe (Tribe) has the power to impose a severance tax on the production of oil and gas by non-Indian lessees of wells located on the Tribe's reservation. We must now decide whether the State of Ne... | This case is a sequel to in which we held that the Jicarilla Apache Tribe (Tribe) has the power to impose a severance tax on the production of oil and gas by non-Indian lessees of wells located on the Tribe's reservation. We must now decide whether the State of New Mexico can continue to impose its severance taxes on t... |
Justice Marshall | dissenting | false | Trans World Airlines, Inc. v. Hardison | 1977-06-16T00:00:00 | null | https://www.courtlistener.com/opinion/109692/trans-world-airlines-inc-v-hardison/ | https://www.courtlistener.com/api/rest/v3/clusters/109692/ | 1,977 | 1976-138 | 1 | 7 | 2 | One of the most intractable problems arising under Title VII of the Civil Rights Act of 1964, 42 U.S. C. § 2000e et seq., has been whether an employer is guilty of religious discrimination when he discharges an employee (or refuses to hire a job applicant) because of the employee's religious practices. Particularly tro... | One of the most intractable problems arising under Title VII of the Civil Rights Act of 1964, 42 U.S. C. 2000e et seq., has been whether an employer is guilty of religious discrimination when he discharges an employee (or refuses to hire a job applicant) because of the employee's religious practices. Particularly troub... |
per_curiam | per_curiam | true | Califano v. Torres | 1978-02-27T00:00:00 | null | https://www.courtlistener.com/opinion/109805/califano-v-torres/ | https://www.courtlistener.com/api/rest/v3/clusters/109805/ | 1,978 | 1977-040 | 1 | 7 | 2 | Certain benefits under the Social Security Act, as amended in 1972, are payable only to residents of the United States, defined as the 50 States and the District of Columbia. The District Court for the District of Puerto Rico held in these *2 cases that this geographic limitation is unconstitutional as applied to perso... | Certain benefits under the Social Security Act, as amended in 1972, are payable only to residents of the United States, defined as the 50 States and the District of Columbia. The District Court for the District of Puerto Rico held in these *2 cases that this geographic limitation is unconstitutional as applied to perso... |
Justice Thomas | majority | false | Walden v. Fiore | 2014-02-25T00:00:00 | null | https://www.courtlistener.com/opinion/2654532/walden-v-fiore/ | https://www.courtlistener.com/api/rest/v3/clusters/2654532/ | 2,014 | 2013-021 | 2 | 9 | 0 | This case asks us to decide whether a court in Nevada
may exercise personal jurisdiction over a defendant on the
basis that he knew his allegedly tortious conduct in Geor-
gia would delay the return of funds to plaintiffs with
connections to Nevada. Because the defendant had no
other contacts with Nevada, and because a... | This case asks us to decide whether a court in Nevada may exercise personal jurisdiction over a defendant on the basis that he knew his allegedly tortious conduct in Geor- gia would delay the return of funds to plaintiffs with connections to Nevada. Because the defendant had no other contacts with Nevada, and because a... |
Justice Blackmun | majority | false | Sorenson v. Secretary of Treasury | 1986-04-22T00:00:00 | null | https://www.courtlistener.com/opinion/111634/sorenson-v-secretary-of-treasury/ | https://www.courtlistener.com/api/rest/v3/clusters/111634/ | 1,986 | 1985-071 | 2 | 8 | 1 | The Internal Revenue Code and the Social Security Act direct the Secretary of the Treasury to "intercept" certain *853 tax refunds payable to persons who have failed to meet child-support obligations. In this case, the United States Court of Appeals for the Ninth Circuit ruled that payments involving earned-income cred... | The Internal Revenue Code and the Social Security Act direct the Secretary of the Treasury to "intercept" certain *853 tax refunds payable to persons who have failed to meet child-support obligations. In this case, the United States Court of Appeals for the Ninth Circuit ruled that payments involving earned-income cred... |
Justice Burger | majority | false | Pinkus v. United States | 1978-05-23T00:00:00 | null | https://www.courtlistener.com/opinion/109865/pinkus-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/109865/ | 1,978 | 1977-087 | 2 | 8 | 1 | We granted certiorari in this case to decide whether the court's instructions in a trial for mailing obscene materials prior to 1973, and therefore tried under the Roth-Memoirs standards, could properly include children and sensitive persons within the definition of the community by whose standards obscenity is to be j... | We granted certiorari in this case to decide whether the court's instructions in a trial for mailing obscene materials prior to 3, and therefore tried under the -Memoirs standards, could properly include children and sensitive persons within the definition of the community by whose standards obscenity is to be judged. ... |
Justice Powell | majority | false | Pennzoil Co. v. Texaco Inc. | 1987-04-06T00:00:00 | null | https://www.courtlistener.com/opinion/111856/pennzoil-co-v-texaco-inc/ | https://www.courtlistener.com/api/rest/v3/clusters/111856/ | 1,987 | 1986-065 | 1 | 9 | 0 | The principal issue in this case is whether a federal district court lawfully may enjoin a plaintiff who has prevailed in a trial in state court from executing the judgment in its favor pending appeal of that judgment to a state appellate court.
