Court : US Supreme Court
..... florida prepaid , 527 u. s., at 647. footnote 11 raines is inapposite in any event. the court there considered the constitutionality of the civil rights act of 1957 a statute designed to enforce the fifteenth amendment whose narrowly tailored substantive provisions could unquestionably be applied to state actors (like the respondents therein). 362 u. s ..... whether title ii substantively redefines the right of access to the courts. footnote 19 in raines , a state subject to suit under the civil rights act of 1957 contended that the law exceeded congress power to enforce the fifteenth amendment because it prohibited any person, and not just state actors, from interfering with ..... . the first question is easily answered in this case. the act specifically provides: a state shall not be immune under the eleventh amendment to the constitution of the united states from an action in federal or state court of competent jurisdiction for a violation of this chapter. 42 u. s. c. 12202. as in garrett , .....
Tag this Judgment!Court : US Supreme Court
..... need not acquire control of another company in order to violate the clayton act. see, e.g., united states v. du pont & co., 353 u. s. 586 ; american crystal sugar co. v. cuban-american sugar co., 152 f.supp. 387 (d.c.s.d.n.y.1957), aff'd, 259 f.2d 524 (c.a.2d cir.1958). ..... section 7 proscribes acquisition of "any part" of a company's stock where the effect "may be substantially to lessen competition, or to tend to create a monopoly." moreover, the purpose of 5 is significantly different from that of the clayton act. section 5 ..... : "(a) authority to enforce compliance with . . . [ 7] by the persons respectively subject thereto is vested in the interstate commerce commission where applicable to common carriers subject to the interstate commerce act, as amended. . . . (h) whenever the commission . . . shall have reason to believe that any person is violating . . . [ 7], it shall issue . . . a complaint . . . containing a notice of a hearing. . .....
Tag this Judgment!Court : US Supreme Court
..... social security administration (ssa), both initially and on reconsideration at the regional level, denied the applications on the basis of the duration of relationship requirements of the social security act (act), 42 u.s.c. 416(c)(5) and (e)(2) (1970 ed. and supp. iii), which define "widow" and "child" so as to ..... administrator, page 422 u. s. 796 but upon what is a decision "under" a statute. but more significantly, the statute construed in johnson had, between 1957 and 1970, read in part: "[d]ecisions of the administrator on any question of law or fact concerning a claim for benefits or payments under any law administered ..... include not only the classes which appellees represent, [ footnote 13 ] but also claimants in other programs for which page 422 u. s. 782 the social security act imposes duration of relationship requirements. [ footnote 14 ] not only does the prophylactic approach thus obviate the necessity for large numbers of individualized determinations, but it also protects .....
Tag this Judgment!Court : US Supreme Court
..... teach, what may be taught, how it shall be taught, and who may be admitted to study." sweezy v. new hampshire, 354 u. s. 234 , 354 u. s. 263 (1957) (frankfurter, j., concurring in result); see university of california regents v. bakke, 438 u. s. 265 , 438 u. s. 312 -313 (1978) (opinion of powell, j., ..... constituted protected "speech." rather, the dissent seems to attempt a distinction between the kinds of religious speech explicitly protected by our cases and a new class of religious "speech act[s]," post at 454 u. s. 285 , constituting "worship." there are at least three difficulties with this distinction. first, the dissent fails to establish that the ..... it is financing or otherwise supporting religious worship -- in maintaining a definitive separation between church and state -- is such an end. that the state truly does mean to act toward this end is amply supported by the treatment of religion in the state constitution. [ footnote 3/8 ] thus, i believe the interest of the state is .....
Tag this Judgment!Court : US Supreme Court
..... makes periodic contributions to any fund during the period of active service; instead, retired pay is funded by annual appropriations. military retirement hearings, at 5. in contrast, since 1957, military personnel have been required to contribute to the social security system. pub.l. 84-881, 70 stat. 870. see 42 u.s.c. 410( 1 ..... current or as deferred compensation. [ footnote 16 ] the statutory language is straightforward: page 453 u. s. 224 "a member of the army retired under this chapter is entitled to retired pay. . . ." 10 u.s. c 3929. in hisquierdo, 439 u.s. at 439 u. s. 584 , we emphasized that, under ..... 's point was that congress had provided some community property rights and made a conscious decision to provide no more: "congress carefully targeted the benefits created by the railroad retirement act. it even embodied a community concept to an extent. . . . congress purposefully abandoned that theory, however, in allocating benefits upon absolute divorce. . . . the choice .....
