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Justice Black | 1,971 | 21 | dissenting | Rogers v. Bellei | https://www.courtlistener.com/opinion/108307/rogers-v-bellei/ | Less than four years ago this Court held that "the Fourteenth Amendment was designed to, and does, protect every citizen of this Nation against a congressional forcible destruction of his citizenship, whatever his creed, color, or race Our holding does no more than to give to this citizen that which is his own, a const... |
Justice Black | 1,971 | 21 | dissenting | Rogers v. Bellei | https://www.courtlistener.com/opinion/108307/rogers-v-bellei/ | In my view, the decision in Afroyim, therefore, requires the Court to hold here that Bellei has been unconstitutionally deprived by 301 (b) of the Immigration and Nationality Act of 1952[2] of his right to be an American citizen Since 301 (b) does not take into account in any way whether the citizen intends or desires ... |
Justice Black | 1,971 | 21 | dissenting | Rogers v. Bellei | https://www.courtlistener.com/opinion/108307/rogers-v-bellei/ | revocation at the will of Congress The Court rejected such narrow, restrictive, and super-technical interpretations of the Citizenship Clause when it held in Afroyim that that Clause "was designed to, and does, protect every citizen of this Nation " 387 US, at Afroyim's broad interpretation of the scope of the Citizens... |
Justice Black | 1,971 | 21 | dissenting | Rogers v. Bellei | https://www.courtlistener.com/opinion/108307/rogers-v-bellei/ | States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory; or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by ... |
Justice Black | 1,971 | 21 | dissenting | Rogers v. Bellei | https://www.courtlistener.com/opinion/108307/rogers-v-bellei/ | majority and dissenting Justices appear to have agreed on the basic proposition that the scope of the Citizenship Clause, whatever its effect, did reach all citizens The opinion of the Court in Afroyim described the Citizenship Clause as "calculated completely to control the status of citizenship" 387 US, at 262 And th... |
Justice Black | 1,971 | 21 | dissenting | Rogers v. Bellei | https://www.courtlistener.com/opinion/108307/rogers-v-bellei/ | privileges of American citizenship, including the right to keep his citizenship until he voluntarily renounces or relinquishes it The Court today puts aside the Fourteenth Amendment as a standard by which to measure congressional action with respect to citizenship, and substitutes in its place the majority's own vague ... |
Justice Scalia | 1,987 | 9 | second_dissenting | American Trucking Assns., Inc. v. Scheiner | https://www.courtlistener.com/opinion/111942/american-trucking-assns-inc-v-scheiner/ | I agree with the Court that the "internal consistency" test it adopts requires invalidation of the Pennsylvania axle tax and marker fee as it would any unapportioned flat tax involving *304 multistate activities. For the reasons given in my dissent in Tyler Pipe Industries, Inc. v. Washington Dept. of Revenue, ante, ... |
Justice Scalia | 1,987 | 9 | second_dissenting | American Trucking Assns., Inc. v. Scheiner | https://www.courtlistener.com/opinion/111942/american-trucking-assns-inc-v-scheiner/ | that precisely compensated for the additional revenues to be derived from the increased axle fees? Or what if Pennsylvania had enacted the axle tax without reducing registration fees, and then one year later made a corresponding reduction in truck registration fees? This case, of course, is more difficult than those ex... |
Justice Marshall | 1,980 | 15 | dissenting | Strycker's Bay Neighborhood Council, Inc. v. Karlen | https://www.courtlistener.com/opinion/110165/stryckers-bay-neighborhood-council-inc-v-karlen/ | The issue raised by these cases is far more difficult than the per curiam opinion suggests. The Court of Appeals held that the Secretary of Housing and Urban Development (HUD) had acted arbitrarily in concluding that prevention of a delay in the construction process justified the selection of a housing site which could... |
Justice Marshall | 1,980 | 15 | dissenting | Strycker's Bay Neighborhood Council, Inc. v. Karlen | https://www.courtlistener.com/opinion/110165/stryckers-bay-neighborhood-council-inc-v-karlen/ | that of the agency as to the environmental consequences of its actions," ib for HUD in its *230 Special Environmental Clearance Report acknowledged the adverse environmental consequences of its proposed action: "the choice of Site 30 for development as a 100 percent low-income project has raised valid questions about t... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | The opinion in San Diego Building Trades set forth a general standard for determining when state proceedings or regulations are pre-empted by the provisions of the National Labor Relations Act (NLRA or Act), see 29 U.S. C. 151 et seq. (1982 ed. and Supp. II): Subject to exception only in limited circumstances, "[w]hen ... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | only if they were determined not to be supervisors under the Act and that he did *383 not know whether or not they would be considered supervisors.[1] Holland further testified that he had submitted this issue to the Union's lawyers and had not received a definitive opinion from them by the time of the meeting. The mee... