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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/ | adverse impact on competition, were not the least restrictive means of expressing petitioner's opposition to the use of polyvinyl chloride conduit in the marketplace, and unreasonably restrained trade in violation of the antitrust laws. The jury then awarded respondent damages, to be trebled, of $3.8 million for lost p... |
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/ | on which liability was predicated was the Association's exclusion of respondent's product from the Code, and no damages were imposed for the incorporation of that Code by any government. The relevant context is thus the standard-setting process of a private association. Typically, private standard-setting associations,... |
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/ | might still apply, however, if, as petitioner argues, the exclusion of polyvinyl chloride conduit from the Code, and the effect that exclusion had of its own force in the marketplace, were incidental to a valid effort to influence governmental action. Petitioner notes that the lion's share of the anticompetitive effect... |
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/ | added political clout. Nor is it necessarily dispositive that packing the Association's meeting may have been the most effective means of securing government action, for one could imagine situations where the most effective means of influencing government officials is bribery, and we have never suggested that that kind... |
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/ | another the railroads' charges that heavy trucks injure the roads, violate the laws and create traffic hazards, and urge that truckers should be forced to pay a fair share of the costs of rebuilding the roads, that they should be compelled to obey the laws, and that limits should be placed upon the weight of the loads ... |
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/ | be adopted into law. See Indeed, because private standard-setting by associations comprising firms with horizontal and vertical business relations is permitted at all under the antitrust laws only on the *507 understanding that it will be conducted in a nonpartisan manner offering procompetitive benefits, see ib the st... |
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/ | not stand to profit financially from a lessening of competition in the boycotted market. Here, in contrast, *509 petitioner was at least partially motivated by the desire to lessen competition, and, because of petitioner's line of business, stood to reap substantial economic benefits from making it difficult for respon... |
Justice O'Connor | 1,991 | 14 | majority | Florida v. Bostick | https://www.courtlistener.com/opinion/112631/florida-v-bostick/ | We have held that the Fourth Amendment permits police officers to approach individuals at random in airport lobbies and other public places to ask them questions and to request consent to search their luggage, so long as a reasonable person would understand that he or she could refuse to cooperate. This case requires u... |
Justice O'Connor | 1,991 | 14 | majority | Florida v. Bostick | https://www.courtlistener.com/opinion/112631/florida-v-bostick/ | with a gun. The Florida Supreme Court indicated that one officer carried a zipper pouch containing a pistol the equivalent of carrying a gun in a holster but the court did not suggest that the gun was ever removed from its pouch, pointed at Bostick, or otherwise used in a threatening manner. The dissent's character... |
Justice O'Connor | 1,991 | 14 | majority | Florida v. Bostick | https://www.courtlistener.com/opinion/112631/florida-v-bostick/ | because a police officer approaches an individual and asks a few questions. So long as a reasonable person would feel free "to disregard the police and go about his business," the encounter is consensual and no reasonable suspicion is required. The encounter will not trigger Fourth Amendment scrutiny unless it loses it... |
Justice O'Connor | 1,991 | 14 | majority | Florida v. Bostick | https://www.courtlistener.com/opinion/112631/florida-v-bostick/ | on a bus. Also, the bus was about to depart. Had Bostick disembarked, he would have risked being stranded and losing whatever baggage he had locked away in the luggage compartment. The Florida Supreme Court found this argument persuasive, so much so that it adopted a per se rule prohibiting the police from randomly boa... |
Justice O'Connor | 1,991 | 14 | majority | Florida v. Bostick | https://www.courtlistener.com/opinion/112631/florida-v-bostick/ | indistinguishable from Like the workers in that case, Bostick's freedom of movement was restricted by a factor independent of police conduct i. e., by his being a passenger on a bus. Accordingly, the "free to leave" analysis on which Bostick relies is inapplicable. In such a situation, the appropriate inquiry is whet... |
Justice O'Connor | 1,991 | 14 | majority | Florida v. Bostick | https://www.courtlistener.com/opinion/112631/florida-v-bostick/ | search of luggage that he or she knows contains drugs. This argument cannot prevail because the "reasonable person" test presupposes an innocent person. See ("The fact that [respondent] knew the search was likely to turn up contraband is of course irrelevant; the potential intrusiveness of the officers' conduct must be... |