*4 I
Getty Oil Co. and appellant Pennzoil Co. negotiated an agreement un... | The principal issue in this case is whether a federal district court lawfully may enjoin a plaintiff who has prevailed in a trial in state court from executing the judgment in its favor pending appeal of that judgment to a state appellate court. *4 I Getty Oil Co. and appellant Pennzoil Co. negotiated an agreement unde... |
Justice Ginsburg | dissenting | false | United States v. Tohono O’odham Nation | 2011-04-26T00:00:00 | null | https://www.courtlistener.com/opinion/215412/united-states-v-tohono-oodham-nation/ | https://www.courtlistener.com/api/rest/v3/clusters/215412/ | 2,011 | 2010-041 | 1 | 7 | 1 | I dissent from the Court’s immoderate reading of 28
U.S. C. §1500 and would affirm the Federal Circuit’s
judgment.
According to the Court, the Court of Federal Claims
(CFC) lacks subject-matter jurisdiction over the Tohono
O’odham Nation’s (Nation) claim because the Tribe was
simultaneously pursuing in the D. C. Dis... | I dissent from the Court’s immoderate reading of 28 U.S. C. and would affirm the Federal Circuit’s judgment. According to the Court, the Court of Federal Claims (CFC) lacks subject-matter jurisdiction over the Tohono O’odham Nation’s (Nation) claim because the Tribe was simultaneously pursuing in the D. C. District Cou... |
Justice Ginsburg | majority | false | Amchem Products, Inc. v. Windsor | 1997-06-25T00:00:00 | null | https://www.courtlistener.com/opinion/118142/amchem-products-inc-v-windsor/ | https://www.courtlistener.com/api/rest/v3/clusters/118142/ | 1,997 | 1996-089 | 1 | 6 | 2 | This case concerns the legitimacy under Rule 23 of the Federal Rules of Civil Procedure of a class-action certification sought to achieve global settlement of current and future asbestos-related claims. The class proposed for certification potentially encompasses hundreds of thousands, perhaps millions, of individuals ... | This concerns the legitimacy under Rule 23 of the Federal Rules of Civil Procedure of a class-action certification sought to achieve global settlement of current and future asbestos-related claims. The class proposed for certification potentially encompasses hundreds of thousands, perhaps millions, of individuals tied ... |
Justice Alito | majority | false | BP America Production Co. v. Burton | 2006-12-11T00:00:00 | null | https://www.courtlistener.com/opinion/145769/bp-america-production-co-v-burton/ | https://www.courtlistener.com/api/rest/v3/clusters/145769/ | 2,006 | 2006-006 | 2 | 7 | 0 | This case presents the question whether administrative payment orders issued by the Department of the Interior's Minerals Management Service (MMS) for the purpose of assessing royalty underpayments on oil and gas leases fall within 28 U.S.C. § 2415(a), which sets out a 6-year statute of limitations for Government contr... | This case presents the question whether administrative payment orders issued by the Department of the Interior's Minerals Management Service (MMS) for the purpose of assessing royalty underpayments on oil and gas leases fall within (a), which sets out a 6-year statute of limitations for Government contract actions. We ... |
