Court : US Supreme Court
Decided on : Dec-05-2006
..... united states , 464 u. s. 16 , 23 (1983) ( [w]here congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion (alteration in original; internal quotation marks omitted)). unless a state offense is ..... eighth circuit no. 05 547. argued october 3, 2006 decided december 5, 2006 the immigration and nationality act (ina) lists as an aggravated felony illicit trafficking in a controlled substance including a drug trafficking crime (as defined in section 924(c) of title 18), 8 u. s. c. 1101(a)(43)(b), but does not ..... felony as illicit trafficking in a controlled substance including a drug trafficking crime (as defined in section 924(c) of title 18). 1101(a)(43)(b). and the term drug trafficking crime means any felony punishable under the controlled substances act . 18 u. s. c. 924(c)(2). lopez s state felony offense qualifies as .....
Tag this Judgment!Court : US Supreme Court
Decided on : May-15-2006
..... position in this regard. see memorandum from ann r. klee, epa general counsel et al., to regional administrators, regarding agency interpretation on applicability of section 402 of the clean water act to water transfers (aug. 5, 2005), available at http://www.epa.gov/ogc/documents/water_transfers.pdf (as visited apr. 13, 2006, and available ..... united states, 522 u. s. 23 , 29 30 (1997) (if congress includes particular language in one section of a statute but omits it in another section of the same act, it is generally presumed that congress acts intentionally and purposely in the disparate inclusion or exclusion (internal quotation marks omitted)). iv warren s arguments against reading ..... disregarding the plain meaning of the word discharge, relying on 511(c)(2) of the clean water act, 33 u. s. c. 1371(c)(2). this section addresses the intersection of the act with another statute, the national environmental policy act of 1969 (nepa), 42 u. s. c. 4321 et seq. nepa imposes only procedural .....
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-28-2006
..... 848 , 854 (2000) (holding that by using the term affecting commerce, congress did not define the crime described in [18 u. s. c.] 844(i) as the explosion of a building whose damage or destruction might affect interstate commerce, and noting that the court must look to other qualifying language in the provision to define the offense). for ..... second question requires an entry of judgment in petitioners favor, we shall not answer the first or third questions. ii we first set forth the hobbs act s text. the relevant statutory section imposes criminal liability on [w]hoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in ..... the reference in the physical violence clause to actions or threats of violence in furtherance of a plan or purpose to do anything in violation of this section seems to mean acts or threats of violence in furtherance of a plan or purpose to engage in robbery or extortion , for that is the only kind of behavior that .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-26-2006
..... have changed buckley s result. the buckley court was aware of the connection between expenditure limits and a reduction in fundraising time. in a section of the opinion dealing with feca s public financing provisions, it wrote that congress was trying to free candidates from the rigors of fundraising. ..... of presidential elections. when the seasoned campaigners who were members of the congress that endorsed the expenditure limits in the federal election campaign act amendments of 1974 concluded that a modest budget would not preclude them from effectively communicating with the electorate, they necessarily rejected the buckley ..... id. , at 55. it decided that the government s primary justification for expenditure limitations, preventing corruption and its appearance, was adequately addressed by the act s contribution limitations and disclosure requirements. ibid. the court also considered other governmental interests advanced in support of expenditure limitations. it rejected each. id. , .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-11-2006
..... we considered whether the equal employment opportunity commission (eeoc) could order a federal agency to pay compensatory damages in an administrative proceeding. section 717(b) of title vii of the civil rights act of 1964, 42 u. s. c. 2000e 16(b), authorized the eeoc to employ appropriate remedies, but did not specifically authorize ..... a) suggests that congress intended these terms to apply more broadly to administrative proceedings. on the contrary, 2415(a) distinguishes between judicial and administrative proceedings. section 2415(a) provides that an action must commence within one year after final decisions have been rendered in applicable administrative proceedings. thus, congress knew how ..... . in delaware valley citizens council , we construed the attorney s fee provision of the clean water act (cwa), which authorizes a court, in issuing any final order in any action brought pursuant to subsection (a) of this section, [to] award costs of litigation to any party. 42 u. s. c. 7604(d). .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-2006
..... quoting speiser, 357 u. s., at 523). * * * the judgment of the court of appeals of arizona is, accordingly, affirmed. it is so ordered. footnote 1 section 13 1105(a)(3) provides that [a] person commits first degree murder if [i]ntending or knowing that the person s conduct will cause death to a law enforcement officer ..... consideration to the mental-illness evidence in making his factual findings as to whether [clark] did or did not act with the state of mind required for a first-degree murder conviction ). an entire section of clark s opening brief argues that the evidence of mental illness should have been considered to rebut the prosecution ..... moral incapacity test (telling right from wrong) does not necessarily require evaluation of a defendant s cognitive capacity to appreciate the nature and quality of the acts charged against him, his argument fails to recognize that cognitive incapacity is itself enough to demonstrate moral incapacity, so that evidence bearing on whether the defendant .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-17-2006
..... for legitimate medical purpose is in fact a hazily defined federal standard based on its purposive reading of the csa, and extracted from obliquely relevant sections of the act. in particular, relying on its observation that the criteria for scheduling controlled substances are primarily concerned with addiction or abnormal effects on the nervous ..... of registrants), 828 (order forms), 829 (prescription requirements), 830 (regulation of listed chemicals and certain machines). it would be peculiar for the first section of this part to authorize rulemaking for matters covered by the previous part. the only sensible interpretation of 821 is that it gives the attorney general ..... specifically, the delegating provision stated that the eeoc shall issue regulations . . . to carry out this subchapter, 42 u. s. c. 12116, and the section of the statute defining disability was in a different subchapter. the court did not accept the idea that because the employment subchapter, i.e. , this subchapter, .....
Tag this Judgment!