Court : US Supreme Court
..... to water quality. in town of summersville, 60 ferc , 61,291, p. 61,990 (1992), for instance, the state agency required the applicant to "construct ... access roads and paths, low water stepping stone bridges, ... a boat launching facility ... , and a residence and storage building." these conditions presumably would be ..... related, petitioners assert that 1 the government, appearing as amicus curiae "supporting affirmance," instead approaches the question presented by assuming, arguendo, that petitioners' construction of 401 is correct: "even if a condition imposed under section 401(d) were valid only if it assured that a 'discharge' will comply ..... requirements; application; procedures; license suspension "(1) any applicant for a federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the state .....
Tag this Judgment!Court : US Supreme Court
..... individuals and organizations], or on their behalf," would not include those who merely entertained the same beliefs and wished to express the same views as the named defendants. but the construction given to the injunction by the issuing judge, which is entitled to great weight, cf. for syth county v. nationalist movement, 505 u. s. 123 , 132-133 (1992); nlrb v ..... is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally." railway express agency, inc. v. new york, 336 that a theater had exhibited obscene films in the past, to enjoin its future exhibition of films not yet found to be obscene .....
Tag this Judgment!Court : US Supreme Court
..... the judicial methodology that gave them birth is now out of favor. caution is particularly appropriate here, because the judicially recognized right in question accords with the longstanding construction of the agency congress has assigned to enforce the securities laws. once again the court has refused to build upon a "'secure foundation ... laid by others,'" ..... to recognize a private right of action based upon a securities statute enacted recently. our approach to implied causes of action, as to other matters of statutory construction, has changed markedly since the exchange act's passage in 1934. at that time, and indeed until quite recently, courts regularly assumed, in accord with the ..... in texas & pacific r. co. v. rigsby, 241 u. s. 33 , 39-40 (1916). see also, e. g., texas & new orleans r. co. v. railway clerks, 281 u. s. 548 , 568570 (1930). 196 stevens, j., dissenting utes of this kind broadly to accord with their remedial purposes and regularly approved rights to sue despite .....
Tag this Judgment!Court : US Supreme Court
..... service's interpretive rulings do not have the force and effect of regulations, we give an agency's interpretations and practices considerable weight where they involve the contemporaneous construction of a statute and where they have been in long use." ibid. (citations omitted). the court states that the commissioner "reads the regulation correctly in ..... burke, 504 u. s., at 233; helvering v. clifford, 309 u. s. 331 , 334 (1940). we have also emphasized the corollary to 61(a)'s broad construction, namely, the "default rule of statutory interpretation that exclusions from income must be narrowly construed." united states v. burke, 504 u. s., at 248 (souter, j., ..... at which 'both equitable and legal relief, including compensatory and, under certain circumstances, punitive damages' may be awarded." 504 u. s., at 240 (quoting johnson v. railway express agency, inc., 421 u. s. 454 , 460 (1975)). unlike title vii, the adea expressly provides that any person aggrieved may bring a civil action and .....
Tag this Judgment!Court : US Supreme Court
..... guidelines differently, but while i believe the court is wrong in construing their breadth, the important point is that even on the court's own construction the guidelines impose no viewpoint discrimination. in attempting to demonstrate the potentially chilling effect such funding restrictions might have on learning in our nation's ..... revenue bond program excluding from participation facilities used for religious purposes); tilton v. richardson, supra, at 679-682 (plurality opinion) (upholding general aid program for construction of academic facilities as "[t]here is no evidence that religion seeps into the use of any of these facilities"); see board of ed. of central ..... richardson, 403 u. s. 672 , 683 (1971) (plurality opinion) (striking as insufficient a 20-year limit on prohibition for religious use in federal construction program for university facilities because unrestricted use even after 20 years "is in effect a contribution of some value to a religious body"); id., at 689 (douglas .....