Justice O'Connor | 1,991 | 14 | majority | Florida v. Bostick | https://www.courtlistener.com/opinion/112631/florida-v-bostick/ | be fought, those who fight it must respect the rights of individuals, whether or not those individuals are suspected of having committed a crime. By the same token, this Court is not empowered to forbid law enforcement practices simply because it considers them distasteful. The Fourth Amendment proscribes unreasonable ... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | This appeal requires us to decide whether dismissal of a federal indictment was constitutionally required by reason of a period of three years between the occurrence of the alleged criminal acts and the filing of the indictment. On April 21, 1970, the two appellees were indicted and charged in 19 counts with operating ... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | occurring several years before, and they contended that the delay was due to the negligence or indifference of the United States Attorney in investigating the case and presenting it to a grand jury. No specific prejudice was claimed or demonstrated. The District Court judge dismissed the indictment for "lack of speedy ... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | II Appellees do not claim that the Sixth Amendment was violated by the two-month delay between the return of the indictment and its dismissal. Instead, they claim that their rights to a speedy trial were violated by the period of approximately three years between the end of the criminal scheme charged and the return of... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | a crime. The Court has pointed out that "[a]t the common law and in the absence of special statutes of limitations the mere failure to find an indictment will not operate to discharge the accused from the offense nor will a nolle prosequi entered by the Government or the failure of the grand jury to indict." United Sin... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | Inordinate delay between arrest, indictment, and trial may impair a defendant's ability to present an effective defense. But the major evils protected against by the speedy trial guarantee exist quite apart from actual or possible prejudice to an accused's defense. To legally arrest and detain, the Government must asse... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | this *323 Court observed in : "The purpose of a statute of limitations is to limit exposure to criminal prosecution to a certain fixed period of time following the occurrence of those acts the legislature has decided to punish by criminal sanctions. Such a limitation is designed to protect individuals from having to de... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | before us, neither appellee was arrested, charged, or otherwise subjected to formal restraint prior to indictment. It was this event, therefore, that transformed the appellees into "accused" defendants who are subject to the speedy trial protections of the Sixth Amendment. The 38-month delay between the end of the sche... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | impaneled on October 9, 1967, to investigate consumer fraud did not, however, return an indictment against * appellees. Sometime between the summer of 1968 and January 1969, appellees delivered their business records to the United States Attorney, but an indictment was not returned against them until April 21, 1970. Th... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | (Somerset Winter Assizes 1844), where there was a two-year delay in making a charge of bestiality: "It is monstrous to put a man on his trial after such a lapse of time. How can he account for his conduct so far back? If you accuse a man of a crime the next day, he may be enabled to bring forward his servants and famil... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | impair the ability of the accused to defend himself, so it may reduce the capacity of the government to prove its case. See Moreover, while awaiting trial, an accused who is at large may become a fugitive from justice or commit other criminal acts. And the greater the lapse of time between commission of an offense and ... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | the right to a speedy trial adopted in the majority's conclusion that "the [Sixth] amendment [does not extend] to *333 the period prior to arrest." Ante, at 321. In we held that it was necessary for the police to advise of the right to counsel in the pre-indictment situation where "a person has been taken into custody ... |
Justice White | 1,971 | 6 | majority | United States v. Marion | https://www.courtlistener.com/opinion/108420/united-states-v-marion/ | negligence is the cause, the only interest necessarily unaffected is our common concern to prevent deliberate misuse of the criminal process by public officials. Thus the crucial question in determining the legitimacy of governmental delay may be whether it might reasonably have been avoided whether it was unnecessary... |
