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Apr 20 1983 (FN)

PG and E Vs. State Energy Comm'n

Court : US Supreme Court

PG & E v. State Energy Comm'n - 461 U.S. 190 (1983) U.S. Supreme Court PG & E v. State Energy Comm'n, 461 U.S. 190 (1983) Pacific Gas & Electric Co. v. State Energy Resources Conservation and Development Commission No. 81-1945 Argued January 17, 1983 Decided April 20, 1983 461 U.S. 190 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Section 25524.1(b) of the California Public Resources Code provides that before a nuclear powerplant may be built, the State Energy Resources Conservation and Development Commission must determine on a case-by-case basis that there will be "adequate capacity" for interim storage of the plant's spent fuel at the time the plant requires such storage. Section 25524.2 imposes a moratorium on the certification of new nuclear plants until the State Commission finds that there has been developed, and that the United States through its authorized agency has approved, a demonstrated technology or means for the permanent a...

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Jul 05 1983 (FN)

Marsh Vs. Chambers

Court : US Supreme Court

Marsh v. Chambers - 463 U.S. 783 (1983) U.S. Supreme Court Marsh v. Chambers, 463 U.S. 783 (1983) Marsh v. Chambers No. 82-23 Argued April 20, 1983 Decided July 5, 1983 463 U.S. 783 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The Nebraska Legislature begins each of its sessions with a prayer by a chaplain paid by the State with the legislature's approval. Respondent member of the Nebraska Legislature brought an action in Federal District Court, claiming that the legislature's chaplaincy practice violates the Establishment Clause of the First Amendment, and seeking injunctive relief. The District Court held that the Establishment Clause was not breached by the prayer, but was violated by paying the chaplain from public funds, and accordingly enjoined the use of such funds to pay the chaplain. The Court of Appeals held that the whole chaplaincy practice violated the Establishment Clause, and accordingly prohibited the State from engaging i...

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Dec 10 2003 (FN)

McConnell Vs. Federal Election Comm'n

Court : US Supreme Court

McConnell v. Federal Election Comm'n - 02-1674 (2003) SYLLABUS OCTOBER TERM, 2003 MCCONNELL V. FEDERAL ELECTION COMM'N SUPREME COURT OF THE UNITED STATES McCONNELL, UNITED STATES SENATOR, et al. v. FEDERAL ELECTION COMMISSION et al. appeal from the united states district court for the district of columbia No. 021674. Argued September 8, 2003Decided December 10, 2003 The Bipartisan Campaign Reform Act of 2002 (BCRA), which amended the Federal Election Campaign Act of 1971 (FECA), the Communications Act of 1934, and other portions of the United States Code, is the most recent of nearly a century of federal enactments designed to purge national politics of what [is] conceived to be the pernicious influence of big money campaign contributions. United States v. Automobile Workers, 352 U. S. 567 , 572. In enacting BCRA, Congress sought to address three important developments in the years since this Courts landmark decision in Buckley v. Valeo, 424 U. S. 1 (per curiam): ...

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Mar 26 1962 (FN)

Baker Vs. Carr

Court : US Supreme Court

Baker v. Carr - 369 U.S. 186 (1962) U.S. Supreme Court Baker v. Carr, 369 U.S. 186 (1962) Baker v. Carr No. 6 Argued April 19-20, 1961 Set for reargument May 1, 1961 Reargued October 9, 1961 Decided March 26, 1962 369 U.S. 186 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE Syllabus Appellants are persons allegedly qualified to vote for members of the General Assembly of Tennessee representing the counties in which they reside. They brought suit in a Federal District Court in Tennessee under 42 U.S.C. 1983 and 1988, on behalf of themselves and others similarly situated, to redress the alleged deprivation of their federal constitutional rights by legislation classifying voters with respect to representation in the General Assembly. They alleged that, by means of a 1901 statute of Tennessee arbitrarily and capriciously apportioning the seats in the General Assembly among the State's 95 counties, and a failure to reapportion them subsequent...

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Jun 04 1990 (FN)

Board of Educ. Vs. Mergens

Court : US Supreme Court

Board of Educ. v. Mergens - 496 U.S. 226 (1990) U.S. Supreme Court Board of Educ. v. Mergens, 496 U.S. 226 (1990) Board of Education of Westside Community Schools v. Mergens By and Through Mergens No. 88-1597 Argued Jan. 9, 1990 Decided June 4, 1990 496 U.S. 226 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Westside High School, a public secondary school that receives federal financial assistance, permits its students to join, on a voluntary basis, a number of recognized groups and clubs, all of which meet after school hours on school premises. Citing the Establishment Clause and a School Board policy requiring clubs to have faculty sponsorship, petitioner school officials denied the request of respondent Mergens for permission to form a Christian club that would have the same privileges and meet on the same terms and conditions as other Westside student groups, except that it would have no faculty sponsor. After the Board voted to uphold...

