Court : US Supreme Court
..... than with particular sales of gas or contract rights. the court traced the language of the statute to show that "all the matters for which a certificate is required -- the construction of facilities or their extension, as well as the making of jurisdictional sales -- must be justified in terms of a 'service' to which they relate." id. at 364 u. s .....
Tag this Judgment!Court : UK Supreme Court
..... provision, the presumption whereby the courts prefer that which avoids conflict between our domestic legislation and our international treaty obligations is a mere canon of construction which involves no importation of international law into the domestic field." 202. the second basis upon which the framework decision may be relevant is the ..... rose places particular reliance on skoogstr m because it is a decision about the swedish public prosecutor. 147. in short, therefore, she submits that a construction of "judicial authority" in the framework decision which conforms to echr principles must lead to the conclusion that a public prosecutor does not satisfy the ..... arrest warrant system was highly controversial and that there were limits to the principle that extradition treaties and statutes should receive "a broad and generous construction", because the liberty of the subject was at stake. these considerations led lord hope to the view that where there were differences between the framework .....
Tag this Judgment!Court : US Supreme Court
..... discrimination. in petitioners' view, congress must make particularized findings that past violations of the equal protection clause and antidiscrimination statutes have a current effect on the construction industry. this approach is fundamentally misguided. unlike the courts, congress is engaged in the broad mission of framing general social rules, not adjudicating individual disputes. ..... between those bound and those left free. this court has often announced the principle that the differentiation must have an appropriate relation to the object of the legislation or ordinance." railway express agency, inc. v. new york, 336 u. s. 106 , 336 u. s. 115 (jackson, j., concurring) . [ footnote 5/4 ] "habit, ..... remedy for racial discrimination in private employment. see mcdonald v. sante fe transportation co., 427 u. s. 273 , 427 u. s. 295 -296 (1976); johnson v. railway express agency, inc., 421 u. s. 454 , 421 u. s. 459 -460 (1975). in katzenbach v. morgan, 384 u. s. 641 (1966), the court .....
Tag this Judgment!Court : US Supreme Court
..... light of these uncertainties, the secretary could conclude that the witness' estimate was unsupportable. [ footnote 4/24 ] witnesses testifying to the inability to construct a dose-response curve referred primarily to the impossibility of correlating the incidence of leukemia, blood disorders, and chromosomal damage with the levels and duration of ..... physical agents substantially identical to the test for standards generally -- plainly the opposite of what congress intended. and it is an odd canon of construction that would insert in a vague and general definitional clause a threshold requirement that overcomes the specific language placed in a standard-setting provision. ..... . without some estimate of benefits, it was argued, the secretary's decisionmaking would be defective. during the hearings, an industry witness attempted to construct such a dose-response curve. restricting himself to carcinogenic effects, he estimated that the proposed standard would save two lives every six years, and .....
Tag this Judgment!Court : US Supreme Court
..... air, but rather followed the approach in epa regulations, issued pursuant to the act, governing the availability of federal funds for treatment works construction, including construction of facilities to control sewer overflows. the regulations provide, as do the permits, for detailed evaluation of feasibility, engineering alternatives, and costs ..... city of milwaukee, and the metropolitan sewerage commission of the county of milwaukee, are municipal corporations organized under the laws of wisconsin. together, they construct, operate, and maintain sewer facilities serving milwaukee county, an area of some 420 square miles with a population of over one million people. [ ..... state court entered a judgment requiring discharges from the treatment plants to meet effluent limitations in the permits and establishing a timetable for additional construction to control sewage overflows. thereafter, the district court found that the existence of a federal common law nuisance had been proved, and entered .....
Tag this Judgment!Court : US Supreme Court
..... 82 95. (a) bcra 201 comprehensively amends feca 304, which requires political committees to file detailed periodic financial reports with the fec. the narrowing construction adopted in buckley limited feca s disclosure requirement to communications expressly advocating the election or defeat of particular candidates. bcra adopts a new term, electioneering ..... powerful reasons for adhering to the analysis of contribution limits that the court has consistently followed since buckley was decided. see hilton v. south carolina public railways comm n, 502 u. s. 197 , 202 (1991).[ footnote 40 ] like the contribution limits we upheld in buckley , 323 s restrictions have ..... we reject the plaintiffs first amendment challenge to new feca 323(a). new feca 323(b) s restrictions on state and local party committees in constructing a coherent scheme of campaign finance regulation, congress recognized that, given the close ties between federal candidates and state party committees, bcra s restrictions .....
Tag this Judgment!Court : US Supreme Court
..... argued, because the twenty-first amendment gave the states exclusive power to control the manufacture, transportation, and consumption of alcoholic beverages. the small percentage of highway-construction funds south dakota stood to lose by adhering to 19 as the age of eligibility to purchase 3.2% beer, however, was not enough to qualify ..... v. southern kansas r. co., 135 u. s. 641 659 (1890) (similar reliance on the commerce power regarding mandated sale of private property for railroad construction). in concluding that the commerce clause does not permit congress to regulate commercial inactivity, and there- fore does not allow congress to adopt the practical solution it ..... in part iii b that the individual mandate must be construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable. the most straightforward reading of the individual mandate is that it commands individuals to purchase insurance. but, for the reasons explained, the commerce .....
Tag this Judgment!Court : US Supreme Court
..... 16 of the 1870 act, essentially a reenactment of 1 of the 1866 act. beyond the most obvious and overriding difficulty with this approach to statutory construction -- whereby the plain terms of three statutes are ignored on the basis of the revisers' commentary to a fourth and apparently inconsistent provision -- there are ..... against private persons as well, with federal jurisdiction to hear "all causes . . . affecting persons" denied the specific, enumerated rights. thus, the very limiting construction urged of the term "and laws," as used in the revised statutes of 1874, cannot withstand scrutiny if predicated upon the proposition that the sole concern of the ..... are not "persons" for purposes of 1983, despite almost two decades of lower courts' reliance upon monroe and notwithstanding our exceptional reluctance to overrule our prior constructions of federal statutes. in a case such as this, where no square holdings have perpetuated our misapprehension of the meaning of 1983, we should be the .....
Tag this Judgment!Court : US Supreme Court
..... suits against the united states. i believe, therefore, that, once the government unequivocally waives its immunity from suit, the plaintiff's right to jury trial is a question of statutory construction. [ footnote 2/2 ] the proper inquiry is whether the statute expressly or by fair implication provides for a jury trial. [ footnote 2/3 ] see law v. united states, supra; united ..... congress intended to grant a jury trial right. 434 u.s. at 434 u. s. 583 . thus, the court held, as a page 453 u. s. 174 matter of statutory construction, that the adea allows jury trials in actions against private employers. in the instant case, congress similarly authorized aggrieved persons to seek and district courts to grant "such legal or .....
Tag this Judgment!Court : US Supreme Court
..... applied to mature minors. the court recognized and respected the well-settled rule that abstention is proper "where an unconstrued state statute is 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 ..... parent or guardian cannot be reached after a reasonable effort to find him or her, without first having given at least seventy-two (72) hours constructive notice to one of the parents or the legal guardian of the minor pregnant woman by certified mail to the last known address of one of the ..... state's parental consent provisions were unconstitutional as applied to mature minors, holding instead that "abstention is appropriate where an unconstrued state statute is 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 .....
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