Court : US Supreme Court
Rutan v. Republican Party - 497 U.S. 62 (1990) U.S. Supreme Court Rutan v. Republican Party, 497 U.S. 62 (1990) Rutan v. Republican Party of Illinois Nos. 88-1872, 88-2074 Argued Jan. 16, 1990 Decided June 21, 1990 497 U.S. 62 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus The Illinois Governor issued an executive order instituting a hiring freeze, whereby state officials are prohibited from hiring any employee, filling any vacancy, creating any new position, or taking any similar action without the Governor's "express permission." Petitioners and cross-respondents -- an applicant for employment, employees who had been denied promotions or transfers, and former employees who had not been recalled after layoffs -- brought suit in the District Court, alleging that, by means of the freeze, the Governor was operating a political patronage system; that they had suffered discrimination in state employment because they had not been Republican Par...
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International Soc. for Krishna Consciousness, Inc. v. Lee - 505 U.S. 672 (1992) OCTOBER TERM, 1991 Syllabus INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC., ET AL. v. LEE, SUPERINTENDENT OF PORT AUTHORITY POLICE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 91-155. Argued March 25, 1992-Decided June 26,1992 The Port Authority of New York and New Jersey, which owns and operates three major airports in the New York City area and controls certain terminal areas at the airports (hereinafter terminals), adopted a regulation forbidding, inter alia, the repetitive solicitation of money within the terminals. However, solicitation is permitted on the sidewalks outside the terminal buildings. Petitioner International Society for Krishna Consciousness, Inc. (ISKCON), a not-for-profit religious corporation whose members, among other things, solicit funds in public places to support their movement, brought suit seeking declaratory and injunctive relief...
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Seminole Tribe of Fla. v. Florida - 517 U.S. 44 (1995) OCTOBER TERM, 1995 Syllabus SEMINOLE TRIBE OF FLORIDA v. FLORIDA ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 94-12. Argued October 11, 1995-Decided March 27,1996 The Indian Gaming Regulatory Act, passed by Congress pursuant to the Indian Commerce Clause, allows an Indian tribe to conduct certain gaming activities only in conformance with a valid compact between the tribe and the State in which the gaming activities are located. 25 U. S. C. 2710(d)(I)(C). Under the Act, States have a duty to negotiate in good faith with a tribe toward the formation of a compact, 2710(d)(3)(A), and a tribe may sue a State in federal court in order to compel performance of that duty, 2710(d)(7). In this 2710(d)(7) suit, respondents, Florida and its Governor, moved to dismiss petitioner Seminole Tribe's complaint on the ground that the suit violated Florida's sovereign immunity from suit in federal ...
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Wyeth v. Levine - 06-1249 (2009) SYLLABUS OCTOBER TERM, 2008 WYETH V. LEVINE SUPREME COURT OF THE UNITED STATES WYETH v . LEVINE certiorari to the supreme court of vermont No. 061249.Argued November 3, 2008Decided March 4, 2009 Petitioner Wyeth manufactures the antinausea drug Phenergan. After a clinician injected respondent Levine with Phenergan by the IV-push method, whereby a drug is injected directly into a patients vein, the drug entered Levines artery, she developed gangrene, and doctors amputated her forearm. Levine brought a state-law damages action, alleging, inter alia, that Wyeth had failed to provide an adequate warning about the significant risks of administering Phenergan by the IV-push method. The Vermont jury determined that Levines injury would not have occurred if Phenergans label included an adequate warning, and it awarded damages for her pain and suffering, substantial medical expenses, and loss of her livelihood as a professional musician. Declining t...
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Cannon v. University of Chicago - 441 U.S. 677 (1979) U.S. Supreme Court Cannon v. University of Chicago, 441 U.S. 677 (1979) Cannon v. University of Chicago No. 77-926. Argued January 9, 1979 Decided May 14, 1979 441 U.S. 677 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Section 901(a) of Title IX of the Education Amendments of 1972 (Title IX) provides in part that "[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." Petitioner instituted litigation in Federal District Court, alleging that she had been excluded from participation in the medical education programs of respondent private universities on the basis of her gender and that these programs were receiving federal financial assistance at the time of her exclusion. The District Court granted respon...