Justice Marshall | 1,974 | 15 | dissenting | Bangor Punta Operations, Inc. v. Bangor & Aroostook R. Co. | https://www.courtlistener.com/opinion/109076/bangor-punta-operations-inc-v-bangor-aroostook-r-co/ | This suit, brought by and in the name of respondent railroad and its wholly owned subsidiary, seeks to recover damages for the conversion and misappropriation of corporate assets allegedly committed by petitioners, Bangor Punta and its wholly owned subsidiary, during a period when the latter was the majority shareholde... |
Justice Marshall | 1,974 | 15 | dissenting | Bangor Punta Operations, Inc. v. Bangor & Aroostook R. Co. | https://www.courtlistener.com/opinion/109076/bangor-punta-operations-inc-v-bangor-aroostook-r-co/ | therefore held that equity barred the corporation from pursuing a claim where none of its shareholders could complain of injury. Dean Pound thought it clear, however, that the opposite result would obtain if any of the present shareholders "are entitled to complain of the acts of the defendant and of his past managemen... |
Justice Marshall | 1,974 | 15 | dissenting | Bangor Punta Operations, Inc. v. Bangor & Aroostook R. Co. | https://www.courtlistener.com/opinion/109076/bangor-punta-operations-inc-v-bangor-aroostook-r-co/ | of these minority shareholders would have had the right, during the 1960-1967 period, as well as thereafter, to bring a derivative action on behalf of the corporation against the majority shareholder for misappropriation of corporate assets. As Dean Pound states, such an action could be brought, "even though the wrongd... |
Justice Marshall | 1,974 | 15 | dissenting | Bangor Punta Operations, Inc. v. Bangor & Aroostook R. Co. | https://www.courtlistener.com/opinion/109076/bangor-punta-operations-inc-v-bangor-aroostook-r-co/ | relationship between the railroad and its majority shareholder. Its report, not made public until July 1971, laid bare for the first time the wrongful *724 intercorporate transactions that are the subject of the present suit and recommended that legal remedies be explored to require petitioners to pay back to the carri... |
Justice Marshall | 1,974 | 15 | dissenting | Bangor Punta Operations, Inc. v. Bangor & Aroostook R. Co. | https://www.courtlistener.com/opinion/109076/bangor-punta-operations-inc-v-bangor-aroostook-r-co/ | railroad's stock is determined by many factorsearning capacity; historical income, excluding nonrecurring items; balance sheet strength; dividend history; and condition of plant and equipment. Under an appropriate decree, only the last of these factors would be enhanced by the railroad's recovery. It is therefore not ... |
Justice Marshall | 1,974 | 15 | dissenting | Bangor Punta Operations, Inc. v. Bangor & Aroostook R. Co. | https://www.courtlistener.com/opinion/109076/bangor-punta-operations-inc-v-bangor-aroostook-r-co/ | *727 More importantly, equity should take into account the public interest at stake in this litigation. As the Court of Appeals indicated: "The public's interest, unlike the private interest of stockholder or creditor, is not easily defined or quantified, yet it is real and cannot, we think, be overlooked in determinin... |
Justice Marshall | 1,974 | 15 | dissenting | Bangor Punta Operations, Inc. v. Bangor & Aroostook R. Co. | https://www.courtlistener.com/opinion/109076/bangor-punta-operations-inc-v-bangor-aroostook-r-co/ | "[T]he public has a real, if inchoate, interest" in this action. The Court gives short shrift, however, to the public interest. While recognizing that respondents' complaint is based primarily on federal antitrust and securities statutes designed to benefit the public, and while conceding that the statutorily designate... |
Justice Marshall | 1,974 | 15 | dissenting | Bangor Punta Operations, Inc. v. Bangor & Aroostook R. Co. | https://www.courtlistener.com/opinion/109076/bangor-punta-operations-inc-v-bangor-aroostook-r-co/ | complaint that the carrier as well as the public interest it serves were injured through violations of this section committed by petitioners,[5] the Court directly frustrates the ends of Congress. Indeed, the Court encourages the very kind of abuses 10 was designed to prohibit. The majority shareholder of a carrier can... |
Justice Marshall | 1,976 | 15 | concurring | Garner v. United States | https://www.courtlistener.com/opinion/109400/garner-v-united-states/ | I agree with the Court that petitioner, having made incriminating disclosures on his income tax returns rather than having claimed the privilege against self-incrimination, cannot thereafter assert the privilege to bar the introduction of his returns in a criminal prosecution. I disagree, however, with the Court's rati... |
Justice Marshall | 1,976 | 15 | concurring | Garner v. United States | https://www.courtlistener.com/opinion/109400/garner-v-united-states/ | prosecution. But cf. But it does not follow, and Murdock I does not hold, that the absence of a preliminary ruling is of no import in considering whether a defense of good-faith assertion of the privilege is constitutionally required.[*] It is one thing to deny a good-faith defense to a witness who is given a prompt ru... |
Justice Rehnquist | 1,983 | 19 | majority | Herweg v. Ray | https://www.courtlistener.com/opinion/110648/herweg-v-ray/ | Last Term in we upheld the validity of federal Medicaid regulations that permit "deeming" of income between spouses in those States that have exercised the so-called 09(b) option" provided for in the Social Security Act, as amended, 4 U.S. C. 1396 et seq. (1976 ed. and Supp. III). "Deeming," in the parlance of the Soci... |
