Court : UK Supreme Court
LORD DYSON Introduction These two cases raise a number of important issues in relation to the detention pending deportation of foreign national prisoners ("FNPs") following the completion of their sentences of imprisonment. Section 3(5)(a) of the Immigration Act 1971 ("the 1971 Act") provides that a person who is not a British citizen is liable to deportation from the United Kingdom if the Secretary of State "deems his deportation to be conducive to the public good". Schedule 3 to the 1971 Act provides in certain specified circumstances for the detention of such a person pending his deportation. Walumba Lumba is a citizen of the Democratic Republic of Congo ("DRC") who entered the UK on 10 April 1994. He was convicted of a number of offences culminating in an offence of wounding with intent for which he was sentenced to 4 years' imprisonment on 12 January 2004. On 3 April 2006, the Secretary of State informed Mr Lumba of his intention to deport him under section 3(5)(a) of the 1971 A...
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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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Island Trees Sch. Dist. v. Pico by Pico - 457 U.S. 853 (1982) U.S. Supreme Court Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982) Board of Education, Island Trees Union Free School District No. 26 v. Pico by Pico No. 80-2043 Argued March 2, 1982 Decided June 25, 1982 457 U.S. 853 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner Board of Education, rejecting recommendations of a committee of parents and school staff that it had appointed, ordered that certain books, which the Board characterized as "anti-American, anti-Christian, anti-Sem[i]tic, and just plain filthy," be removed from high school and junior high school libraries. Respondent students then brought this action for declaratory and injunctive relief under 42 U.S.C. 1983 against the Board and petitioner Board members, alleging that the Board's actions had denied respondents their rights under the First Amendment. The District Court granted summary judgment i...
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Lutheran Church v. County of Los Angeles - 482 U.S. 304 (1987) U.S. Supreme Court Lutheran Church v. County of Los Angeles, 482 U.S. 304 (1987) First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, California No. 85-1199 Argued January 14, 1987 Decided June 9, 1987 482 U.S. 304 APPEAL FROM THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT Syllabus In 1957, appellant church purchased land on which it operated a campground, known as "Lutherglen," as a retreat center and a recreational area for handicapped children. The land is located in a canyon along the banks of a creek that is the natural drainage channel for a watershed area. In 1978, a flood destroyed Lutherglen's buildings. In response to the flood, appellee Los Angeles County, in 1979, adopted an interim ordinance prohibiting the construction or reconstruction of any building or structure in an interim flood protection area that included the land on which Lutherglen had stood. Sho...
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Dole v. United Steelworkers - 494 U.S. 26 (1990) U.S. Supreme Court Dole v. United Steelworkers, 494 U.S. 26 (1990) Dole v. United Steelworkers of America No. 88-1434 Argued Nov. 6, 1989 Decided Feb. 21, 1990 494 U.S. 26 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Pursuant to the Occupational Safety and Health Act of 1970, petitioner Department of Labor (DOL) promulgated a Hazard Communications Standard, which imposed disclosure requirements on manufacturers aimed at ensuring that their employees were informed of the potential hazards posed by chemicals in the workplace. Among other things, the Standard required the manufacturers to label hazardous chemical containers, conduct training on the chemicals' dangers, and make available to employees safety data sheets on the chemicals. Respondents and others challenged the Standard in the Court of Appeals. The court held that the Occupational Safety and Health Administration (OSHA) had not adeq...
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Freytag v. Commissioner - 501 U.S. 868 (1991) U.S. Supreme Court Freytag v. Commissioner, 501 U.S. 868 (1991) Freytag v. Commissioner No. 90-762 Argued April 23, 1991 Decided June 27, 1991 501 U.S. 868 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus The Chief Judge of the United States Tax Court, an Article I court composed of 19 judges appointed by the President, is authorized to appoint special trial judges, 26 U.S.C. 7443A(a), and to assign to them certain specified proceedings, 7443A(b)(1), (2), and (3), and "any other proceeding which the chief judge may designate," 7443A(b)(4). As to subsection (b)(4) proceedings, the special trial judge may hear the case and prepare proposed findings and an opinion, but the actual decision is rendered by a Tax Court judge, 7443A(c). When petitioners sought review in the Tax Court of determinations of approximately $1.5 billion in federal income tax deficiencies, their cases were assigned to a Tax C...
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Planned Parenthood of Southeastern Pa. v. Casey - 505 U.S. 833 (1992) OCTOBER TERM, 1991 Syllabus PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA ET AL. v. CASEY, GOVERNOR OF PENNSYLVANIA, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 91-744. Argued April 22, 1992-Decided June 29, 1992* At issue are five provisions of the Pennsylvania Abortion Control Act of 1982: 3205, which requires that a woman seeking an abortion give her informed consent prior to the procedure, and specifies that she be provided with certain information at least 24 hours before the abortion is performed; 3206, which mandates the informed consent of one parent for a minor to obtain an abortion, but provides a judicial bypass procedure; 3209, which commands that, unless certain exceptions apply, a married woman seeking an abortion must sign a statement indicating that she has notified her husband; 3203, which defines a "medical emergency" that will excuse compliance w...
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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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Ysursa v. Pocatello Ed. Assn. - 07-869 (2009) SYLLABUS OCTOBER TERM, 2008 YSURSA V. POCATELLO ED. ASSN. SUPREME COURT OF THE UNITED STATES YSURSA, SECRETARY OF STATE OF IDAHO, etal. v . POCATELLO EDUCATION ASSOCIATION etal. certiorari to the united states court of appeals for the ninth circuit No. 07869.Argued November 3, 2008Decided February 24, 2009 Idahos Right to Work Act permits public employees to authorize payroll deductions for general union dues, but prohibits such deductions for union political activities. Respondentsa group of Idaho public employee unionssued, alleging that the ban on payroll deductions for political activities violated the First and Fourteenth Amendments. The District Court upheld the ban at the state level, but struck it down as it applies to local governments. In affirming, the Ninth Circuit stated that, while Idaho has the ultimate control over local governmental units, it did not actually operate or control their payroll deduction systems. Th...
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McCleskey v. Kemp - 481 U.S. 279 (1987) U.S. Supreme Court McCleskey v. Kemp, 481 U.S. 279 (1987) McCleskey v. Kemp No. 84-6811 Argued October 15, 1986 Decided April 22, 1987 481 U.S. 279 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus In 1978, petitioner, a black man, was convicted in a Georgia trial court of armed robbery and murder, arising from the killing of a white police officer during the robbery of a store. Pursuant to Georgia statutes, the jury at the penalty hearing considered the mitigating and aggravating circumstances of petitioner's conduct, and recommended the death penalty on the murder charge. The trial court followed the recommendation, and the Georgia Supreme Court affirmed. After unsuccessfully seeking postconviction relief in state courts, petitioner sought habeas corpus relief in Federal District Court. His petition included a claim that the Georgia capital sentencing process was administered in a racially discrimina...
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