Justice Blackmun | majority | false | Manson v. Brathwaite | 1977-06-16T00:00:00 | null | https://www.courtlistener.com/opinion/109693/manson-v-brathwaite/ | https://www.courtlistener.com/api/rest/v3/clusters/109693/ | 1,977 | 1976-139 | 1 | 7 | 2 | This case presents the issue as to whether the Due Process Clause of the Fourteenth Amendment compels the exclusion, in a state criminal trial, apart from any consideration of reliability, of pretrial identification evidence obtained by a police procedure that was both suggestive and unnecessary. This Court's decisions... | This case presents the issue as to whether the Due Process Clause of the Fourteenth Amendment compels the exclusion, in a state criminal trial, apart from any consideration of reliability, of pretrial identification evidence obtained by a police procedure that was both suggestive and unnecessary. This Court's decisions... |
Justice Alito | majority | false | Water Splash, Inc. v. Menon | 2017-05-22T00:00:00 | null | https://www.courtlistener.com/opinion/4393430/water-splash-inc-v-menon/ | https://www.courtlistener.com/api/rest/v3/clusters/4393430/ | 2,017 | 2016-056 | 2 | 8 | 0 | This case concerns the scope of the Convention on the
Service Abroad of Judicial and Extrajudicial Documents in
Civil and Commercial Matters, Nov. 15, 1965 (Hague
Service Convention), 20 U. S. T. 361, T. I. A. S. No. 6638.
The purpose of that multilateral treaty is to simplify,
standardize, and generally improve the pr... | This case concerns the scope of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, Nov. 15, 1965 (Hague Service Convention), 20 U. S. T. 361, T. I. A. S. No. 6638. The purpose of that multilateral treaty is to simplify, standardize, and generally improve the pr... |
Justice Thomas | majority | false | Olympic Airways v. Husain | 2004-02-24T00:00:00 | null | https://www.courtlistener.com/opinion/131164/olympic-airways-v-husain/ | https://www.courtlistener.com/api/rest/v3/clusters/131164/ | 2,004 | 2003-033 | 2 | 6 | 2 | Article 17 of the Warsaw Convention (Convention)[1] imposes liability on an air carrier for a passenger's death or bodily injury caused by an "accident" that occurred in connection with an international flight. In Air France v. Saks, 470 U.S. 392 (1985), the Court explained that the term "accident" in the Convention re... | Article 17 of the Warsaw Convention (Convention)[1] imposes liability on an air carrier for a passenger's or bodily injury caused by an "accident" that occurred in connection with an international flight. In Air the Court explained that the term "accident" in the Convention refers to an "unexpected or unusual event or ... |
Justice O'Connor | dissenting | false | 324 Liquor Corp. v. Duffy | 1987-01-13T00:00:00 | null | https://www.courtlistener.com/opinion/111786/324-liquor-corp-v-duffy/ | https://www.courtlistener.com/api/rest/v3/clusters/111786/ | 1,987 | 1986-019 | 2 | 7 | 2 | Immediately after the ratification of the Twenty-first Amendment, this Court recognized that the broad language of § 2 of the Amendment conferred plenary power on the States to regulate the liquor trade within their boundaries. Ziffrin, Inc. v. Reeves, 308 U.S. 132 (1939); Finch & Co. v. McKittrick, 305 U.S. 395 (1939)... | Immediately after the ratification of the Twenty-first Amendment, this Court recognized that the broad language of 2 of the Amendment conferred plenary power on the States to regulate the liquor trade within their boundaries. Ziffrin, ; Finch & ; Indianapolis Brewing ; State Board of As JUSTICE STEVENS recently observe... |
Justice Burger | majority | false | Trammel v. United States | 1980-02-27T00:00:00 | null | https://www.courtlistener.com/opinion/110212/trammel-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/110212/ | 1,980 | 1979-044 | 1 | 9 | 0 | We granted certiorari to consider whether an accused may invoke the privilege against adverse spousal testimony so as *42 to exclude the voluntary testimony of his wife. 440 U.S. 934 (1979). This calls for a re-examination of Hawkins v. United States, 358 U.S. 74 (1958).