Justice Rehnquist | 1,983 | 19 | majority | Herweg v. Ray | https://www.courtlistener.com/opinion/110648/herweg-v-ray/ | other groups of individuals, see 4 U.S. C. 1396(a)(10)(C), one of which is the "optional categorically needy." See 4 CFR 435.00-435.31[3] Included among the "optional categorically needy," are (1) individuals who would be eligible for, but for some reason are not receiving, SSI benefits and () individuals who would be ... |
Justice Rehnquist | 1,983 | 19 | majority | Herweg v. Ray | https://www.courtlistener.com/opinion/110648/herweg-v-ray/ | income after one month from the time the couple ceased to live together. See 4 CFR 435.73(d) Petitioners filed the instant suit in the United States District Court for the Southern District of Iowa challenging Iowa's "deeming" of the income of a Medicaid applicant's spouse.[6] After certifying a class of plaintiffs,[7]... |
Justice Rehnquist | 1,983 | 19 | majority | Herweg v. Ray | https://www.courtlistener.com/opinion/110648/herweg-v-ray/ | it was not actually contributed. Because Congress has clearly spoken in this regard, to the extent it permits Iowa to deny Medicaid assistance to SSI recipients, the District Court's order cannot stand.[10] In requiring individualized determinations of income available to the Medicaid applicant, the District Court held... |
Justice Rehnquist | 1,983 | 19 | majority | Herweg v. Ray | https://www.courtlistener.com/opinion/110648/herweg-v-ray/ | applicants and their spouses, we cannot agree with respondents that Congress intended the States to enforce their spousal responsibility policies wholly unimpeded by the Secretary's congressionally authorized power to give substance to the term "available." In placing time limitations upon the States' ability to consid... |
Justice Rehnquist | 1,983 | 19 | majority | Herweg v. Ray | https://www.courtlistener.com/opinion/110648/herweg-v-ray/ | the Secretary's limitation on deeming, we do not thereby render subsection (17)(D) meaningless. That provision, however, may not be read in isolation from the other provisions of the Social Security Act. We have no doubt that some tension exists between the Secretary's congressionally authorized power under subsection ... |
Justice Rehnquist | 1,983 | 19 | majority | Herweg v. Ray | https://www.courtlistener.com/opinion/110648/herweg-v-ray/ | the applicant. With regard to SSI recipients in SSI States, such an interpretation would be contrary to 190(a)(10)(A), 4 U.S. C. 1396a(a)(10)(A). With regard to the optional categorically needy, we find that the Secretary has not exceeded his authority in promulgating 4 CFR 435.73 and that this regulation is neither ar... |
Justice Ginsburg | 1,999 | 5 | concurring | Reno v. American-Arab Anti-Discrimination Comm. | https://www.courtlistener.com/opinion/118264/reno-v-american-arab-anti-discrimination-comm/ | I agree with Justice Scalia that 8 U.S. C. 1252(g) (1994 ed., Supp. III) applies to this case and deprives the federal courts of jurisdiction over respondents' pre-final-order suit. Under 1252, respondents may obtain circuit court review of final orders of removal pursuant to the Hobbs Act, 28 U.S. C. 2341 et seq. (199... |
Justice Ginsburg | 1,999 | 5 | concurring | Reno v. American-Arab Anti-Discrimination Comm. | https://www.courtlistener.com/opinion/118264/reno-v-american-arab-anti-discrimination-comm/ | habeas corpus or as a defense to a criminal prosecution would be "to construe the Act with unnecessary harshness." The precedent in point suggests that interlocutory intervention in Immigration and Naturalization Service (INS) proceedings would be in order, notwithstanding a statutory bar, if the INS acts in bad faith,... |
Justice Ginsburg | 1,999 | 5 | concurring | Reno v. American-Arab Anti-Discrimination Comm. | https://www.courtlistener.com/opinion/118264/reno-v-american-arab-anti-discrimination-comm/ | however, the Attorney General's *496 position that the reviewing court of appeals may transfer a case to a district court for resolution of pertinent issues of material fact, see Brief for Petitioners 44, 48-49, and n. 23,[2] and counsel's assurance at oral argument that petitioners will adhere to that position, see Tr... |
Justice Ginsburg | 1,999 | 5 | concurring | Reno v. American-Arab Anti-Discrimination Comm. | https://www.courtlistener.com/opinion/118264/reno-v-american-arab-anti-discrimination-comm/ | immediate resort to a judicial forum. In common with the Attorney General, however, I conclude that in the final judicial episode, factfinding, to the extent necessary to fairly address respondents' claims, is not beyond the federal judiciary's ken. For the reasons stated, I join in Parts I and II of the Court's opinio... |
Justice Ginsburg | 1,999 | 5 | concurring | Reno v. American-Arab Anti-Discrimination Comm. | https://www.courtlistener.com/opinion/118264/reno-v-american-arab-anti-discrimination-comm/ | Because that reading would be inconsistent with 306, however, it is clear that Congress intended 309 to apply only to the INS "exclusion or deportation" proceedings that it expressly mentions. To summarize, I think a fair reading of all relevant provisions in the statute makes it clear that Congress intended its prohib... |
