Court : US Supreme Court
..... has always accorded the state the power to prevent, by force if necessary, suicide -- including suicide by refusing to take appropriate measures necessary to preserve one's life; that the point at which life becomes "worthless," and the point at which the means necessary to preserve it become "extraordinary" or "inappropriate," are neither set forth in the constitution nor known to the nine justices of this court any better than they are known to ..... gave instructions regarding how they would like to be treated if they ever became too sick to make decisions; 23% put those instructions in writing) (lou harris poll, september 1982); american medical association surveys of physician and public opinion on health care issues 29-30 (1988) (56% of those surveyed had told family members their wishes concerning the use of life-sustaining treatment if they entered an irreversible coma; 15% had filled out a living ..... 1937)) petitioners rely on three distinctions to separate nancy cruzan's case from ordinary suicide: (1) that she is permanently incapacitated and in pain; (2) that she would bring on her death not by any affirmative act but by merely declining treatment that provides nourishment; and (3) that preventing her from effectuating her presumed wish to die requires violation of her bodily integrity. ..... if the state may interrupt one mode of self-destruction, it may with equal authority interfere with the ..... hale 1776: biography and memorials 128-129 (1914); j. ..... 93 (1914) (cardozo, ..... (1914). .....
Tag this Judgment!Court : US Supreme Court
..... from this exception it results that, where a court of one state, conformably to the laws of such state, or the state, through its legislative department, has acted concerning the dissolution of the marriage tie, as to a citizen of that state, such action is binding in that state as to such citizen, and the validity of the judgment may not therein be questioned on the ground that the action of the state in dealing with its own citizen concerning the marriage relation ..... . but this does not affect the proposition asserted in the opinion, that the decree did work a dissolution of the marriage as to her by the operation of the full faith and credit clause of the constitution, and to that extent it did work a destruction of the power of the state of new york over the dissolution of the marriage ..... the states, at the time of the adoption of the constitution, possessed full power over the subject of marriage and divorce, and the constitution delegated no authority to the central government in regard thereto, and the destruction of the power of the states over the dissolution of marriage as to their own citizens cannot be brought about by the operation of the full faith and credit clause of the constitution of the united states. .....
Tag this Judgment!Court : US Supreme Court
..... the work at a price set by the president, with the burden of going to court, if it considered the compensation unreasonably low, and since the fleet corporation had the power to commandeer the shipbuilding company's plants and facilities, in accordance with authority delegated by the president pursuant to the acts of congress, and it is not to be assumed that the company or its trained organization would have been unwilling to serve the government in the plants if ..... the men who are enduring the agony of this war on the battlefield, in the trenches, amidst the lurking dangers of the sea, or with the bereaved women and the pitiful children, before you will come forward to do your duty and give some part of your life, in easy, peaceful fashion, for the things we are fighting for, the things we have pledged our fortunes, our lives, ..... essentially this: germany's submarine warfare made it imperative that the government secure the greatest possible number of ships in the shortest possible time; there was a scarcity of ships and shipbuilding facilities in the united states; bethlehem, the largest shipbuilder in the world, not only had shipbuilding facilities available, but also a trained organization; at a time when bethlehem's facilities ..... the contracts were negotiated and executed in 1917 and 1918, when germany's destructive warfare against our ocean shipping essential to the successful prosecution of the war made it necessary for the united states to build the greatest possible number of .....
Tag this Judgment!Court : US Supreme Court
..... it was claimed that denying williams' motion was an adequate state ground precluding review here, but, "since his motion was based upon a constitutional objection, and one the validity of which has in principle been sustained here, the discretionary decision to deny the motion does not deprive this court of jurisdiction to find that the substantive issue is properly before us." ..... claiming that "[t]o change the rule would work a travesty on justice," the state posited the following hypothetical: "if the rule were changed, a could be charged with the crime, b could tell c and d that he committed the crime, b could go into hiding, and, at a's trial, c and d would testify as to b's admission of guilt; a could be acquitted, and b would return to stand trial; b could then provide several witnesses to testify as to his whereabouts at the time of the crime. ..... while this court, in henry, expressed doubt as to the adequacy for federal purposes of mississippi's differing treatment of a motion to exclude at the close of the state's case and an objection made contemporaneously with the offer of the evidence, there can be no doubt that the policy supporting mississippi's requirement of contemporaneous objection cannot be served equally well by a motion for new trial following the ..... footnote 8 ] the "voucher" rule has been condemned as archaic, irrational, and potentially destructive of the truth-gathering process. c. ..... (1914). ..... if to act on which will work no injustice to any party to the appeal." .....
Tag this Judgment!Court : US Supreme Court
..... directed to petitioners requiring them to strike from the roll of the reserves all members of congress presently thereon, to discharge any member of the reserves who subsequently became a member of congress, and to seek to reclaim from members and former members of congress any reserve pay said members received while serving as members of congress, (2) a permanent injunction preventing petitioners from placing on the rolls of the reserves any member of congress ..... insure "certain unalienable rights," "governments are instituted among men, deriving their just powers from the consent of the governed," and "that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it. ..... " requirement seemingly relied upon to find citizen standing does not support such standing for two reasons: first, that case involved judicial review under the administrative procedure act of regulatory agency action alleged to have caused private competitive injury; second, data processing required a showing of injury in fact, in addition to the "zone of interest" requirement. ..... inadequacy of motivation to support standing is suggested in the court's opinion in sierra club, supra: "but a mere 'interest in a problem,' no matter how longstanding the interest and no matter how qualified the organization is in evaluating the problem, is not sufficient by itself to render the organization 'adversely affected' or 'aggrieved' within the meaning of the ..... 1914 .....
