Court : US Supreme Court
..... the result would have been. finally, it seems the court bases its new prudential standing principle, in part, on criticisms of the court of appeals construction of state law, coupled with the prudential principle prohibiting third-party standing. in the court of appeals original opinion, it held unanimously that respondent satisfied ..... family law issue to a greater extent than palmore . the domestic relations exception is not a prudential limitation on our federal jurisdiction. it is a limiting construction of the statute defining federal diversity jurisdiction, 28 u. s. c. 1332, which divests the federal courts of power to issue divorce, alimony, and ..... domestic relations exception to diversity-of-citizenship jurisdiction pursuant to 28 u. s. c. 1332, the abstention doctrine, and criticisms of the court of appeals construction of california state law, coupled with the prudential standing prohibition on a litigant s raising another person s legal rights. first, the court relies heavily on .....
Tag this Judgment!Court : US Supreme Court
..... (2000). the rationale for such deference is that congress has explicitly or implicitly delegated to the agency responsible for administering a statute the authority to choose among permissible constructions of ambiguous statutory text. see chevron , supra , at 844. the question now before us is not what it takes to qualify for the rfoa exemption, ..... parallel in the adea context, see murgia , 427 u. s., at 313 314, and it therefore should not control our decision here. even venerable canons of construction must bow, in an appropriate case, to compelling evidence of congressional intent. in my judgment, the significant differences between title vii and the adea are more than ..... to authorize such claims. moreover, the significant differences between the adea and title vii of the civil rights act of 1964 counsel against transposing to the former our construction of the latter in griggs v. duke power co. , 401 u. s. 424 (1971). finally, the agencies charged with administering the adea have never .....
Tag this Judgment!Court : US Supreme Court
..... ). moreover, permits are not required for discharges from point sources engaged in, among other things, normal farming activities; maintenance of transportation structures; and construction of irrigation ditches, farm roads, forest roads, and temporary mining roads. 1344(f). footnote 8 rather than defending its own antagonism to environmentalism, ..... 6 (plurality opinion). the plurality attempts to bolster its arbitrary jurisdictional line by citing two tangential statutory provisions and two inapplicable canons of construction. none comes close to showing that congress directly spoke to whether waters requires the relatively permanent presence of water. the first provision ..... and his wife engaged in similar behavior at the hines road and pine river sites. without applying for 404 permits, they hired construction companies to perform extensive clearing and filling activities. they continued these activities even after receiving epa administrative compliance orders directing them to cease .....
Tag this Judgment!Court : US Supreme Court
..... 14. (4) respondent s final argument that sovereign immunity principles require that 633a(a) be read narrowly as prohibiting substantive age discrimination but not retaliation is unpersuasive. the rule of construction requiring that [a] waiver of the federal government s sovereign immunity be unequivocally expressed in statutory text and strictly construed in favor of the sovereign, lane v. pe a , 518 ..... text and will be strictly construed, in terms of its scope, in favor of the sovereign. lane v. pe a , 518 u. s. 187 , 192 (1996). but this rule of construction is satisfied here. subsection (c) of 633a unequivocally waives sovereign immunity for a claim brought by [a]ny person aggrieved to remedy a violation of 633a. unlike 663a(c), 633a .....
Tag this Judgment!Court : US Supreme Court
..... than its language provides is pertinent only as an implicit acknowledgment of the potential constitutional problems with a more natural reading. nor can we rely upon the canon of construction that ambiguous statutory language [should] be construed to avoid serious constitutional doubts. fcc v. fox television stations, inc. , 556 u. s. ___, ___ (2009 ..... in the first place, osborne, 495 u. s., at 121. to read 48 as the government desires requires rewriting, not just reinterpretation. * * * our construction of 48 decides the constitutional question; the government makes no effort to defend the constitutionality of 48 as applied beyond crush videos and depictions of animal fighting. it ..... is dealing with a federal statute challenged as overbroad, it should, of course, construe the statute to avoid constitutional problems, if the statute is subject to such a limiting construction. ferber , 458 u. s., at 769, n. 24. see also williams , supra, at 307 (stevens, j., concurring) ( [t]o the extent the .....