Justice Powell | 1,972 | 17 | dissenting | Pennsylvania v. New York | https://www.courtlistener.com/opinion/108576/pennsylvania-v-new-york/ | The majority opinion today purports to apply the rule laid down in to a fact situation not contemplated when that case was decided. In applying that rule to these new facts, it seems to me that the Court exalts the rule but derogates the reasons supporting it. I a case decided within the Court's original jurisdiction, ... |
Justice Powell | 1,972 | 17 | dissenting | Pennsylvania v. New York | https://www.courtlistener.com/opinion/108576/pennsylvania-v-new-york/ | disposition recommended itself to the Court for several reasons. The rule was generally consistent with the common-law maxim "mobilia sequuntur personam"[*]*218 under which intangible personal property may be found to follow the domicile of its ownerhere the creditor. n. 10. In looking to the residence of the creditor... |
Justice Powell | 1,972 | 17 | dissenting | Pennsylvania v. New York | https://www.courtlistener.com/opinion/108576/pennsylvania-v-new-york/ | that the escheatable property be distributed in proportions roughly comparable to the volume of transactions conducted in each State. Furthermore, the rule today is incompatible with the Court's view in that an easily and inexpensively discernible mode of allocation be utilized. The majority's rule will require the exa... |
Justice Powell | 1,972 | 17 | dissenting | Pennsylvania v. New York | https://www.courtlistener.com/opinion/108576/pennsylvania-v-new-york/ | expense than would be required by the majority's resolution. Despite these advantages, the Special Master rejected this alternative. He reasoned that an undetermined number of these transactions must have taken place outside the creditors' State of domicile. Specifically, he cited the cases in which a New Jersey or Con... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | These cases involve the interaction of three federal statutes with respect to the proposed sale of the rail line of the Pittsburgh and Lake Erie Railroad Co. (P&LE). The statutes are the Railway Labor Act (RLA), as amended, 45 U.S. C. 151 et seq.; the Interstate Commerce Act (ICA), 49 U.S. C. 10101 et seq. (1982 ed. an... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | within the thirty days provided in the notice. In every case where such notice of intended change has been given, or conferences are *496 being held with reference thereto, or the services of the Mediation Board have been requested by either party, or said Board has proffered its services, rates of pay, rules, or worki... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | from the ICC. Section 10901(e) specifies the procedures for this purpose and provides that the ICC "may" require the acquiring company "to provide a fair and equitable arrangement for the protection of railroad employees who may be affected thereby no less protective of and beneficial to the interests of such employees... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | Court's powers. A remand was ordered to determine whether the sale or strike violated the RLA. The unions did not resume their strike when the Court of Appeals reversed the District Court's injunction, but threatened to do so if P&LE attempted to consummate the sale to Railco.[13] *502 The case in the District Court th... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | collective-bargaining agreements. It did not suggest that any of those agreements dealt with the possibility of the sale of the company, sought to confer any rights on P&LE's employees in the event of the sale, or guaranteed that jobs would continue to be available indefinitely.[14] What P&LE proposed to do would remov... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | are not limited to those contained in express or implied agreements but include, as Shore held, "those actual, objective working conditions and practices, broadly conceived, *505 which were in effect prior to the time the pending dispute arose and which are involved in or related to that dispute." RLEA submits that the... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | 156 even though there was nothing in the agreement between the parties to prevent outlying assignments. Shore in our view, does not control these cases. In the first place, our conclusion in that case that the status quo provision required adherence not only to working conditions contained in express or implied agreeme... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | of management prerogative that they would never constitute violations" of that section. Neither would ceasing business and refusing to bargain about it violate 8(a)(3) or 8(a)(5) even if done with antiunion animus. "A proposition that a single businessman cannot choose to go out of business if he wants to would represe... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | so. *510 This construction of the RLA also responds to our obligation to avoid conflicts between two statutory regimes, namely, the RLA and ICA, that in some respects overlap. As the Court has said, we "are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existen... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | the two regimes, but concluded that the provisions of the RLA left no room for a construction easing those tensions. This was the case even though the injunction that was affirmed would likely result in cancellation of P&LE's sale and the frustration of Congress' intent through ICA amendments to deregulate the rail and... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | 87-1589, the issue is whether the Court of Appeals was correct in setting aside the injunction against the strike issued on October 8, At that time, the Ex Parte 392 exemption had become effective, and the District Court held that because the ICC had in effect authorized the sale and had ruled that delay would be preju... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | rather than the seller. Yet here it is with the seller, P&LE, that the unions wanted to bargain, seeking to ease the adverse consequences of the sale. To that end, the unions served 156 notices, which at least to some extent obligated P&LE to bargain until its transaction was closed. We find nothing in the ICA that rel... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | market without agency approval. Ignoring this principle, the Court in Part II of its opinion arrives at a result that, while perhaps preferable as a matter of policy, contradicts our previous interpretations of the relevant statute.[2] *516 The railroad industry long has been the subject of governmental regulation.[3] ... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | of such provisions *518 in their collective-bargaining agreements by proper statutory notice, see ante, at 496-497, and n. 5, the employer must maintain the status quo during the statutorily mandated negotiating process or risk a strike as a consequence of its breach of that duty. See 2 First, Seventh of the RLA, 45 U.... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | " `purposely long and drawn out' " bargaining process. ). It further rejected the railroad's argument that the "status quo" encompassed only working conditions expressed in an agreement between the parties: "[T]he language of 6 simply does not say what the railroad would have it say. Instead, the section speaks plainly... |
Justice White | 1,989 | 6 | majority | Pittsburgh & Lake Erie R. Co. v. Railway Labor Executives' Assn. | https://www.courtlistener.com/opinion/112306/pittsburgh-lake-erie-r-co-v-railway-labor-executives-assn/ | proper subject of bargaining. There is no relevant difference between the partial abandonment in Telegraphers and the transfer of ownership proposed in these cases: in both, rail service would continue as before, but many employees would lose their jobs. Management's motive in Telegraphers, to cut costs by eliminating ... |
Justice Blackmun | 1,993 | 11 | dissenting | Zobrest v. Catalina Foothills School Dist. | https://www.courtlistener.com/opinion/112887/zobrest-v-catalina-foothills-school-dist/ | Today, the Court unnecessarily addresses an important constitutional issue, disregarding longstanding principles of constitutional adjudication. In so doing, the Court holds that placement in a parochial school classroom of a public employee whose duty consists of relaying religious messages does not violate the Establ... |
Justice Blackmun | 1,993 | 11 | dissenting | Zobrest v. Catalina Foothills School Dist. | https://www.courtlistener.com/opinion/112887/zobrest-v-catalina-foothills-school-dist/ | Clause, petitioners will not obtain what they seek if the federal statute *16 does not require or the federal regulations prohibit provision of a sign-language interpreter in a sectarian school.[1] The majority does not deny the existence of these alternative grounds, nor does it dispute the venerable principle that co... |
Justice Blackmun | 1,993 | 11 | dissenting | Zobrest v. Catalina Foothills School Dist. | https://www.courtlistener.com/opinion/112887/zobrest-v-catalina-foothills-school-dist/ | pass upon the scope or constitutionality of a federal statute that might have required publicly employed teachers to provide remedial instruction on the premises of sectarian schools. Prudence counsels that the Court follow a similar practice here by vacating and remanding this case for consideration of the nonconstitu... |
Justice Blackmun | 1,993 | 11 | dissenting | Zobrest v. Catalina Foothills School Dist. | https://www.courtlistener.com/opinion/112887/zobrest-v-catalina-foothills-school-dist/ | given in the case." Brief for Petitioners 22. By this concession, petitioners would seem to surrender their constitutional claim. The majority attempts to elude the impact of the record by offering three reasons why this sort of aid to petitioners survives Establishment Clause scrutiny. First, the majority observes tha... |
Justice Blackmun | 1,993 | 11 | dissenting | Zobrest v. Catalina Foothills School Dist. | https://www.courtlistener.com/opinion/112887/zobrest-v-catalina-foothills-school-dist/ | of the sectarian school," it has always proscribed the provision of benefits that afford even the "opportunity for the transmission of sectarian views," Thus, the Court has upheld the use of public school buses to transport children to and from school, while striking down the *22 employment of publicly funded buses for... |