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Apr 23 1996 (FN)

Medtronic, Inc. Vs. Lohr

Court : US Supreme Court

Medtronic, Inc. v. Lohr - 518 U.S. 470 (1996) OCTOBER TERM, 1995 Syllabus MEDTRONIC, INC. v. LOHR ET VIR CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 95-754. Argued April 23, 1996-Decided June 26,1996* Enacted "to provide for the safety and effectiveness of medical devices intended for human use," the Medical Device Amendments of 1976 (MDA or Act) classifies such devices based on the risk that they pose to the public. Class III devices pose the greatest risk and, thus, are subject to a rigorous premarket approval (PMA) process. However, most Class III devices on the market have not been through the PMA process due to two statutory exceptions. Realizing that existing devices could not be withdrawn from the market while the Food and Drug Administration (FDA) completed PMA analyses, Congress included a provision allowing pre-1976 devices to remain on the market without FDA approval until the requisite PMA is completed. The Act also permits devices...

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Jan 08 1997 (FN)

Washington Vs. Glucksberg

Court : US Supreme Court

Washington v. Glucksberg - 521 U.S. 702 (1997) OCTOBER TERM, 1996 Syllabus WASHINGTON ET AL. v. GLUCKSBERG ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-110. Argued January 8, 1997-Decided June 26,1997 It has always been a crime to assist a suicide in the State of Washington. The State's present law makes "[p]romoting a suicide attempt" a felony, and provides: "A person is guilty of [that crime] when he knowingly causes or aids another person to attempt suicide." Respondents, four Washington physicians who occasionally treat terminally ill, suffering patients, declare that they would assist these patients in ending their lives if not for the State's assisted-suicide ban. They, along with three gravely ill plaintiffs who have since died and a nonprofit organization that counsels people considering physician-assisted suicide, filed this suit against petitioners, the State and its Attorney General, seeking a declaration that the ban is, on ...

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Jun 28 2001 (FN)

Lorillard Tobacco Co. Vs. Reilly

Court : US Supreme Court

Lorillard Tobacco Co. v. Reilly - 533 U.S. 525 (2001) OCTOBER TERM, 2000 Syllabus LORILLARD TOBACCO CO. ET AL. v. REILLY, ATTORNEY GENERAL OF MASSACHUSETTS, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 00-596. Argued April 25, 200l-Decided June 28, 2001* Mter the Attorney General of Massachusetts (Attorney General) promulgated comprehensive regulations governing the advertising and sale of cigarettes, smokeless tobacco, and cigars, petitioners, a group of tobacco manufacturers and retailers, filed this suit asserting, among other things, the Supremacy Clause claim that the cigarette advertising regulations are pre-empted by the Federal Cigarette Labeling and Advertising Act (FCLAA), which prescribes mandatory health warnings for cigarette packaging and advertising, 15 U. S. C. 1333, and pre-empts similar state regulations, 1334(b); and a claim that the regulations violate the First and Fourteenth Amendments to the Federal Constitution. In...

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Jun 26 1974 (FN)

Wolff Vs. Mcdonnell

Court : US Supreme Court

Wolff v. McDonnell - 418 U.S. 539 (1974) U.S. Supreme Court Wolff v. McDonnell, 418 U.S. 539 (1974) Wolff v. McDonnell No. 73-679 Argued April 22, 1974 Decided June 26, 1974 418 U.S. 539 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Respondent, on behalf of himself and other inmates at a Nebraska prison, filed a complaint for damages and injunctive relief under 42 U.S.C. 1983, in which he alleged that disciplinary proceedings at the prison violated due process; that the inmate legal assistance program did not meet constitutional standards; and that the regulations governing inmates' mail were unconstitutionally restrictive. After an evidentiary hearing, the District Court granted partial relief. Though rejecting respondent's procedural due process claim, the court held that the prison's policy of inspecting all attorney-prisoner mail was improper, but that restrictions on inmate legal assistance were not constitutionally defective. The Co...

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Jul 02 1984 (FN)

Fcc Vs. League of Women Voters

Court : US Supreme Court

FCC v. League of Women Voters - 468 U.S. 364 (1984) U.S. Supreme Court FCC v. League of Women Voters, 468 U.S. 364 (1984) Federal Communications Commission v. League of Women Voters of California No. 82-912 Argued January 16, 1984 Decided July 2, 1984 468 U.S. 364 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Syllabus The Public Broadcasting Act of 1967 (Act) established the Corporation for Public Broadcasting (CPB), a nonprofit corporation, to disburse federal funds to noncommercial television and radio stations in support of station operations and educational programming. Section 399 of the Act forbids any noncommercial educational station that receives a grant from the CPB to "engage in editorializing." Appellees (Pacifica Foundation, a nonprofit corporation that owns and operates several noncommercial educational broadcasting stations that receive grants from the CPB, the League of Women Voters of California, and an individual list...

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