Tag this Judgment!Court : US Supreme Court
..... activities simply because ownership of adjoining trackage had changed hands. [ footnote 68 ] the record facts are that the trackage the commission said penn central would have to construct is already in place, connecting the two yards and the market. [ footnote 69 ] the commission nonetheless continued to presuppose the removal of the new haven's rail ..... . 6. new haven investments. the bondholders committee complains that new haven has transferred its stock ownership in two concerns -- the new york connecting railroad and the railway express agency -- with no value given in exchange. the connecting railroad page 399 u. s. 480 was owned jointly by new haven and penn central on ..... judge court should have deferred to the reorganization court. in chicago & n.w. r. co. v. united states, 52 f.supp. 65, the debtor railway company brought suit against the commission in the united states district court for the northern district of illinois, seeking three-judge-court review of a plan of reorganization .....
Tag this Judgment!Court : US Supreme Court
..... be continued. if the spirit of cooperation motivating the state attorney general's representation to this court that definitive resolution of the basic federal question of construction of the treaties will allow state compliance with federal court orders is not confirmed by the conduct of state officials, the district court has the ..... take whatever quantity they needed. indeed, a fair appraisal of the purpose of the treaty negotiations, the language of the treaties, and this court's prior construction of the treaties, mandates that conclusion. a treaty, including one between the united states and an indian tribe, is essentially a contract between two sovereign nations. ..... is particularly true of united states v. winans, supra, the case most directly relevant. in page 443 u. s. 701 that case, a settler had constructed several fish wheels in the columbia river. these fish wheels were built at locations where the indians traditionally had fished, and " necessitate[d] the exclusive possession .....
Tag this Judgment!Court : US Supreme Court
..... , as the court of appeals read it, as applying to all injured longshoremen, whether employed by the ship or by an independent stevedore. nothing in the legislative history advises this construction of the sentence, [ footnote 14 ] page 443 u. s. 265 and we see no reason to depart from the language of the statute in this respect. respondent insists that, even ..... the words "caused by the negligence of" in the two sentences must be given the same meaning, and that they cannot have the meaning ascribed to them by petitioner's construction of the first sentence, logically leads to the conclusion that the injured page 443 u. s. 266 longshoreman should never be able to bring suit against the vessel unless it .....
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..... property. the court recognized that the tulare lake basin water storage district did exercise "some typical governmental powers," including the power to hire and fire workers, contract for construction of projects, condemn private property, and issue general obligation bonds. id. at 410 u. s. 728 , and n. 7. nevertheless, the court concluded that ..... function of protecting the public interest that the corporation commission would otherwise perform. see ariz. const., art. 13, 7, art. 15, 2. see also rubenstein construction co. v. salt river project agricultural improvement power dist., 76 ariz. 402, 265 p.2d 455 (1953) (salt river project is not a public service corporation ..... the district's customers, the board, for the and in the name of the district may, without the boundaries of the state, acquire, develop, own, lease, purchase, construct, operate, equip, maintain, repair and replace, and contract for . . . any form of energy or energy resources including but not limited to coal, oil, gas, .....
Tag this Judgment!Court : US Supreme Court
..... of the statute to such situations. in bellotti i, supra, we unanimously declined to pass on constitutional challenges to an abortion regulation statute because the statute was "susceptible of a construction by the state judiciary 'which might avoid in whole or in part the necessity for federal constitutional adjudication, or at least materially change the nature of the problem.'" id. at ..... states have enacted parental notification statutes containing brief mandatory waiting periods. see la.rev.stat.ann. 40:1299.35.5 (west supp. 1981) (24 hours' actual notice or 72 hours' constructive notice except for court-authorized abortions); mass.gen.laws ann., ch. 112, 128 (west supp. 1981) (24 hours); me.rev.stat.ann., tit. 22, 1597 (1980) (24 hours); n.d .....
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