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | the context of a labor-related dispute that is pre-empted. Rather, it is the state court's exercise of that power that is subject to preemption." The court's view was that as a state court of general jurisdiction the Circuit Court had had subject-matter jurisdiction over this ordinary tort claim for damages. As a wai... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | state court of general jurisdiction, had subject-matter jurisdiction over the simple tort claim of misrepresentation, there could be no pre-emption of that court's actual jurisdiction. Only the exercise of that jurisdiction could be pre-empted. This explanation has a certain logic to it; but the point is not whether st... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | particular procedure for investigation, complaint and notice, and hearing and decision, including judicial relief pending a final administrative order. Congress evidently considered that centralized administration of specially designed procedures was necessary to obtain uniform application of its substantive rules and ... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | discussion of the procedural context in which the case arose. The state court had awarded a temporary injunction only, and a permanent order had not yet been issued. We rejected, however, the argument that the judgment was not yet final for purposes of our own jurisdiction: "[W]e believe our power to review this case r... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | touches or concerns in any way the complex interrelationships between employees, employers, and unions; obviously, much of this is left to the States." Lockridge, Specifically, Davis points to 's own recognition that some controversies that are arguably subject to 7 or 8 are not pre-empted: "[D]ue regard for the presup... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | substance. It is not satisfied by a conclusory assertion of pre-emption and would therefore not be satisfied in this case by a claim, *395 without more, that Davis was an employee rather than a supervisor. If the word "arguably" is to mean anything, it must mean that the party claiming pre-emption is required to demons... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | supervisor as those terms are defined in 2(1) and (11) of the Act, 29 U.S. C. 152(1) and (11).[13] It points to no evidence in the record indicating that Davis was not a supervisor. It does not argue that Davis' job was different from Trione's or that the Regional Director was wrong in finding that Trione was a supervi... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | prohibited may the court entertain the litigation. Nothing in suggests that an arguable case for pre-emption is made out simply because the Board has not decided the general issue one way or the other. Hanna Mining also does nothing for the Union's submission. The Court there, relying on held that there was no pre-empt... |
Justice White | 1,986 | 6 | majority | Longshoremen v. Davis | https://www.courtlistener.com/opinion/111673/longshoremen-v-davis/ | not a supervisor, let alone point to any evidence to support such a claim.[14] In sum, the Union has not met its burden of showing that the conduct here was arguably subject to the Act. IV We hold that where state law is pre-empted by the NLRA under and our subsequent cases, the state courts lack the very power to adju... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | A Minnesota statute, the Private Pension Benefits Protection Act, Minn. Stat. 181B.01 et seq. (Pension Act), passed in April 1974, established minimum standards for the funding and vesting of employee pensions. The question in this case is whether this statute, which since January 1, 1975, has been pre-empted by the fe... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | terminate the Pension Plan on May 1, 1974.[5] A few weeks before, however, the Pension Act had been enacted. This statute imposed "a pension funding charge" directly against any employer who ceased to operate a place of employment or a pension plan. This charge would be sufficient to insure that all employees with 10 o... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | purported to override the terms of the existing pension plan, arrived at through collective bargaining, in at least three ways: It granted employees vested rights not available under the pension plan; to the extent of any deficiency in the pension fund, it required payment from the general assets of the employer, while... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | considered to be subjects that Congress had committed for determination to the collective-bargaining process. There is little doubt that under the federal statutes governing labor-management relations, an employer must bargain about wages, hours, and working conditions and that pension benefits are proper subjects of c... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | for the millions of working men and women who are the beneficiaries."[8] In the next four years, through hearings, studies, and investigations, a Senate Subcommittee canvassed the problems of the nearly unregulated pension field and possible solutions to them. Although Congress turned up extensive evidence of kickbacks... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | The message from the President which had prompted the original inquiry had focused on the need to protect workers "covered by collective bargaining agreements." The problems that Congress had identified were characteristic of bargained-for plans as well as of others. The Reports of both the Senate and House Committees ... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | any liability of the company in the event of termination. *510 [10] The Senate Report also showed an awareness of the problems posed by vesting requirements[11] and expressed concern that "employees whose rights do not mature within such contract period must rely upon the expectation that their union will be able to re... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | their trust. Rather, it inaugurates a new social policy of accountability. "This policy could very well lead to the establishment of mandatory standards by which these plans must be governed." It is also clear that Congress contemplated that the primary responsibility for developing such "mandatory standards" would lie... |
Justice White | 1,978 | 6 | majority | Malone v. White Motor Corp. | https://www.courtlistener.com/opinion/109826/malone-v-white-motor-corp/ | provide to the problems of wages and working conditions." The opinion nevertheless recognizes exceptions to this general rule. One of them, necessarily anticipated, was the situation where it is evident that Congress intends a different result: "The solution worked out by the parties was not one of a sort which Congres... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | This case presents the question whether a common carrier's violation of credit regulations issued by the Interstate Commerce Commission (ICC) bars the carrier's collection of a lawful freight charge from a shipper-consignor who, under the terms of the shipment's bill of lading, is primarily liable for the charge. I Pet... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | for $3,283. and thus was $900 short.[3] On May 20, SP issued freight bills in the correct amounts to Carco. The two checks were dishonored by Carco's bank for insufficient funds. In August after efforts to collect the unpaid freight charges from Carco had proved fruitless, SP filed suit against Carco in a California st... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | App. 24. Accordingly, judgment was entered for Metals. *341 The United States Court of Appeals for the Fifth Circuit affirmed that judgment. Like the District Court, the Court of Appeals acknowledged that in the absence of a valid defense, Metals must be held liable to SP for the freight charges. The court felt, howeve... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | F. R. 31 I. C. C. 710, 712 (197). Clearly, then, under the contract between Metals as consignor and SP as the carrier, the consignor was primarily liable for the freight charges in question. Just as clearly, however, Metals was in a position to effectuate its release from liability by executing the nonrecourse clause i... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | no effect on [a consignor's] responsibility for payment of undercharges." C-G-F Grain v. Atchison, T. & S. F. R. 31 I. C. C., at 712. Although 3(2) "prohibits a rail carrier from delivering freight without collecting all charges thereon[,] it contains no provision shielding a consignor from liability for lawful charges... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | capital structure of common carriers. See, e. g., Western Maryland R. 9 W. Va. 73, 123 S.E. 72, 7 ; Chicago Junction R. 11 Minn. 4, 49, 2 (192); East Texas Motor Freight 184 S.W.2d 0, 07 Despite the absence of any textual or historical support for an affirmative defense in either the statute or the regulations, the Cou... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | itself from freight charge liability. In this case, of course, the defendant-consignor could have protected itself completely *348 simply by signing the nonrecourse clause in the bills of lading. C. Finally, public policy concerns disfavor judicial implication of affirmative defenses based on carrier violations of the ... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | extending credit where the operation of this rather difficult statute is in doubt." Bruce's Juices, 73 Ironically, those shippers who pay their bills currently in a responsible manner would suffer as a result. Metals argues that a ruling for SP places SP "in the unrealistic position of being incapable of doing any wron... |
Justice Blackmun | 1,982 | 11 | majority | Southern Pacific Transp. Co. v. Commercial Metals Co. | https://www.courtlistener.com/opinion/110700/southern-pacific-transp-co-v-commercial-metals-co/ | Pacific 11 A.2d 70 (19). To be sure, these cases speak in equity terms. But none of these cases turned solely on a carrier's violation of credit regulations. Each and all of them involved a carrier's misrepresentation, such as a false assertion of prepayment on the bill of lading, upon which a consignee detrimentally r... |
