Court : US Supreme Court
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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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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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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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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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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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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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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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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Parents Involved in Community Schools v. Seattle School Dist. No. 1 - 05-908 (2007) SYLLABUS OCTOBER TERM, 2006 PARENTS INVOLVED IN COMMUNITY SCHOOLS V.SEATTLE SCHOOL DIST. NO. 1 SUPREME COURT OF THE UNITED STATES PARENTS INVOLVED IN COMMUNITY SCHOOLS v . SEATTLE SCHOOL DISTRICT NO. 1 etal. certiorari to the united states court of appeals for the ninth circuit No. 05908.Argued December 4, 2006Decided June 28, 2007 Respondent school districts voluntarily adopted student assignment plans that rely on race to determine which schools certain children may attend. The Seattle district, which has never operated legally segregated schools or been subject to court-ordered desegregation, classified children as white or nonwhite, and used the racial classifications as a tiebreaker to allocate slots in particular high schools. The Jefferson County, Ky., district was subject to a desegregation decree until 2000, when the District Court dissolved the decree after finding that the district...
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Morse v. Frederick - 06-278 (2007) SYLLABUS OCTOBER TERM, 2006 MORSE V. FREDERICK SUPREME COURT OF THE UNITED STATES MORSE etal. v . FREDERICK certiorari to the united states court of appeals for the ninth circuit No. 06278.Argued March 19, 2007Decided June 25, 2007 At a school-sanctioned and school-supervised event, petitioner Morse, the high school principal, saw students unfurl a banner stating BONG HiTS 4 JESUS, which she regarded as promoting illegal drug use. Consistent with established school policy prohibiting such messages at school events, Morse directed the students to take down the banner. When one of the students who had brought the banner to the eventrespondent Frederickrefused, Morse confiscated the banner and later suspended him. The school superintendent upheld the suspension, explaining, inter alia , that Frederick was disciplined because his banner appeared to advocate illegal drug use in violation of school policy. Petitioner school board also upheld th...
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