Tag this Judgment!Court : US Supreme Court
..... connolly v. pension benefit guaranty corporation, 475 u. s. 211 (multiemployer pension plan amendments act of 1980); and concrete pipe & products of cal., inc. v. construction laborers pension trust for southern cal., 508 u. s. 602 (same). those opinions make clear that congress has considerable leeway to fashion economic legislation, including the power ..... addressing the basis of this court's jurisdiction, we have also upheld similar statutory schemes against takings clause challenges. see concrete pipe & products of cal., inc. v. construction laborers pension trust for southern cal., 508 u. s. 602 , 641647 (1993); connolly, 475 u. s., at 221-228. "while we are not bound by ..... vested benefits. ibid. we once more faced challenges to the mppaa under the due process and takings clauses in concrete pipe & products of cal., inc. v. construction laborers pension trust for southern cal., 508 u. s. 602 (1993). in that case, the employer focused on the fact that its contractual commitment to the .....
Tag this Judgment!Court : US Supreme Court
..... the adea. accordingly, i cannot accept the notion that 255(d) furnishes clarifying guidance in interpreting 216(b) for adea purposes, whatever assistance it might provide to a construction of 216(b) for flsa purposes.8 *** for these reasons, i respectfully dissent from part iii of the court's opinion. 7 supra, at 101-105. 8 ..... supra, at 683 ("recognizing a congressional power to exact constructive waivers of sovereign immunity through the exercise of article i powers would also, as a practical matter, permit congress to circumvent the antiabrogation holding of seminole tribe"). under our firmly ..... 527 u. s. 627 , 636 (1999); alden v. maine, 527 u. s. 706 , 712 (1999). indeed, in college savings bank, we rested our decision to overrule the constructive waiver rule of parden v. terminal r. co. of ala. docks dept., 377 u. s. 184 (1964), in part, on our seminole tribe holding. see college savings bank, .....
Tag this Judgment!Court : US Supreme Court
..... persons at the top of the communitybased treatment waiting list by individuals lower down who commenced civil actions.16 16we reject the court of appeals' construction of the reasonablemodifications regulation for another reason. the attorney general's title ii regulations, congress ordered, "shall be consistent with" the regulations in ..... nature of the service, program, or activity." 28 cfr 35.130(b)(7) (1998). the court of appeals essentially upheld the attorney general's construction of the ada. as just recounted, see supra, at 595-596, the appeals court ruled that the unjustified institutionalization of persons with mental disabilities ..... with disabilities, states can resist modifications that would fundamentally alter the nature of their services and programs. the eleventh circuit essentially upheld the attorney general's construction of the ada. this court affirms the court of appeals decision in substantial part. pp. 596-597. (b) undue institutionalization qualifies as discrimination " .....
Tag this Judgment!Court : US Supreme Court
..... were adequate to justify giving the very same words different meanings when qualifying "purpose" and "effect"there would be instances in which this court applied such a construction to the innumerable statutes barring conduct with a particular "purpose or effect," yet appellants are unable to cite a single case. moreover, the purpose prong has ..... ; the contrary view of the district court majority raises" 'the definite and firm conviction that a mistake [has] been committed,'" concrete pipe & products of cal., inc. v. construction laborers pension trust for southern cal., 508 u. s. 602 , 622 (1993) (quoting united states v. united states gypsum co., 333 u. s. 364 , 395 ( ..... of stare decisis is at its most powerful in statutory interpretation 363 (which congress is always free to supersede with new legislation), see hilton v. south carolina public railways comm'n, 502 u. s. 197 , 202 (1991), and 5 presents no exception to the rule that when statutory language is construed it should stay .....
Tag this Judgment!Court : US Supreme Court
..... have debated the precise meaning of "based on smoking and health," see cipollone, supra, at 529, n. 7 (plurality opinion), but we cannot agree with the attorney general's narrow construction of the phrase. as congress enacted the current pre-emption provision, congress did not concern itself solely with health warnings for cigarettes. in the 1969 amendments, congress not only 548 ..... which states lay claim by right of history and expertise," id., at 583 (kennedy, j., concurring). i wonder why a court sensitive to federalism concerns would adopt such a strange construction of statutory language whose quite different purpose congress took pains to explain. 600 may be invalid for two different reasons. first, the means chosen may be insufficiently related to the .....
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