Justice Marshall | 1,985 | 15 | majority | United States v. Miller | https://www.courtlistener.com/opinion/111404/united-states-v-miller/ | The issue presented is whether the Fifth Amendment's grand jury guarantee[1] is violated when a defendant is tried under an indictment that alleges a certain fraudulent scheme but is convicted based on trial proof that supports only a significantly narrower and more limited, though included, fraudulent scheme. A grand ... |
Justice Marshall | 1,985 | 15 | majority | United States v. Miller | https://www.courtlistener.com/opinion/111404/united-states-v-miller/ | could be returned based on the overall scheme involving a use of the mail caused by Miller's knowing consent to the burglary." -1363. B Miller's indictment properly alleged violations of 18 U.S. C. 1341, and it fully and clearly set forth a number of ways in which the acts alleged constituted violations. The facts prov... |
Justice Marshall | 1,985 | 15 | majority | United States v. Miller | https://www.courtlistener.com/opinion/111404/united-states-v-miller/ | that the Court of Appeals' result conflicts with a number of this Court's prior *136 decisions interpreting the Fifth Amendment's Grand Jury Clause. The Court has long recognized that an indictment may charge numerous offenses or the commission of any one offense in several ways. As long as the crime and the elements o... |
Justice Marshall | 1,985 | 15 | majority | United States v. Miller | https://www.courtlistener.com/opinion/111404/united-states-v-miller/ | forth in the indictment comprehended several relatively distinct plans for fleecing intended victims." Because the evidence only sustained the charge as to one of the plans, the trial judge withdrew from the jury those portions of the indictment that related to all other plans. Salinger argued then, just as Miller argu... |
Justice Marshall | 1,985 | 15 | majority | United States v. Miller | https://www.courtlistener.com/opinion/111404/united-states-v-miller/ | construction of a steel mill. At trial, however, the prosecution's proof of the required interference with interstate commerce went beyond the allegation of obstructed sand shipments. The prosecutor also attempted to prove that Stirone had obstructed the steel mill's eventual export of steel to surrounding Because the ... |
Justice Marshall | 1,985 | 15 | majority | United States v. Miller | https://www.courtlistener.com/opinion/111404/united-states-v-miller/ | that would not have been necessary to prove the offense. This deletion, in the Court's view, did constitute a compromise of the defendant's right to be tried only on a grand jury's Bain was a bank cashier who had been indicted for including false statements in a report required to be made to the Comptroller of the Curr... |
Justice Marshall | 1,985 | 15 | majority | United States v. Miller | https://www.courtlistener.com/opinion/111404/united-states-v-miller/ | of parts of an indictment invalidates the whole of the indictment, for a court cannot speculate as to whether the grand jury had meant for any remaining offense to stand independently, even if that remaining offense clearly was included in the original text. Under this latter proposition, the narrowing of an indictment... |
Justice Marshall | 1,985 | 15 | majority | United States v. Miller | https://www.courtlistener.com/opinion/111404/united-states-v-miller/ | an amendment that renders the indictment void. As is clear from the discussion of cases in Part this second proposition did not long survive Bain. Indeed, when defendants have sought to rely on Bain for this point, this Court has limited or distinguished the case, sustaining convictions where courts had withdrawn or ig... |
Justice Marshall | 1,990 | 15 | dissenting | Illinois v. Rodriguez | https://www.courtlistener.com/opinion/112475/illinois-v-rodriguez/ | Dorothy Jackson summoned police officers to her house to report that her daughter Gail Fischer had been beaten. Fischer told police that Ed Rodriguez, her boyfriend, was her assaulter. During an interview with Fischer, one of the officers asked if Rodriguez dealt in narcotics. Fischer did not respond. Fischer did agree... |
Justice Marshall | 1,990 | 15 | dissenting | Illinois v. Rodriguez | https://www.courtlistener.com/opinion/112475/illinois-v-rodriguez/ | hurried action of officers and others who may happen to make arrests." United I The Fourth Amendment provides that "[t]he right of the people to be secure in their houses shall not be violated." We have recognized that the "physical entry of the home is the chief evil against which the wording of the Fourth Amendment i... |
Justice Marshall | 1,990 | 15 | dissenting | Illinois v. Rodriguez | https://www.courtlistener.com/opinion/112475/illinois-v-rodriguez/ | a warrant weighs in on the law enforcement side. Against this law enforcement interest in expediting arrests is "the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion." To be sure, in some cases in which police officers reasonably rely on a *193 third party's consent... |
Justice Marshall | 1,990 | 15 | dissenting | Illinois v. Rodriguez | https://www.courtlistener.com/opinion/112475/illinois-v-rodriguez/ | ability to challenge the reasonableness of the search only because that person voluntarily has relinquished some of his expectation of privacy by sharing access or control over his property with another person. A search conducted pursuant to an officer's reasonable but mistaken belief that a third party had authority t... |
