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Jun 28 2004 (FN)

Hamdi Vs. Rumsfeld

Court : US Supreme Court

Hamdi v. Rumsfeld - 03-6696 (2004) SYLLABUS OCTOBER TERM, 2003 HAMDI V. RUMSFELD SUPREME COURT OF THE UNITED STATES HAMDI et al. v. RUMSFELD, SECRETARY OF DEFENSE, et al. certiorari to the united states court of appeals for the fourth circuit No. 036696. Argued April 28, 2004Decided June 28, 2004 After Congress passed a resolutionthe Authorization for Use of Military Force (AUMF)empowering the President to use all necessary and appropriate force against nations, organizations, or persons that he determines planned, authorized, committed, or aided in the September 11, 2001, al Qaeda terrorist attacks, the President ordered the Armed Forces to Afghanistan to subdue al Qaeda and quell the supporting Taliban regime. Petitioner Hamdi, an American citizen whom the Government has classified as an enemy combatant for allegedly taking up arms with the Taliban during the conflict, was captured in Afghanistan and presently is detained at a naval brig in Charleston, S.C. Hamdis father f...

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Apr 28 2004 (FN)

Vieth Vs. Jubelirer

Court : US Supreme Court

Vieth v. Jubelirer - 02-1580 (2004) SYLLABUS OCTOBER TERM, 2003 VIETH V. JUBELIRER SUPREME COURT OF THE UNITED STATES VIETH et al. v. JUBELIRER, PRESIDENT OF THE PENNSYLVANIA SENATE, et al. appeal from united states district court for the middle district of pennsylvania No. 021580. Argued December 10, 2003Decided April 28, 2004 After Pennsylvanias General Assembly adopted a congressional redistricting plan, plaintiffs-appellants sued to enjoin the plans implementation, alleging, inter alia, that it constituted a political gerrymander in violation of Article I and the Fourteenth Amendments Equal Protection Clause. The three-judge District Court dismissed the gerrymandering claim, and the plaintiffs appealed. Held: The judgment is affirmed. 241 F.Supp. 2d 478, affirmed. Justice Scalia, joined by The Chief Justice, Justice OConnor, and Justice Thomas, concluded that political gerrymandering claims are nonjusticiable because no judicially discernible and manageable standar...

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Feb 23 2005 (FN)

Johnson Vs. California

Court : US Supreme Court

Johnson v. California - 03-636 (2005) SYLLABUS OCTOBER TERM, 2004 JOHNSON V. CALIFORNIA SUPREME COURT OF THE UNITED STATES JOHNSON v. CALIFORNIA etal. certiorari to the united states court of appeals for the ninth circuit No. 03636.Argued November 2, 2004Decided February 23, 2005 The California Department of Corrections (CDC) unwritten policy of racially segregating prisoners in double cells for up to 60 days each time they enter a new correctional facility is based on the asserted rationale that it prevents violence caused by racial gangs. Petitioner Johnson, an African-American inmate who has been intermittently double-celled under the policys terms ever since his 1987 incarceration, filed this suit alleging that the policy violates his Fourteenth Amendment right to equal protection. The District Court ultimately granted defendant former CDC officials summary judgment on grounds that they were entitled to qualified immunity. The Ninth Circuit affirmed, holding that the pol...

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Jun 29 2006 (FN)

Hamdan Vs. Rumsfeld

Court : US Supreme Court

Hamdan v. Rumsfeld - 05-184 (2006) SYLLABUS OCTOBER TERM, 2005 HAMDAN V. RUMSFELD SUPREME COURT OF THE UNITED STATES HAMDAN v . RUMSFELD, SECRETARY OF DEFENSE, etal. certiorari to the united states court of appeals for the district of columbia circuit No. 05184.Argued March 28, 2006Decided June 29, 2006 Pursuant to Congress Joint Resolution authorizing the President to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided the September 11, 2001, al Qaeda terrorist attacks (AUMF), U. S. Armed Forces invaded Afghanistan. During the hostilities, in 2001, militia forces captured petitioner Hamdan, a Yemeni national, and turned him over to the U. S. military, which, in 2002, transported him to prison in Guantanamo Bay, Cuba. Over a year later, the President deemed Hamdan eligible for trial by military commission for then-unspecified crimes. After another year, he was charged with conspiracy t...

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Jun 12 2008 (FN)

Boumediene Vs. Bush

Court : US Supreme Court

Boumediene v. Bush - 06-1195 (2008) SYLLABUS OCTOBER TERM, 2007 BOUMEDIENE V. BUSH SUPREME COURT OF THE UNITED STATES BOUMEDIENE etal. v . BUSH, PRESIDENT OF THE UNITED STATES, etal. certiorari to the united states court of appeals for the district of columbia circuit No. 061195.Argued December 5, 2007Decided June 12, 2008* In the Authorization for Use of Military Force (AUMF), Congress empowered the President to use all necessary and appropriate force against those he determines planned, authorized, committed, or aided the terrorist attacks on September 11, 2001. In Hamdi v. Rumsfeld , 542 U. S. 507 , 518, 588589, five Justices recognized that detaining individuals captured while fighting against the United States in Afghanistan for the duration of that conflict was a fundamental and accepted incident to war. Thereafter, the Defense Department established Combatant Status Review Tribunals (CSRTs) to determine whether individuals detained at the U. S. Naval Station at ...