Justice Blackmun | 1,993 | 11 | dissenting | Zobrest v. Catalina Foothills School Dist. | https://www.courtlistener.com/opinion/112887/zobrest-v-catalina-foothills-school-dist/ | those who do not adhere to its tenets. Moreover, this distinction between the provision of funds and the provision of a human being is not merely one of form. It goes to the heart of the principles animating the Establishment Clause. As amicus Council on Religious Freedom points out, the provision of a state-paid sign-... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | Indiana’s “Voter ID Law”1 threatens to impose nontriv- ial burdens on the voting right of tens of thousands of the State’s citizens, see ante, at 1– (lead opinion), and a significant percentage of those individuals are likely to be deterred from voting, see ante, at –1. The statute is unconstitutional under the balanci... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | of the practical burdens on the right to vote and of the State’s reasons for imposing those precise burdens. Thus, in : “A court considering [such] a challenge must weigh ‘the character and magnitude of the asserted injury to the rights protected by the First and Four- teenth Amendments that the plaintiff seeks to vind... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | the individual to whom the document was issued. “() The document includes an expiration date, and the document: “(A) is not expired; or “(B) expired after the date of the most recent general election. “() The document was issued by the United States or the state of Indiana.” –5–2–0.5 The State asserts that the elderly ... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | that, because the more convenient but less reliable absentee ballot is available, the State may freely deprive the elderly and disabled of the option of voting in person. 5 Under Indiana law, county executives must locate a polling place within five miles of the closest boundary of each voting precinct, and, with limit... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | www.in.gov/indot/files/INDOT_.pdf (hereinafter Annual Report). The 21 counties with no public transportation, according to the study, are: Adams, Blackford, Brown, Carroll, Clay, De Kalb, Gibson, Jennings, Lagrange, Parke, Perry, Posey, Putnam, Rush, Spencer, Steuben, Tipton, Vermillion, Warren, Warrick, and Whitley Co... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | 1. 1 In 2000, approximately 9% of Indiana’s population lived within 1 of these 21 counties. See County and City Extra: Special Decennial Census Edition 19, 17 (D. Gaquin & K. DeBrandt eds. 2002). 8 CRAWFORD v. MARION COUNTY ELECTION BD. SOUTER, J., dissenting that same price must usually be paid for a first-time pass- ... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | facing only short-term financial difficulties. Cite as: 55 U. S. (2008) 9 SOUTER, J., dissenting The law allows these voters who lack the necessary ID to sign the poll book and cast a provisional ballot. See 58 F. Supp. 2d, at 78 ). As the lead opinion recognizes, though, ante, at that is only the first step; to have t... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | every signature matched the one on file; and 2 of the 2 voters whose ballots were not counted had a history of voting in Marion County elections. See All of this suggests that provisional ballots do not obvi- ate the burdens of getting photo identification. And even if that were not so, the provisional-ballot option wo... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | take into account: individuals who have died but whose Indiana driver’s license or identi- fication cards have not expired; individuals who have moved outside the state and no longer consider themselves Indiana residents but who still retain a valid Indiana license or identification card; individuals who have moved int... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | is relevant at all. 2 Although the lead opinion expresses confidence that the percentage of voters without the necessary photo ID will steadily decrease, see ante, at n. and suggests that the number may already have dropped, see ante, at 18, n. 20, there is reason to be less sanguine. See ACLU Sues To Halt License Revo... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | why in Dunn v. Blumstein, 05 U.S. 0 the Court did not ask whether any significant number of individuals deprived of the right to vote by durational residence requirements would actually have chosen to vote. And in Harper v. Virginia Bd. of Elections, 8 U.S. (19), the Court did not pause to consider whether any of the q... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | to establish his claims beyond mathematical doubt, he does enough to show that serious burdens are likely. Thus, petitioners’ case is clearly strong enough to prompt more than a cursory examination of the State’s asserted interests. And the fact that Indiana’s photo identification requirement is one of the most restric... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | Texas Elec. Code Ann. §§.001–.009 ; §.0101 ; Wash. Rev. Code §29A.205 or allow voters lacking identification to cast a regular ballot upon signing an affidavit (or providing additional identifying information), see – 21 ; Del. Code Ann., Tit. §97 ; – 1 ( Cum. Supp.); La. Rev. Stat. Ann. §18:52 (West Supp. 2008); Mich. ... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | make it necessary to burden the plaintiff’s rights.” at (internal quota- tion marks omitted). As the lead opinion sees it, the State has offered four related concerns that suffice to justify the Voter ID Law: modernizing election procedures, combating voter fraud, addressing the consequences of the State’s bloated vote... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | at 79; of registered voters voting more than once (but maintaining their own identities) in different counties or in different States; of felons and other disquali- fied individuals voting in their own names; of vote buying; or, for that matter, of ballot-stuffing, ballot miscounting, voter intimidation, or any other t... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | likely type of fraud to be discovered.” U. S. Election Assistance Commission, Election Crimes: An Initial Re- —————— 28 The lack of evidence of in-person voter impersonation fraud is not for failure to search. See, e.g., Lipton & Urbina, In 5-Year Effort, Scant Evidence of Voter Fraud, N. Y. Times, Apr. 12, p. A1 (“Fiv... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | “shall be fined not more than $10,000 or imprisoned not more than five years, or both”). And even if he succeeds, the imposter gains nothing more than one additional vote for his candidate. See EAC Report 9 (in- person voter impersonation “is an inefficient method of influencing an election”); J. Levitt, The Truth abou... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | because, in the words of its BMV, “visual inspection is not adequate to determine the authenticity” of driver’s licenses. See Indiana BMV, su- pra, n. 0. Indeed, the BMV explains that the digital watermarks (which can be scanned using equipment that, so far, Indiana does not use at polling places) is needed to “tak[e] ... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | evidence of fraud, it would also ignore the lessons of history to grant the State’s interest more than modest weight, as the interest in combating voter fraud has too often served as a cover for unnecessarily restrictive electoral rules. See F. Ogden, The Poll Tax in the South 9 (1958) (“In Arkansas and Texas, the argu... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | Times, Sept. 2, 2005, p. A19. Although Indiana claims to have adopted its ID require- ment relying partly on the Carter-Baker Report, see Brief for Respondents in No. 07–25, pp. 5, 1, 9; see also ante, Cite as: 55 U. S. (2008) 25 SOUTER, J., dissenting at 10 (lead opinion), the State conspicuously rejected the Report’s... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | fails; it back- fires, in implicitly conceding that a not-insignificant num- ber of individuals will need to rely on the burdensome provisional-ballot mechanism. What is more, as the Dis- trict Court found, the Voter ID Law itself actually in- creases the likelihood of delay at the polls. Since any minor discrepancy be... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | arises from its bloated voter checklist, the answer to the problem is in the State’s own hands. The claim that the State has an inter- est in addressing a symptom of the problem (alleged im- personation) rather than the problem itself (the negli- gently maintained bloated rolls) is thus self-defeating; it shows that th... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | not plausible to assume here, with no evidence of in-person voter imper- sonation fraud in a State, and very little of it nationwide, that a public perception of such fraud is nevertheless “inherent” in an election system providing severe criminal penalties for fraud and mandating signature checks at the polls. at 90 (... |
Justice Souter | 2,008 | 20 | dissenting | Crawford v. Marion County Election Bd. | https://www.courtlistener.com/opinion/145813/crawford-v-marion-county-election-bd/ | within 10 days of every election, likewise translate into unjustified economic 0 CRAWFORD v. MARION COUNTY ELECTION BD. SOUTER, J., dissenting burdens uncomfortably close to the outright $1.50 fee we struck down 2 years ago. Like that fee, the onus of the Indiana law is illegitimate just because it correlates with no s... |
Justice Ginsburg | 2,009 | 5 | majority | Rivera v. Illinois | https://www.courtlistener.com/opinion/145895/rivera-v-illinois/ | This case concerns the consequences of a state trial court’s erroneous denial of a defendant’s peremptory chal lenge to the seating of a juror in a criminal case. If all seated jurors are qualified and unbiased, does the Due Process Clause of the Fourteenth Amendment nonetheless require automatic reversal of the defend... |
Justice Ginsburg | 2,009 | 5 | majority | Rivera v. Illinois | https://www.courtlistener.com/opinion/145895/rivera-v-illinois/ | three peremptory challenges. Two of the three were exercised against women; one of the two women thus eliminated was African-American. Illinois law affords each side seven peremptory challenges. See Ill. Sup. Ct. Rule 434(d) (West Cite as: 556 U. S. (2009) 3 Opinion of the Court ). Rather than dismissing Gomez, the tri... |
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