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Pennhurst State Sch. & Hosp. v. Halderman - 451 U.S. 1 (1981) U.S. Supreme Court Pennhurst State Sch. & Hosp. v. Halderman, 451 U.S. 1 (1981) Pennhurst State School and Hospital v. Halderman No. 79-1404 Argued December 8, 1980 Decided April 20, 1981 * 451 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus The Developmentally Disabled Assistance and Bill of Rights Act (Act) established a federal-state grant program whereby the Federal Government provides financial assistance to participating States to aid them in creating programs to care for and treat the developmentally disabled. The Act is voluntary, and the States are given the choice of complying with the conditions set forth in the Act or forgoing the benefits of federal funding. The "bill of rights" provision of the Act, 42 U.S.C. 6010(1) and(2), states that mentally retarded persons "have a right to appropriate treatment, services, and habilitation" in "the setting that is least ...
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Rendell-Baker v. Kohn - 457 U.S. 830 (1982) U.S. Supreme Court Rendell-Baker v. Kohn, 457 U.S. 830 (1982) Rendell-Baker v. Kohn No. 80-2102 Argued April 19, 1982 Decided June 25, 1982 457 U.S. 830 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Respondent school is a privately operated school for maladjusted high school students. In recent years, nearly all of the students have been referred to the school by city school committees under a Massachusetts statute or by a state agency. When the students are referred to the school by the city committees, these cities pay for the students' education. The school also receives funds from a number of state and federal agencies. Public funds have recently accounted for at least 90% of the school's operating budget. To be eligible for tuition funding under the state statute, the school must comply with a variety of state regulations, but these regulations impose few specific personnel requirements. Simi...
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Morrison v. Olson - 487 U.S. 654 (1988) U.S. Supreme Court Morrison v. Olson, 487 U.S. 654 (1988) Morrison v. Olson No. 87-1279 Argued April 26, 1988 Decided June 29, 1988 487 U.S. 654 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus This case presents the question of the constitutionality of the independent counsel provisions of the Ethics in Government Act of 1978 (Act). It arose when the House Judiciary Committee began an investigation into the Justice Department's role in a controversy between the House and the Environmental Protection Agency (EPA) with regard to the Agency's limited production of certain documents that had been subpoenaed during an earlier House Investigation. The Judiciary Committee's Report suggested that an official of the Attorney General's Office (appellee Olson) had given false testimony during the earlier EPA investigation, and that two other officials of that Office (appellees Schmults and Dinkins) ha...
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FTC v. Superior Ct. TLA - 493 U.S. 411 (1990) U.S. Supreme Court FTC v. Superior Ct. TLA, 493 U.S. 411 (1990) Federal Trade Commission v. Superior Court Trial Lawyers Association Nos. 88-1198, 88-1393 Argued Oct. 30, 1989 Decided Jan. 22, 1990 493 U.S. 411 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus A group of lawyers in private practice who regularly acted as court-appointed counsel for indigent defendants in District of Columbia criminal cases agreed at a meeting of the Superior Court Trial Lawyers Association (SCTLA) to stop providing such representation until the District increased group members' compensation. The boycott had a severe impact on the District's criminal justice system, and the District government capitulated to the lawyers' demands. After the lawyers returned to work, petitioner Federal Trade Commission (FTC) filed a complaint against SCTLA and four of its officers (respondents), alleging that they had e...
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Loving v. United States - 517 U.S. 748 (1996) OCTOBER TERM, 1995 Syllabus LOVING v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES No. 94-1966. Argued January 9, 1996-Decided June 3,1996 A general court-martial found petitioner Loving, an Army private, guilty of both premeditated murder and felony murder under Article 118 of the Uniform Code of Military Justice (UCMJ), 10 U. S. C. 918(1), (4). Finding three aggravating factors-(l) that the premeditated murder was committed during a robbery, Rule for Courts-Martial (RCM) 1004(c)(7)(B); (2) that Loving acted as the triggerman in the felony murder, RCM 1004(c)(8); and (3) that Loving, having been found guilty of the premeditated murder, had committed a second murder, also proved at his single trial, RCM 1004(c)(7)(J)-the court-martial sentenced Loving to death. The commander who convened the court-martial approved the findings and sentence. The United States Army Court of Military Review and ...
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