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Jun 28 2012 (FN)

National Federation of Independent Business Vs. Sebelius

Court : US Supreme Court

Nat'l Fed'n of Indep. Bus. v. Sebelius NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321. SUPREME COURT OF THE UNITED STATES Syllabus NATIONAL FEDERATION OF INDEPENDENT BUSINESS etal. v. SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, etal. certiorari to the united states court of appeals for the eleventh circuit No. 11393.Argued March 26, 27, 28, 2012Decided June 28, 2012[ 1 ] In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain minimum essential healt...

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Jun 28 1978 (FN)

Regents of Univ. of California Vs. Bakke

Court : US Supreme Court

Regents of Univ. of California v. Bakke - 438 U.S. 265 (1978) U.S. Supreme Court Regents of Univ. of California v. Bakke, 438 U.S. 265 (1978) Regents of the University of California v. Bakke No. 7811 Argued October 12, 1977 Decided June 28, 1978 438 U.S. 265 CERTIORARI TO THE SUPREME COURT OF CALIFORNIA Syllabus The Medical School of the University of California at Davis (hereinafter Davis) had two admissions programs for the entering class of 100 students -- the regular admissions program and the special admissions program. Under the regular procedure, candidates whose overall undergraduate grade point averages fell below 2.5 on a scale of 4.0 were summarily rejected. About one out of six applicants was then given an interview, following which he was rated on a scale of 1 to 100 by each of the committee members (five in 1973 and six in 1974), his rating being based on the interviewers' summaries, his overall grade point average, his science courses grade point average, his ...

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Jul 05 1984 (FN)

United States Vs. Leon

Court : US Supreme Court

United States v. Leon - 468 U.S. 897 (1984) U.S. Supreme Court United States v. Leon, 468 U.S. 897 (1984) United States v. Leon No. 82-1771 Argued January 17, 1984 Decided July 5, 1984 468 U.S. 897 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Acting on the basis of information from a confidential informant, officers of the Burbank, Cal., Police Department initiated a drug-trafficking investigation involving surveillance of respondents' activities. Based on an affidavit summarizing the police officers' observations, Officer Rombach prepared an application for a warrant to search three residences and respondents' automobiles for an extensive list of items. The application w as reviewed by several Deputy District Attorneys, and a facially valid search warrant was issued by a state court judge. Ensuing searches produced large quantities of drugs and other evidence. Respondents were indicted for federal drug offenses, and filed motions to suppr...

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Mar 18 1985 (FN)

Fec Vs. Ncpac

Court : US Supreme Court

FEC v. NCPAC - 470 U.S. 480 (1985) U.S. Supreme Court FEC v. NCPAC, 470 U.S. 480 (1985) Federal Election Commission v. National Conservative Political Action Committee No. 83-1032 Argued November 28, 1984 Decided March 18, 1985 * 470 U.S. 480 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Syllabus The Presidential Election Campaign Fund Act (Fund Act) offers the Presidential candidates of major political parties the option of receiving public financing for their general election campaigns. If the candidate elects public financing, the Act, in 26 U.S.C. 9012(f), makes it a criminal offense for an independent "political committee" to expend more than $1,000 to further that candidate's election. Believing that 9012(f) would prohibit appellee independent political committees' intended substantial expenditures in support of President Reagan's reelection in 1984, appellant Democratic Party and appellant Democratic National Committee (Dem...

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Apr 26 1995 (FN)

United States Vs. Lopez

Court : US Supreme Court

United States v. Lopez - 514 U.S. 549 (1995) OCTOBER TERM, 1994 Syllabus UNITED STATES v. LOPEZ CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 93-1260. Argued November 8, 1994-Decided April 26, 1995 Mter respondent, then a 12th-grade student, carried a concealed handgun into his high school, he was charged with violating the Gun-Free School Zones Act of 1990, which forbids "any individual knowingly to possess a firearm at a place that [he] knows ... is a school zone," 18 U. S. C. 922(q)(I)(A). The District Court denied his motion to dismiss the indictment, concluding that 922(q) is a constitutional exercise of Congress' power to regulate activities in and affecting commerce. In reversing, the Court of Appeals held that, in light of what it characterized as insufficient congressional findings and legislative history, 922(q) is invalid as beyond Congress' power under the Commerce Clause. Held: The Act exceeds Congress' Commerce Clause authority. ...

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