Justice Marshall | 1,990 | 15 | dissenting | Illinois v. Rodriguez | https://www.courtlistener.com/opinion/112475/illinois-v-rodriguez/ | outside of the home, a search is reasonable under the Fourth Amendment whenever that standard is met, notwithstanding the possibility of "mistakes" on the part of police. In contrast, our cases have already struck the balance against warrantless home intrusions in the absence of an exigency. See Because reasonable fact... |
Justice Marshall | 1,990 | 15 | dissenting | Illinois v. Rodriguez | https://www.courtlistener.com/opinion/112475/illinois-v-rodriguez/ | a person who allows another joint access to his property thereby limits his expectation of privacy does not justify trampling the rights of a person who has not similarly relinquished any of his privacy expectation. Instead of judging the validity of consent searches, as we have in the past, based on whether a defendan... |
Justice Stevens | 1,989 | 16 | concurring | United States v. Broce | https://www.courtlistener.com/opinion/112177/united-states-v-broce/ | While I join the Court's opinion, I write separately to identify the doubtful character of the basic premise on which respondents' double jeopardy claim rests. Respondents assume that their price-fixing activities in April 1978 and July 1979 were not separate crimes because they were carried out pursuant to an overarch... |
Justice Scalia | 1,988 | 9 | majority | Coy v. Iowa | https://www.courtlistener.com/opinion/112146/coy-v-iowa/ | Appellant was convicted of two counts of lascivious acts with a child after a jury trial in which a screen placed between him and the two complaining witnesses blocked him from their sight. Appellant contends that this procedure, authorized by state statute, violated his Sixth Amendment right to confront the witnesses ... |
Justice Scalia | 1,988 | 9 | majority | Coy v. Iowa | https://www.courtlistener.com/opinion/112146/coy-v-iowa/ | traces back to the beginnings of Western legal culture. There are indications that a right of confrontation existed under Roman law. The Roman Governor Festus, discussing the proper treatment of his prisoner, Paul, stated: "It is not the manner of the Romans to deliver any man up to die before the accused has met his a... |
Justice Scalia | 1,988 | 9 | majority | Coy v. Iowa | https://www.courtlistener.com/opinion/112146/coy-v-iowa/ | established rules governing the trial or conduct of criminal cases." Similarly, in we described a provision of the Philippine Bill of Rights as substantially the same as the Sixth Amendment, and proceeded to interpret it as intended "to secure the accused the right to be tried, so far as facts provable by witnesses are... |
Justice Scalia | 1,988 | 9 | majority | Coy v. Iowa | https://www.courtlistener.com/opinion/112146/coy-v-iowa/ | sort of human being that man is." Z. Chafee, The Blessings of Liberty 35 quoted in 3 U.S. 345, (Douglas, J., dissenting). It is always more difficult to tell a lie about a person "to his face" than "behind his back." In the former context, even if the lie is told, it will often be told less convincingly. The Confrontat... |
Justice Scalia | 1,988 | 9 | majority | Coy v. Iowa | https://www.courtlistener.com/opinion/112146/coy-v-iowa/ | reasonable must take into account other important interests is not the same as holding that we can identify exceptions, in light of other important interests, to the irreducible literal meaning of the Clause: "a right to meet face to face all those who appear and give evidence at trial." 399 U. S., (emphasis added). We... |
Justice Stevens | 1,983 | 16 | majority | Community Television of Southern Cal. v. Gottfried | https://www.courtlistener.com/opinion/110830/community-television-of-southern-cal-v-gottfried/ | The question presented is whether 504 of the Rehabilitation Act of 973[] requires the Federal Communications Commission to review a public television station's license renewal application under a different standard than it applies to a commercial licensee's renewal application. Contrary to the holding of the Court of A... |
Justice Stevens | 1,983 | 16 | majority | Community Television of Southern Cal. v. Gottfried | https://www.courtlistener.com/opinion/110830/community-television-of-southern-cal-v-gottfried/ | in a single memorandum opinion adopted on August 8, 978. 69 F. C. C. 2d 45. The Commission first reviewed its own efforts to encourage the industry to serve the needs of the hearing impaired. In 970, the Commission had issued a Public Notice to all licensees, advising them of the special needs of the deaf in responding... |
Justice Stevens | 1,983 | 16 | majority | Community Television of Southern Cal. v. Gottfried | https://www.courtlistener.com/opinion/110830/community-television-of-southern-cal-v-gottfried/ | and that a violation of the Act would need to be considered in a license renewal proceeding, but it saw no reason to consider 504 in the absence of an adverse finding by the Department of Health, Education, and Welfare "the proper governmental agency to consider such matters." On May 29, 979, the Commission adopted a... |
Justice Stevens | 1,983 | 16 | majority | Community Television of Southern Cal. v. Gottfried | https://www.courtlistener.com/opinion/110830/community-television-of-southern-cal-v-gottfried/ | the hearing impaired and that commercial stations must therefore make some accommodation for the hard of hearing, given the Communications Act's general requirement that licensees serve the "public interest, convenience, and necessity." 47 U.S. C. 307(d), 309(a), 309(d). In the absence of a more specific statutory dire... |