I
On March 10, 1976, petitioner Otis Trammel wa... | We granted certiorari to consider whether an accused may invoke the privilege against adverse spousal testimony so as *42 to exclude the voluntary testimony of his wife. This calls for a re-examination of I On March 10, 1976, petitioner Otis Trammel was indicted with two others, Edwin Lee Roberts and Joseph Freeman, fo... |
Justice Alito | second_dissenting | false | Campbell-Ewald v. Gomez | 2016-02-09T00:00:00 | null | https://www.courtlistener.com/opinion/3177215/campbell-ewald-v-gomez/ | https://www.courtlistener.com/api/rest/v3/clusters/3177215/ | 2,016 | null | null | null | null | I join THE CHIEF JUSTICE’s dissent. I agree that a de-
fendant may extinguish a plaintiff ’s personal stake in
pursuing a claim by offering complete relief on the claim,
even if the plaintiff spurns the offer. Our Article III prec-
edents make clear that, for mootness purposes, there is
nothing talismanic about the pla... | I join THE CHIEF JUSTICE’s dissent. I agree that a de- fendant may extinguish a plaintiff ’s personal stake in pursuing a claim by offering complete relief on the claim, even if the plaintiff spurns the offer. Our Article III prec- edents make clear that, for mootness purposes, there is nothing talismanic about the pla... |
per_curiam | per_curiam | true | Texas v. Louisiana | 1976-06-14T00:00:00 | null | https://www.courtlistener.com/opinion/109482/texas-v-louisiana/ | https://www.courtlistener.com/api/rest/v3/clusters/109482/ | 1,976 | 1975-126 | 3 | 9 | 0 | We have already decided that the relevant boundary between the States of Texas and Louisiana is the geographic *466 middle of Sabine Pass, Sabine Lake, and Sabine River from the mouth of the Sabine in the Gulf of Mexico to the thirty-second degree of north latitude. 410 U.S. 702 (1973). We have also held that all islan... | We have already decided that the relevant boundary between the States of Texas and Louisiana is the geographic *466 middle of Sabine Pass, Sabine Lake, and Sabine River from the mouth of the Sabine in the Gulf of Mexico to the thirty-second degree of north latitude. We have also held that all islands in the east half o... |
Justice Rehnquist | dissenting | false | Blackledge v. Perry | 1974-05-20T00:00:00 | null | https://www.courtlistener.com/opinion/109042/blackledge-v-perry/ | https://www.courtlistener.com/api/rest/v3/clusters/109042/ | 1,974 | 1973-114 | 2 | 7 | 2 | I would find it more difficult than the Court apparently does in Part I of its opinion to conclude that the very bringing of more serious charges against respondent following his request for a trial de novo violated due process as defined in North Carolina v. Pearce, 395 U.S. 711 (1969). Still more importantly, I belie... | I would find it more difficult than the Court apparently does in Part I of its opinion to conclude that the very bringing of more serious charges against respondent following his request for a trial de novo violated due process as defined in North Still more importantly, I believe the Court's conclusion that respondent... |
Justice Stevens | second_dissenting | false | Patterson v. Illinois | 1988-06-24T00:00:00 | null | https://www.courtlistener.com/opinion/112127/patterson-v-illinois/ | https://www.courtlistener.com/api/rest/v3/clusters/112127/ | 1,988 | 1987-137 | 1 | 5 | 4 | The Court should not condone unethical forms of trial preparation by prosecutors or their investigators. In civil litigation it is improper for a lawyer to communicate with his or her adversary's client without either notice to opposing counsel or the permission of the court.[1] An attempt to obtain evidence for use at... | The Court should not condone unethical forms of trial preparation by prosecutors or their investigators. In civil litigation it is improper for a lawyer to communicate with his or her adversary's client without either notice to opposing counsel or the permission of the court.[1] An attempt to obtain evidence for use at... |
Justice Kennedy | dissenting | false | Lewis v. United States | 1998-03-09T00:00:00 | null | https://www.courtlistener.com/opinion/118183/lewis-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/118183/ | 1,998 | 1997-040 | 2 | 8 | 1 | As the majority recognizes, the touchstone for interpreting the Assimilative Crimes Act (ACA) is the intent of Congress. Ante, at 166. One of Congress' purposes in enacting the ACA was to fill gaps in federal criminal law. Ante, at 160. The majority fails to weigh, however, a second, countervailing policy behind the AC... | As the majority recognizes, the touchstone for interpreting the Assimilative Crimes Act (ACA) is the intent of Congress. Ante, at 166. One of Congress' purposes in enacting the ACA was to fill gaps in federal criminal law. Ante, at 160. The majority fails to weigh, however, a second, countervailing policy behind the AC... |
Justice Marshall | concurring | false | PruneYard Shopping Center v. Robins | 1980-06-09T00:00:00 | null | https://www.courtlistener.com/opinion/110292/pruneyard-shopping-center-v-robins/ | https://www.courtlistener.com/api/rest/v3/clusters/110292/ | 1,980 | 1979-107 | 2 | 9 | 0 | I join the opinion of the Court, but write separately to make a few additional points.
