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...
Tag this Judgment!Court : US Supreme Court
United States v. Booker - 04-104 (2005) SYLLABUS OCTOBER TERM, 2004 UNITED STATES V. BOOKER SUPREME COURT OF THE UNITED STATES UNITED STATES v. BOOKER certiorari to the united states court of appeals for the seventh circuit No. 04104.Argued October 4, 2004Decided January 12, 2005 Under the Federal Sentencing Guidelines, the sentence authorized by the jury verdict in respondent Bookers drug case was 210-to-262 months in prison. At the sentencing hearing, the judge found additional facts by a preponderance of the evidence. Because these findings mandated a sentence between 360 months and life, the judge gave Booker a 30-year sentence instead of the 21-year, 10-month, sentence he could have imposed based on the facts proved to the jury beyond a reasonable doubt. The Seventh Circuit held that this application of the Guidelines conflicted with the Apprendi v. New Jersey, 530 U. S. 466 , 490, holding that [o]ther than the fact of a prior conviction, any fact that increases th...
Tag this Judgment!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...
Tag this Judgment!Court : US Supreme Court
Rapanos v. United States - 04-1034 (2006) SYLLABUS OCTOBER TERM, 2005 RAPANOS V. UNITED STATES SUPREME COURT OF THE UNITED STATES RAPANOS et ux., etal. v . UNITED STATES certiorari to the united states court of appeals for the sixth circuit No. 041034.Argued February 21, 2006Decided June 19, 2006 As relevant here, the Clean Water Act (CWA or Act) makes it unlawful to discharge dredged or fill material into navigable waters without a permit, 33 U. S.C. 1311(a), 1342(a), and defines navigable waters as the waters of the United States, including the territorial seas, 1362(7). The Army Corps of Engineers (Corps), which issues permits for the discharge of dredged or fill material into navigable waters, interprets the waters of the United States expansively to include not only traditional navigable waters, 33 CFR 328.3(a)(1), but also other defined waters, 328.3(a)(2), (3); [t]ributaries of such waters, 328.3(a)(5); and wetlands adjacent to such waters and tributaries, 328.3(a)(7)...
Tag this Judgment!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...
Tag this Judgment!Court : US Supreme Court
Massachusetts v. EPA - 05-1120 (2007) SYLLABUS OCTOBER TERM, 2006 MASSACHUSETTS V. EPA SUPREME COURT OF THE UNITED STATES MASSACHUSETTS etal. v . ENVIRONMENTAL PROTECTION AGENCY etal. certiorari to the united states court of appeals for the district of columbia circuit No. 051120.Argued November 29, 2006Decided April 2, 2007 Based on respected scientific opinion that a well-documented rise in global temperatures and attendant climatological and environmental changes have resulted from a significant increase in the atmospheric concentration of greenhouse gases, a group of private organizations petitioned the Environmental Protection Agency (EPA) to begin regulating the emissions of four such gases, including carbon dioxide, under 202(a)(1) of the Clean Air Act, which requires that the EPA shall by regulation prescribe standards applicable to the emission of any air pollutant from any class of new motor vehicles which in [the EPA Administrators] judgment cause[s], or contri...
Tag this Judgment!Court : US Supreme Court
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...
Tag this Judgment!Court : US Supreme Court
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...
Tag this Judgment!Court : US Supreme Court
Leegin Creative Leather Products, Inc. v. PSKS, Inc. - 06-480 (2007) SYLLABUS OCTOBER TERM, 2006 LEEGIN CREATIVE LEATHER PRODUCTS, INC. V.PSKS, INC. SUPREME COURT OF THE UNITED STATES LEEGIN CREATIVE LEATHER PRODUCTS, INC. v . PSKS, INC., dba KAYS KLOSET KAYS SHOES certiorari to the united states court of appeals for the fifth circuit No. 06480.Argued March 26, 2007Decided June 28, 2007 Given its policy of refusing to sell to retailers that discount its goods below suggested prices, petitioner (Leegin) stopped selling to respondents (PSKS) store. PSKS filed suit, alleging, inter alia, that Leegin violated the antitrust laws by entering into vertical agreements with its retailers to set minimum resale prices. The District Court excluded expert testimony about Leegins pricing policys procompetitive effects on the ground that Dr. Miles Medical Co. v. John D. Park & Sons Co. , 220 U. S. 373 , makes it per se illegal under 1 of the Sherman Act for a manufacturer and it...
Tag this Judgment!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 ...
Tag this Judgment!