Tag this Judgment!Court : US Supreme Court
..... . congress learned from experience that laws targeting particular electoral practices or enabling case-by-case litigation were inadequate to the task. in the civil rights acts of 1957, 1960, and 1964, congress authorized and then expanded the power of the attorney general to seek injunctions against public and private interference with the right to ..... 16 percent. s. rep. no. 109 295, at 13. there is no doubt that these improvements are in large part because of the voting rights act. the act has proved immensely successful at redressing racial discrimination and integrating the voting process. see 2(b)(1), 120stat. 577. during the freedom summer of 1964, ..... vote on racial grounds. katzenbach, 383 u. s., at 313. but circumstances reduced the ameliorative potential of these legislative acts: voting suits are unusually onerous .....
Tag this Judgment!Court : US Supreme Court
..... a successful invader . . . insists on a change, is it necessary to draw up a code." ibid. [ footnote 6 ] coke interpreted certain language of an earlier chapter of the same statute as specifically indicating that court proceedings were to be public in nature: "these words [ in curia domini regis ] are of great importance, for all ..... cuba v. sabbatino, 376 u. s. 398 (1964); textile workers v. lincoln mills, 353 u. s. 448 , 353 u. s. 456 -457 (1957); p. areeda, antitrust analysis 45-46 (2d ed.1974) ("sherman act [is] . . . a general authority to do what common law courts usually do: to use certain customary techniques of judicial reasoning . . . and to ..... , inc., 338 u. s. 912 , 338 u. s. 920 (1950) (opinion of frankfurter, j., respecting denial of certiorari). more importantly, public access to trials acts as an important check, akin in purpose to the other checks and balances that infuse our system of government. "the knowledge that every criminal trial is subject to contemporaneous review .....
Tag this Judgment!Court : US Supreme Court
..... u. s. 501 (1975)). see 441 u.s. at 441 u. s. 112 . cf. conley v. gibson, 355 u. s. 41 , 355 u. s. 45 -46 (1957). [ footnote 2/2 ] as i have recognized in n. 1, supra, we must accept as true the factual allegations made by the respondents. it nonetheless should be noted that significant ..... [respondents'] approach would have the federal courts as virtually continuing monitors of the wisdom and soundness of executive action; such a role is appropriate for the congress, acting through its committees and the 'power of the purse;' it is not the role of the judiciary, absent actual present or immediately threatened injury resulting from unlawful governmental ..... we held that plaintiffs had not alleged a judicially cognizable injury. "[a]ssertion of a right to a particular kind of government conduct, which the government has violated by acting differently, cannot alone satisfy the requirements of art. iii without draining those requirements of meaning." 454 u.s. at 454 u. s. 483 . see also united .....
Tag this Judgment!Court : US Supreme Court
..... paragraph discussing legislative history, post, p. 267. deputy solicitor general clement argued the cause for petitioners. with him on the briefs were solicitor general olson, acting solicitor general underwood, acting assistant attorney general schiffer, deputy solicitor general kneedler, irving l. gornstein, barbara l. herwig, and jacob m. lewis. h. louis sirkin argued the ..... instincts of a decent people. in 245 its legislative findings, congress recognized that there are subcultures of persons who harbor illicit desires for children and commit criminal acts to gratify the impulses. see congressional findings, notes following 2251; see also u. s. dept. of health and human services, administration on children, youth ..... sable communications of cal., inc. v. fcc, 492 u. s. 115 (1989). in butler v. michigan, 352 u. s. 380 , 381 (1957), the court invalidated a statute prohibiting distribution of an indecent publication because of its tendency to " 'incite minors to violent or depraved or immoral .....
Tag this Judgment!Court : US Supreme Court
..... for registration for three (3) months by the date of the next succeeding election shall be entitled to permanently register as voters under the provisions of this chapter provided, however, that registration or re-registration shall not be permitted within thirty (30) days of any primary or general election provided for by statute. if ..... v. virginia board of elections, 383 u. s. 663 (1966), and graham v. richardson, 403 u. s. 365 (1971), with morey v. doud, 354 u. s. 457 (1957), and allied stores of ohio v. bowers, 358 u. s. 522 (1959). [ footnote 7 ] appellants also rely on pope v. williams, 193 u. s. 621 (1904). carefully ..... revision commission, title 2 -- election laws, tentative draft of october 1971, 222 and comment. see n 22, infra. [ footnote 19 ] in the voting rights act amendments of 1970, congress abolished durational residence requirements as a precondition to voting in presidential and vice-presidential elections, and prohibited the states from cutting off registration more than .....
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