Justice Stevens | 1,983 | 16 | majority | Community Television of Southern Cal. v. Gottfried | https://www.courtlistener.com/opinion/110830/community-television-of-southern-cal-v-gottfried/ | of Appeals' holding on the status of licenses of public broadcasting stations, we granted both petitions. II All parties agree that the public interest would be served by making television broadcasting more available and more understandable to the substantial portion of our population that is handicapped by impaired he... |
Justice Stevens | 1,983 | 16 | majority | Community Television of Southern Cal. v. Gottfried | https://www.courtlistener.com/opinion/110830/community-television-of-southern-cal-v-gottfried/ | the quite different conclusion that the Commission must evaluate a public station's service to the handicapped community by a more stringent standard than that applicable to commercial stations. The interest in having all television stations public and commercial consider and serve their handicapped viewers is equa... |
Justice O'Connor | 1,988 | 14 | concurring | Bankers Life & Casualty Co. v. Crenshaw | https://www.courtlistener.com/opinion/112069/bankers-life-casualty-co-v-crenshaw/ | I do not agree with the Court's analysis of our jurisdiction over appellant's federal due process claim. I therefore do not join Part II or footnote 1 of the Court's opinion. I join the remainder of the opinion, and I agree with the analysis of Part II insofar as claims under the Excessive Fines Clause and Contract Cla... |
Justice O'Connor | 1,988 | 14 | concurring | Bankers Life & Casualty Co. v. Crenshaw | https://www.courtlistener.com/opinion/112069/bankers-life-casualty-co-v-crenshaw/ | for Appellant 4-10. Appellant has touched on a due process issue that I think is worthy of the Court's attention in an appropriate case. Mississippi law gives juries discretion to award any amount of punitive damages in any tort case in which a defendant acts with a certain mental state. In my view, because of the puni... |
Justice O'Connor | 1,988 | 14 | concurring | Bankers Life & Casualty Co. v. Crenshaw | https://www.courtlistener.com/opinion/112069/bankers-life-casualty-co-v-crenshaw/ | prudent to do so. Accordingly, *89 I concur in the Court's judgment on this question and would leave for another day the consideration of these issues. JUSTICE SCALIA, concurring in part and concurring in the judgment. I join Part I (except for footnote 1) and Part III of the opinion of the Court, and concur in its jud... |
Justice O'Connor | 1,988 | 14 | concurring | Bankers Life & Casualty Co. v. Crenshaw | https://www.courtlistener.com/opinion/112069/bankers-life-casualty-co-v-crenshaw/ | related" to any of these interests.[3] To the contrary, the relationship of the statutory classification of a money-judgment appellant to the asserted governmental goals "is so attenuated as to render the distinction arbitrary [and] irrational." There is no rational relationship between the statute and the State's asse... |
Justice O'Connor | 1,988 | 14 | concurring | Bankers Life & Casualty Co. v. Crenshaw | https://www.courtlistener.com/opinion/112069/bankers-life-casualty-co-v-crenshaw/ | those who are unable to post the bond but also allows meritless appeals by others who can afford the bond." 405 U.S., Similarly, 11-3-23 not only discourages nonfrivolous appeals by those who would avoid the risk of additional damages, but also allows meritless appeals by those who can afford to assume that risk. More ... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | Darius Clark sent his girlfriend hundreds of miles away to engage in prostitution and agreed to care for her two young children while she was out of town. A day later, teachers discovered red marks on her 3-year-old son, and the boy identified Clark as his abuser. The question in this case is whether the Sixth Amendmen... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | discovered additional injuries suggesting child abuse. L. P. had a black eye, belt marks on his back and stomach, and bruises all over his body. A. T. had two black eyes, a swollen hand, and a large burn on her cheek, and two pigtails had been ripped out at the roots of her hair. A grand jury indicted Clark on five cou... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | as agents of the State under the mandatory report- ing law and “sought facts concerning past criminal activity to identify the person responsible, eliciting statements that ‘are functionally identical to live, in-court testimony, 4 OHIO v. CLARK Opinion of the Court doing precisely what a witness does on direct examina... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | the statements in Hammon were testimo- nial, while the statements in Davis were not. Announcing what has come to be known as the “primary purpose” test, we explained: “Statements are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | ongoing emergency, not establishing evidence for the prosecution. Because the relevant state- ments were made to law enforcement officers, we again declined to decide whether the same analysis applies to statements made to individuals other than the police. See Cite as: 576 U. S. (2015) 7 Opinion of the Court Thus, und... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | teachers were not sure who had abused him or how best to secure his safety. Nor were they sure whether any other children might be at risk. As a result, their questions and L. P.’s answers were primarily aimed at identifying and ending the threat. Though not as harried, the conversa- tion here was also similar to the 9... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | American Professional Society on the Abuse of Chil- dren as Amicus Curiae 7, and n. 5 (collecting sources). And Clark does not dispute those findings. Thus, it is extremely unlikely that a 3-year-old child in L. P.’s posi- tion would intend his statements to be a substitute for trial testimony. On the contrary, a young... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | principally charged with uncovering and prosecuting criminal behavior are significantly less likely to be testi- monial than statements given to law enforcement officers. See, e.g., It is common sense that the relationship between a student and his teacher is very different from that between a citizen and the police. W... |
Justice Alito | 2,015 | 8 | majority | Ohio v. Clark | https://www.courtlistener.com/opinion/2809764/ohio-v-clark/ | Confrontation Clause decisions, however, do not determine whether a statement is testimonial by examining whether a jury would view the statement as the equivalent of in-court testimony. The logic of this argument, moreover, would lead to the conclusion that virtually all out-of-court state- ments offered by the prosec... |
Justice Stevens | 1,994 | 16 | dissenting | Dolan v. City of Tigard | https://www.courtlistener.com/opinion/117861/dolan-v-city-of-tigard/ | The record does not tell us the dollar value of petitioner Florence Dolan's interest in excluding the public from the greenway adjacent to her hardware business. The mountain of briefs that the case has generated nevertheless makes it obvious that the pecuniary value of her victory is far less important than the rule o... |
Justice Stevens | 1,994 | 16 | dissenting | Dolan v. City of Tigard | https://www.courtlistener.com/opinion/117861/dolan-v-city-of-tigard/ | hurdle in the path of these conditions. In addition to showing a rational nexus to a public purpose that would justify an outright denial of the permit, the city must also demonstrate "rough proportionality" between the harm caused by the new land use and the benefit obtained by the condition. Ante, at 391. The Court a... |
Justice Stevens | 1,994 | 16 | dissenting | Dolan v. City of Tigard | https://www.courtlistener.com/opinion/117861/dolan-v-city-of-tigard/ | United pointed out at oral argument, the improvement that the city's drainage plan contemplates would widen the channel and reinforce the slopes to increase the carrying capacity during serious floods, "confer[ring] considerable benefits on the property owners immediately adjacent to the creek." Tr. of Oral Arg. 41-42.... |
Justice Stevens | 1,994 | 16 | dissenting | Dolan v. City of Tigard | https://www.courtlistener.com/opinion/117861/dolan-v-city-of-tigard/ | property. As Professor Johnston has noted: "The subdivider is a manufacturer, processer, and marketer of a product; land is but one of his raw materials. In subdivision control disputes, the developer is *402 not defending hearth and home against the king's intrusion, but simply attempting to maximize his profits from ... |
Justice Stevens | 1,994 | 16 | dissenting | Dolan v. City of Tigard | https://www.courtlistener.com/opinion/117861/dolan-v-city-of-tigard/ | city.[5] The heightened requirement the Court imposes on cities is even more unjustified when all the tools needed to resolve the questions presented by this case can be garnered from our existing case law. III Applying its new standard, the Court finds two defects in the city's case. First, while the record would adeq... |
Justice Stevens | 1,994 | 16 | dissenting | Dolan v. City of Tigard | https://www.courtlistener.com/opinion/117861/dolan-v-city-of-tigard/ | just how many cyclists will replace motorists. Predictions on such matters are inherently nothing more than estimates. Certainly *405 the assumption that there will be an offsetting benefit here is entirely reasonable and should suffice whether it amounts to 100 percent, 35 percent, or only 5 percent of the increase in... |
Justice Stevens | 1,994 | 16 | dissenting | Dolan v. City of Tigard | https://www.courtlistener.com/opinion/117861/dolan-v-city-of-tigard/ | the same effect for constitutional purposes as appropriating or destroying it." Pennsylvania Coal The so-called "regulatory *407 takings" doctrine that the Holmes dictum[10] kindled has an obvious kinship with the line of substantive due process cases that Lochner exemplified. Besides having similar ancestry, both doct... |
