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. ...
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Albright v. Oliver - 510 U.S. 266 (1993) OCTOBER TERM, 1993 Syllabus ALBRIGHT v. OLIVER ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 92-833. Argued October 12, 1993-Decided January 24,1994 Upon learning that Illinois authorities had issued an arrest warrant charging him with the sale of a substance which looked like an illegal drug, petitioner Albright surrendered to respondent Oliver, a policeman, and was released after posting bond. At a preliminary hearing, Oliver testified that Albright sold the look-alike substance to a third party, and the court found probable cause to bind Albright over for trial. However, the court later dismissed the action on the ground that the charge did not state an offense under state law. Albright then filed this suit under 42 U. S. C. 1983, alleging that Oliver deprived him of substantive due process under the Fourteenth Amendment-his "liberty interest"to be free from criminal prosecution except upon prob...
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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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FW/PBS v. City of Dallas - 493 U.S. 215 (1990) U.S. Supreme Court FW/PBS v. City of Dallas, 493 U.S. 215 (1990) FW/PBS, Inc. v. City of Dallas Nos. 87-2012, 87-2051 and 88-49 Argued Oct. 4, 1989 Decided Jan. 8, 1990 493 U.S. 215 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Respondent City of Dallas adopted a comprehensive ordinance regulating "sexually oriented businesses," which are defined to include "adult" arcades, bookstores, video stores, cabarets, motels, and theaters, as well as escort agencies, nude model studios, and sexual encounter centers. Among other things, the ordinance requires that such businesses be licensed, and includes civil disability provisions prohibiting certain individuals from obtaining licenses. Three groups of individuals and businesses involved in the adult entertainment industry filed separate suits challenging the ordinance on numerous grounds and seeking injunctive and declaratory relief. The District Cour...
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Breininger v. SMW Int'l - 493 U.S. 67 (1989) U.S. Supreme Court Breininger v. SMW Int'l, 493 U.S. 67 (1989) Breininger v. Sheet Metal Workers International Association Local Union No. 6 No. 88-124 Argued Oct. 10, 1989 Decided Dec. 5, 1989 493 U.S. 67 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus Pursuant to a multi-employer collective bargaining agreement, respondent union operates a hiring hall through which it refers both members and nonmembers for work at the request of employers. The hiring hall is "nonexclusive," in that workers are free to seek employment through other means, and employers are not restricted to hiring persons recommended by the union. Petitioner, a member of the union, filed suit alleging that respondent: (1) violated 101(a)(5) and 609 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) -- which forbid a union to "fine, suspend, expe[l] or otherwise discipline" a member for exercising LMRDA-secured ...
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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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Connecticut v. Teal - 457 U.S. 440 (1982) U.S. Supreme Court Connecticut v. Teal, 457 U.S. 440 (1982) Connecticut v. Teal No. 80-2147 Argued March 29, 1982 Decided June 21, 1982 457 U.S. 440 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Respondent black employees of a Connecticut state agency were promoted provisionally to supervisors. To attain permanent status as supervisors, they had to participate in a selection process that required, as a first step, a passing score on a written examination. Subsequently, an examination was given to 48 black and 259 white candidates. Fifty-four percent of the black candidates passed, this being approximately 68 percent of the passing rate for the white candidates. Respondent black employees failed the examination, and were thus excluded from further consideration for permanent supervisory positions. They then brought an action in Federal District Court against petitioners (the State of Connecticut and...
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FERC v. Mississippi - 456 U.S. 742 (1982) U.S. Supreme Court FERC v. Mississippi, 456 U.S. 742 (1982) FERC v. Mississippi No. 80-1749 Argued January 19, 1982 Decided June 1, 1982 456 U.S. 742 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI Syllabus The Public Utility Regulatory Policies Act of 1978 (PURPA) was enacted as part of a legislative package designed to combat the nationwide energy crisis. To further this effort, Titles I and III of PURPA direct state utility regulatory commissions and nonregulated utilities to "consider" the adoption and implementation of specific "rate design" and regulatory standards, and require state commissions to follow certain notice and comment procedures when acting on proposed federal standards. Section 210 of PURPA's Title II seeks to encourage the development of cogeneration and small power facilities, and directs the Federal Energy Regulatory Commission (FERC), in consultation with state regulator...
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Furman v. Georgia - 408 U.S. 238 (1972) U.S. Supreme Court Furman v. Georgia, 408 U.S. 238 (1972) Furman v. Georgia No. 69-5003 Argued January 17, 1972 Decided June 29, 1972 * 408 U.S. 238 CERTIORARI TO THE SUPREME COURT OF GEORGIA Syllabus Imposition and carrying out of death penalty in these cases held to constitute cruel and unusual punishment in violation of Eighth and Fourteenth Amendments. No. 69-5003, 225 Ga. 253, 167 S.D.2d 628; No. 69-5030, 225 Ga. 790, 171 S.D.2d 501; No. 69-5031, 447 S.W.2d 932, reversed and remanded. Page 408 U. S. 239 PER CURIAM. Petitioner in No. 69-5003 was convicted of murder in Georgia, and was sentenced to death pursuant to Ga.Code Ann. 26-1005 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 253, 167 S.E.2d 628 (1969). Petitioner in No. 69-5030 was convicted of rape in Georgia, and was sentenced to death pursuant to Ga.Code Ann. 26-1302 (Supp. 1971) (effective prior to July 1, 1969). 225 Ga. 790, 171 S.D.2d 501 (1969). Petiti...
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Scales v. United States - 367 U.S. 203 (1961) U.S. Supreme Court Scales v. United States, 367 U.S. 203 (1961) Scales v. United States No. 1 Argued April 29, 1959 Reargued October 10, 1960 Decided June 5, 1961 367 U.S. 203 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Petitioner was convicted of violating the so-called membership clause of the Smith Act, which makes a felony the acquisition or holding of membership in any organization which advocates the overthrow of the Government of the United States by force or violence, knowing the purposes thereof. The indictment charged that from January, 1946, to the date of its filing in 1954, the Communist Party of the United States was such an organization, and that, throughout that period, petitioner was a member thereof with knowledge of the Party's illegal purpose and a specific intent to accomplish overthrow of the Government "as speedily as circumstances would permit." The jury was instructe...
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