I
In Food Employees v. Logan Valley Plaza, 391 U.S. 308 (1968), this Court held that the First and Fourteenth Amendments prevented a state court from relying on its law of trespass to enjoin the peaceful picketing of a business ente... | I join the opinion of the Court, but write separately to make a few additional points. I In Food this Court held that the First and Fourteenth Amendments prevented a state court from relying on its law of trespass to enjoin the peaceful picketing of a business enterprise located within a shopping center. The Court conc... |
Justice Blackmun | majority | false | Huddleston v. United States | 1974-03-26T00:00:00 | null | https://www.courtlistener.com/opinion/108996/huddleston-v-united-states/ | https://www.courtlistener.com/api/rest/v3/clusters/108996/ | 1,974 | 1973-083 | 1 | 8 | 1 | This case presents the issue whether 18 U.S. C. § 922 (a) (6),[1] declaring that it is unlawful knowingly to make a false statement "in connection with the acquisition . . . of any firearm . . . from a . . . licensed dealer," covers the redemption of a firearm from a pawnshop.
I
On October 6, 1971, petitioner, William... | This case presents the issue whether 18 U.S. C. 922 (6),[1] declaring that it is unlawful knowingly to make a false statement "in connection with the acquisition of any firearm from a licensed dealer," covers the redemption of a firearm from a pawnshop. I On October 6, petitioner, William C. Huddleston, Jr., pawned his... |
Justice Ginsburg | majority | false | City of Edmonds v. Oxford House, Inc. | 1995-05-15T00:00:00 | null | https://www.courtlistener.com/opinion/117932/city-of-edmonds-v-oxford-house-inc/ | https://www.courtlistener.com/api/rest/v3/clusters/117932/ | 1,995 | 1994-056 | 2 | 6 | 3 | The Fair Housing Act (FHA or Act) prohibits discrimination in housing against, inter alios, persons with handicaps.[1] Section 807(b)(1) of the Act entirely exempts from the FHA's compass "any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." 42 ... | The Fair Housing Act (FHA or Act) prohibits discrimination in housing against, inter alios, persons with handicaps.[1] Section 807(b)(1) of the Act entirely exempts from the FHA's compass "any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling." 42 ... |
Justice Rehnquist | dissenting | false | Department of Agriculture v. Moreno | 1973-06-25T00:00:00 | null | https://www.courtlistener.com/opinion/108856/department-of-agriculture-v-moreno/ | https://www.courtlistener.com/api/rest/v3/clusters/108856/ | 1,973 | 1972-176 | 2 | 7 | 2 | For much the same reasons as those stated in my dissenting opinion in United States Department of Agriculture v. Murry, ante, p. 522, I am unable to agree with the Court's disposition of this case. Here appellees challenged a provision in the Federal Food Stamp Act, 7 U.S. C. § 2011 et seq., which limited food stamps t... | For much the same reasons as those stated in my dissenting opinion in United States Department of Agriculture v. Murry, ante, p. 522, I am unable to agree with the Court's disposition of this case. Here appellees challenged a provision in the Federal Food Stamp Act, 7 U.S. C. 2011 et seq., which limited food stamps to ... |
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