Justice Stevens | 1,994 | 16 | dissenting | Dolan v. City of Tigard | https://www.courtlistener.com/opinion/117861/dolan-v-city-of-tigard/ | exchange for a building permit. One can only hope that the Court's reliance today on First Amendment cases, see ante, at 385 ), and its candid disavowal of the term "rational basis" to describe its new standard of review, see ante, at 391, do not signify a reassertion of the kind of superlegislative power the Court exe... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | All parties concede that the 1982 restrictions on travel-related expenditures in Cuba, (1982), were not promulgated in conformity with the procedural requirements of the International Emergency Economic Powers Act of 1977, Title II, 50 U.S. C. 1701-1706 (IEEPA). Thus, those restrictions are invalid unless they were aut... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | Nixon's 1970 declaration concerning a Post Office strike, Presidential Proclamation No. 3972, 3 CFR 473 (1966-1970 Comp.); and President Nixon's 1971 declaration concerning the country's balance-of-payments problems, Presidential Proclamation No. 4074, 3 CFR 60 (1971-1975 Comp.). The *246 national emergency most often ... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | Mr. Katz, what is the national emergency currently facing us that warrants the use of powers under the [TWEA]? "MR. KATZ. It continues to be the emergency involving the threat of Communist aggression which was declared in 1950 at the time of the aggression in Korea. "MR. BINGHAM. Are you serious? "MR. KATZ. That is the... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | of how to deal with existing regulations that had been promulgated under 5(b) and obviously had not been issued in accordance with the new procedures set forth in the IEEPA. There were those on the House Subcommittee considering the amendments to the TWEA who thought that there should be no grandfathering and that the ... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | having to end restrictions that, for negotiating reasons, the President had concluded should not be ended unilaterally. The proponents of grandfathering voiced their desire that the grandfather clause be tailored narrowly to fit these concerns. In its early form before the Subcommittee, the clause contained two subpart... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | that would give a clearer indication that Congress intended to grandfather only the regulations and restrictions that already had been exercised.[5] When the full House Committee viewed 101(b) after 101(b)(2) had been deleted, Representative Cavanaugh sought to ascertain that the clause was drawn as narrowly as possibl... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | (remarks of Rep. Bingham). In sum, the grandfather provision of the IEEPA was designed narrowly to respond to a particularized set of *255 concerns. It sought to avoid placing the President in the awkward situation either of making unilateral concessions to countries subject to restrictions or declaring a new state of ... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | the President had exercised these authorities over several countries, including Cuba, and Congress clearly intended to grandfather those exercises. Because the exercise of these powers does not fit naturally within a word such as "prohibitions," it is hardly surprising that Congress did not use that term. Thus, the sho... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | to discern a congressional purpose consistent with its interpretation of the statute. The Court concludes that the purpose of the grandfather clause was to prevent the proposed bill from becoming controversial. Once again, I have no disagreement with this general interpretation. But the Court misapprehends the aspects ... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | "policies" that Congress decided *259 not to review included only "what has been done to date." Subcommittee Hearings, at 167 (remarks of Rep. Bingham). Congress had no hesitation about restricting the President's authority to exercise the emergency powers that he possessed but had not yet exercised. To the contrary, a... |
Justice Blackmun | 1,984 | 11 | dissenting | Regan v. Wald | https://www.courtlistener.com/opinion/111243/regan-v-wald/ | Korea, Vietnam, Cambodia, and Cuba continue." H. R. Rep. No. 95-459, at 6 (emphasis added). *261 No other reference to extant trade embargoes refers to a trade embargo against China. See, e. g., Subcommittee Hearings, at 108 (statement of Assistant Treasury Secretary Bergsten); House Markup, at 8 (statement of Rep. Bin... |
Justice Brennan | 1,988 | 13 | majority | Allied Tube & Conduit Corp. v. Indian Head, Inc. | https://www.courtlistener.com/opinion/112091/allied-tube-conduit-corp-v-indian-head-inc/ | Petitioner contends that its efforts to affect the product standard-setting process of a private association are immune from antitrust liability under the doctrine primarily because the association's standards are widely adopted into law by state and local governments. Eastern Railroad Presidents The United States Cour... |
Justice Brennan | 1,988 | 13 | majority | Allied Tube & Conduit Corp. v. Indian Head, Inc. | https://www.courtlistener.com/opinion/112091/allied-tube-conduit-corp-v-indian-head-inc/ | steel conduit, met to plan strategy with, among others, members of the steel industry, other steel conduit manufacturers, and its independent sales agents. They collectively agreed to exclude respondent's product from the 1981 Code by packing the upcoming annual meeting with new Association members whose only function ... |
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