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. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(7)SC608; 1995(1)KLT172(SC); 1994(5)SCALE1; 1995Supp(2)SCC187; [1994]Supp5SCR526
K. Ramaswamy, J. 1. Leave granted in S.L.Ps. No. 10248, 9079, 13769/94 and S.L.P.No....(CC No. 25558/94). 2. A Division Bench of the Kerala High Court, by its common judgment dated December 10, 1993 in OP. No. 4637/89 and batch since upheld the constitutionality of Sections 57A and 57B inserted by the Abkari (Amendment) Act 21 of 1984 in the Amendment Act into the Abkari Act I of 1077 (for short 'the Act'), the correctness of that judgment is questioned in this appeal. 3. The facts lie in a short compass: 4. The appellants are licencees of arrack or Indian made foreign liquor retail shops or their employees. They have been charged for offences punishable under one or other Sub-sections.(1) to (3) of Section 57A for having mixed or permitted mixing or noxious substance with liquor or for having failed to take reasonable precautions to prevent such mixing or for being in possession of liquor in which such a noxious substance has been mixed with the knowledge that arrack or Ind...
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United States v. Treasury Employees - 513 U.S. 454 (1994) OCTOBER TERM, 1994 Syllabus UNITED STATES ET AL. v. NATIONAL TREASURY EMPLOYEES UNION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 93-1170. Argued November 8, 1994-Decided February 22,1995 Mter 501(b) of the Ethics in Government Act of 1978 was amended to prohibit a Member of Congress, federal officer, or other Government employee from accepting an honorarium for making an appearance or speech or writing an article, respondents-including individual members of, and a union representing, a class composed of all Executive Branch employees below grade GS-16 who, but for 501(b), would receive honoraria-filed a suit challenging the statute as an unconstitutional abridgment of their freedom of speech. The speeches and articles for which respondents had received honoraria in the past concerned matters such as religion, history, dance, and the environment; with few exceptions...
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Holder v. Hall - 512 U.S. 874 (1994) OCTOBER TERM, 1993 Syllabus HOLDER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER FOR BLECKLEY COUNTY, GEORGIA, ET AL. v. HALL ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 91-2012. Argued October 4, 1993-Decided June 30, 1994 Bleckley County, Georgia, has always had a form of government whereby a single commissioner holds all legislative and executive authority. In 1985, the state legislature authorized the county to adopt by referendum a multimember commission consisting of five members elected from single-member districts and a chair elected at large, but voters defeated the proposal, although they had previously approved a five-member district plan for the county school board. Respondents, black voters and the local chapter of the National Association for the Advancement of Colored People, filed this action. The District Court rejected their constitutional claim that the single-m...
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Madsen v. Women's Health Center, Inc. - 512 U.S. 753 (1994) OCTOBER TERM, 1993 Syllabus MADSEN ET AL. v. WOMEN'S HEALTH CENTER, INC., ET AL. CERTIORARI TO THE SUPREME COURT OF FLORIDA No. 93-880. Argued April 28, 1994-Decided June 30,1994 Mter petitioners and other antiabortion protesters threatened to picket and demonstrate around a Florida abortion clinic, a state court permanently enjoined petitioners from blocking or interfering with public access to the clinic, and from physically abusing persons entering or leaving it. Later, when respondent clinic operators sought to broaden the injunction, the court found that access to the clinic was still being impeded, that petitioners' activities were having deleterious physical effects on patients and discouraging some potential patients from entering the clinic, and that doctors and clinic workers were being subjected to protests at their homes. Accordingly, the court issued an amended injunction, which applies to petitioners and ...
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Board of Ed. of Kiryas Joel Village School Dist. v. Grumet - 512 U.S. 687 (1994) OCTOBER TERM, 1993 Syllabus BOARD OF EDUCATION OF KIRYAS JOEL VILLAGE SCHOOL DISTRICT v. GRUMET CERTIORARI TO THE COURT OF APPEALS OF NEW YORK No. 93-517. Argued March 30, 1994-Decided June 27,1994* The New York village of Kiryas Joel is a religious enclave of Satmar Hasidim, practitioners of a strict form of Judaism. Its incorporators intentionally drew its boundaries under the State's general village incorporation law to exclude all but Satmars. The village fell within the Monroe-Woodbury Central School District until a special state statute, 1989 N. Y. Laws, ch. 748, carved out a separate district that follows village lines. Although the statute gives a locally elected school board plenary authority over primary and secondary education in the village, the board currently runs only a special education program for handicapped children; other village children attend private religious schools, which...
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Local 144 Nursing Home Pension Fund v. Demisay - 508 U.S. 581 (1993) OCTOBER TERM, 1992 Syllabus LOCAL 144 NURSING HOME PENSION FUND ET AL. v. DEMISAY ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 91-610. Argued January 11, 1993-Decided June 14, 1993 For several years, respondent employers had made contributions to two trust funds (collectively, Greater Funds) on behalf of their employees. In 1984, however, the employers ended their participation in the Greater Funds and agreed, in collective-bargaining agreements with the relevant union, to establish a new set of trust funds (collectively, Southern Funds). To help finance the change between the funds, the employers and other respondents brought an action to compel petitioners, the Greater Funds and their trustees, to transfer to the Southern Funds that portion of the Greater Funds' reserves attributable to respondents' past contributions. Respondents asserted a right to relief under, inte...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
ORDER1. Judgment of The Chief Justice, M.N. Venkatachallah, A.M. Ahmadi and B.P. Jeevan Reddy, JJ. Delivered by B.P. Jeevan Reddy, J.B.P. Jeevan Reddy, J.Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order the like of which this country has not seen since - belonging to the fields of law, politics and public life came together to fashion the instrument of change - the Constitution of India. They did not rest content with evolving the framework of the State; they also pointed out the goal-and the methodology for reaching that goal. In the preamble, they spelt out the goal and in parts III and IV, they elaborated the methodology to be followed for reaching that goal.2. The Constituent Assembly, though elected on the basis of a limited franchise, was yet representative of all sections of society. Above all, it was composed of men of vision, conscious of the his...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC2219; JT1992(5)SC1; 1992(2)SCALE257; (1992)4SCC506; [1992]Supp1SCR108
ORDERJ.S. Verma, J.1. The person entitled to seek judicial review and the stage at which it is available against the findings of the Inquiry Committee constituted under Section 3(2) of the Judges (Inquiry) Act, 1968 (hereinafter referred to as 'the Act') in accordance with the law declared in Sub-Committee on Judicial Accountably v. Union of India and Ors. : AIR1992SC320 -is the question for decision in this writ petition. According to the petitioner, the remedy of judicial review is available to the concerned Judge against the finding, if any, by the Inquiry Committee that the learned Judge is 'guilty' of misbehavior only prior to submission of the report of the Committee to the Speaker in accordance with Section 4(2) of the Act or latest till it is laid before the Parliament as required by Section 4(3) of the Act, but not thereafter. Accordingly, the petitioner claims that a copy of the report should be furnished to the concerned Judge before it is submitted to the Speaker, to preser...
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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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