Tag this Judgment!Court : US Supreme Court
..... regulations requiring affirmative measures designed to enable racial minorities which have been previously discriminated against by a federally funded institution or program to overcome the effects of such actions and authorizing the voluntary undertaking of affirmative action programs by federally funded institutions that have not been guilty of prior discrimination in order to overcome the effects of conditions which ..... to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or(2) by any other means authorized by law: provided, however, ..... only barring the imposition of race-conscious remedies by hew: "none of the funds appropriated in this act may be obligated or expended in connection with the issuance, implementation, or enforcement of any rule, regulation, standard, guideline, recommendation, or order issued by the secretary of health, education, and welfare which for purposes of compliance with any ratio, quota, or other numerical requirement related to ..... great decisions of the supreme court and the lesson of contemporary history have been the same for at least a generation -- discrimination on the basis of race is illegal, immoral, unconstitutional, inherently wrong, and destructive of democratic society. ..... 1914 .....
Tag this Judgment!Court : US Supreme Court
..... statute of the state of georgia for a violation of which the company was sued, averred that it was inoperative as to the defendant's train, because in violation of 8, article i, of the federal constitution, giving congress the power to regulate commerce, and further stated: "your defendant further shows that the statute of georgia is not a reasonable regulation of the police power of the state to secure the safety of passengers, but that the statute is a direct burden ..... as follows: "there must be fixed on the line of said roads at the distance of 400 yards from the center of each of said crossings, and on each side thereof, a post, and the engineer shall be required, whenever he shall arrive at either of said posts, to blow the whistle of the locomotive until it arrives at the public road, and to simultaneously check and keep checking the speed thereof, so as to stop in time should any person or thing be crossing said track on said road. ..... 534 crossings would be practically destructive of the successful operation of such passenger trains. ..... it is the settled law of this court that one who would strike down a state statute as violative of the federal constitution must bring himself, by proper averments and showing, within the class as to whom the act thus attacked is unconstitutional. .....
Tag this Judgment!Court : US Supreme Court
..... for his determination that a child is not viable; (5) 3210(b) that requires a physician performing a postviability abortion to exercise the degree of care required to preserve the life and health of any unborn child intended to be born and to use the abortion technique that would provide the best opportunity for the unborn child to be aborted alive unless it would present a significantly greater medical risk to the pregnant ..... holding of the court today thus comes at the expense of the basic principle underlying the framework set out in camenisch for ruling on a motion for a preliminary injunction: that fairness to the parties and reliable adjudication of disputes require final, binding rulings on the merits of a controversy to be made only after each side has had an opportunity to establish its version of the disputed facts, or ..... 833 with justice white that the preliminary injunction entered against enforcement of the act's parental notice and consent provisions should be vacated, since, as in ashcroft, there is no reason here to believe that the state will not provide ..... " that the decision involves the destruction of the fetus renders it different in kind from ..... typically involves the destruction of another entity: ..... the "information" in its very rendition may be cruel, as well as destructive of the physician-patient relationship. ..... of contraceptives, rather than regulating their manufacture or sale,' the connecticut statute there had 'a maximum destructive impact' on privacy rights. .....
Tag this Judgment!Court : US Supreme Court
..... even assuming, without deciding, that the validity of colt's patents is an essential element of petitioners' monopolization theory, rather than merely an argument in anticipation of a defense, the well-pleaded complaint rule focuses on claims, not theories, and just because an element that is essential to a particular theory might be governed by federal patent law does not mean that the entire monopolization claim "arises under" patent law. ..... for example, colt's patents conceal many of the manufacturing specifications that might otherwise be revealed by its engineering drawings, and when colt licenses others to manufacture m16 parts or hires employees with access to proprietary information, it contractually obligates them not to disclose specifications. ..... the law-of-the-case doctrine applies as much to the decisions of a coordinate court in the same case as to a court's own decisions, and the policies supporting the doctrine apply with even greater force to transfer decisions than to decisions of substantive law. ..... when congress passed the federal courts improvement act in 1982 and vested exclusive jurisdiction in the court of appeals for the federal circuit to resolve appeals of claims that had arisen under the patent laws in the federal district courts, it was responding to concerns about both the lack of uniformity in federal appellate construction of the patent laws and the forum-shopping that such divergent appellate views had generated. ..... 75 -76 (1914)). .....
Tag this Judgment!Court : US Supreme Court
..... . 207 (cession of texas) (declaring that inhabitants of the territory were entitled to the enjoyment of all the rights of citizens of the united states, according to the principles of the constitution; and in the mean time shall be maintained and protected in the free enjoyment of their liberty and property, and secured in the free exercise of their religion without restriction ); treaty concerning the cession of the russian possessions in north america by his majesty the emperor of all the russians to ..... . the most explicit evidence of congress aim appears in 14 of the freedmen s bureau act of 1866, which provided that the right to have full and equal benefit of all laws and proceedings concerning personal liberty, personal security, and the acquisition, enjoyment, and disposition of estate, real and personal, including the constitutional right to bear arms , shall be secured to and enjoyed by all the citizens without respect to race or color, or previous condition of slavery ..... . guns may be useful for self-defense, as well as for hunting and sport, but they also have a unique potential to facilitate death and destruction and thereby to destabilize ordered liberty ..... . kendrick, journal of the joint committee of fifteen on reconstruction 264 265 (1914) (noting that 150,000 copies of the report were printed and that it was widely distributed as a campaign document in the election of 1866) ..... . kendrick, journal of the joint committee of fifteen on reconstruction 265 266 (1914); adamson v .....
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