Court : US Supreme Court
..... he met federal vision standards for commercial truckdrivers. 143 f.3d 1228 , 1230-1231 (ca9 1998). for many decades the department of transportation and its predecessors have been responsible for devising these standards for individuals who drive commercial vehicles in interstate commerce.1 since 1971, the basic ..... a]ccident experience in recent years has demonstrated that reduction of the effects of organic and physical disorders, emotional impairments, and other limitations of the good health of drivers are increasingly important factors in accident prevention," 34 fed. reg. 9080, 9081 (1969) (notice of proposed rule making); the ..... house education and labor committee report); id., pt. 3, at 34 (house judiciary committee report). accordingly, two of these committees asked "the secretary of transportation [to] undertake a thorough review" of current knowledge about the capabilities of individuals with disabilities and available technological aids and devices, and make "any necessary changes .....
Tag this Judgment!Court : US Supreme Court
..... (a)(2); see 12101(a)(3) ("[d]iscrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services"). congress noted that the many forms such discrimination takes include "outright intentional ..... particular places and persons. the place must be a "place of public accommodation," and the person must be an "individual" seeking "enjoyment of the goods, services, facilities, privileges, advantages, or accommodations" of the covered place. 12182(a). of course a court indiscriminately invoking the "sweeping" and "expansive ..... provide rights for customers. "at common law, innkeepers, smiths, and others who made profession of a public employment, were prohibited from refusing, without good reason, to serve a customer." hurley v. irish-american gay, lesbian and bisexual group of boston, inc., 515 u. s. 557 , 571 .....
Tag this Judgment!Court : US Supreme Court
..... behrens, walter e. dellinger iii, pamela a. harris, jan s. amundson, david f. zoll, donald d. evans, and david t. deal; for the united transportation union by clinton j. miller iii; and for the washington legal foundation by griffin b. bell, jeffrey s. bucholtz, daniel j. popeo, and richard a. samp. ..... primed by a sufficient dose of asbestos, then the development of [mesothelioma] is inevitable.").15 in light of this evidence, an asbestosis sufferer would have good cause for increased apprehension about his vulnerability to another illness from his exposure, a disease that inflicts "agonizing, unremitting pain," relieved only by death, post ..... well as the undisputed testimony of the asbestosis claimants' expert that some ten percent of asbestosis sufferers have died of mesothelioma, the claimants would have good cause for increased apprehension about their vulnerability to cancer. although metro-north stressed that holding employers liable to workers merely exposed to asbestos would risk .....
Tag this Judgment!Court : US Supreme Court
..... . cohen, a calculating people 150-151 (1982). yet, however unaware the framers might have been of specific future census needs, say, of automobiles for transport or of computers for calculation, they fully understood that those future needs might differ dramatically from those of their own times. and they were optimists who might ..... court argues, "do[es] not expressly say" what is to occur when the numbers the secretary reported to the president are flawed; accordingly, because it "makes good sense" to do so, the court reads into the statute a third means by which the reapportionment can be altered: judicially decreed "mechanical revision" of "a ..... are actually selected, and its correction translates mechanically into a new apportionment of representatives without further need for exercise of policy judgment, such mechanical revision makes good sense. in such cases, the "certificate" previously sent would have turned out not to have been a proper or valid certificate, it being understood that .....
Tag this Judgment!Court : US Supreme Court
..... " as "an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities ..... services, the department of housing and urban development, the department of the interior, the department of justice, the department of labor, and the department of transportation. see 28 cfr 35.170(c), 35.172(b), 35.190(b) (1998). the ada contains several other provisions allocating regulatory and enforcement responsibility. ..... cert. denied, 511 u. s. 1071 (1994) (explaining that under title vii, a fired black employee "had to show that although he was not a good employee, equally bad employees were treated more leniently by [his employer] if they happened not to be black"). our cases interpreting 504 of the rehabilitation act of .....
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..... motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; "(b) does not apply to the transportation of household goods; and "(c) does not apply to the authority of a state or a political subdivision of a state to enact or enforce a law, ..... economy. that exception mentions neither states nor political subdivisions; it simply says that the general preemption rule, 14501(c)(1), "does not apply to the transportation of household goods," 14501(c)(2)(b). yet it is abundantly clear that, notwithstanding this difference in verbal formulation, 14501(c)(2)(b), like its neighbor 14501( ..... regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization; "(b) does not apply to the transportation of household goods; and "(c) does not apply to the authority of a state or a political subdivision of a state to enact or enforce a law, .....
Tag this Judgment!Court : US Supreme Court
..... be determined. footnote 15 indiana public transit: annual report 2006, p. 29, http:// www.in.gov/indot/files/indot_2006.pdf (hereinafter annual report). the 21 counties with no public transportation, according to the study, are: adams, blackford, brown, carroll, clay, de kalb, gibson, jennings, lagrange, parke, perry, posey, putnam, rush, spencer, steuben, tipton, ..... neither rejects nor embraces the rule of our precedents, provides no certainty, and will embolden litigants who surmise that our precedents have been abandoned. there is no good reason to prefer that course. * * * the universally applicable requirements of indiana s voter-identification law are eminently reasonable. the burden of acquiring, possessing, ..... ain t enough and the box can stand a few more ballots, clean off the mustache and vote em plain face. that makes every one of em good for four votes. a. callow, the tweed ring 210 (1966) (quoting m. werner, tammany hall 439 (1928)). footnote 12 judge barker cited record .....
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..... 183 (1941) (concurring opinion). 512 free interstate passage of citizens. the state law in ed wards v. california, 314 u. s. 160 (1941), which prohibited the transport of any indigent person into california, was a classic barrier to travel or migration and the court rightly struck it down. indeed, for most of this country's history, ..... brief for petitioners 5-6, they should have the authority and flexibility to ensure that their new programs are not exploited. congress has decided that it makes good welfare policy to give the states this power. california has reasonably exercised it through an objective, narrowly tailored residence requirement. i see nothing in the constitution ..... possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe for the general good of the whole. the right of a citizen of one state to pass through, or to reside in any other state, for purposes of trade, agriculture, .....
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..... congress found it. and the fact that both inferences are "equally tenable," pension benefit guaranty corp., supra, at 650 (citation and internal quotation marks omitted); johnson v. transportation agency, santa clara cty., 480 u. s. 616 , 672 (1987) (scalia, j., dissenting), prevents the majority from drawing from the later statutes the firm, ..... more unlikely assertions of agency jurisdiction. see, e. g., permian basin area rate cases, 390 u. s. 747, 774-777 (1968) (statutory authority to regulate interstate "transportation" of natural gas includes authority to regulate "prices" charged by field producers); phillips petroleum co. v. wisconsin, 347 u. s. 672 , 677-684 (1954) ( ..... path, i. e., the safest path, then it can-and does-provide a "reasonable assurance" of "safety" within the meaning of the statute. a good football helmet provides a reasonable assurance of safety for the player even if the sport itself is still dangerous. and the safest regulatory choice by definition offers a .....
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..... other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. footnote 3 the dissent would interpret the statute along the same lines as the plaintiffs, to ..... , the government cites only to evidence that congress was concerned about the fungible nature in general of resources, predominately money and material goods. it points to a congressional finding that foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any ..... services that might be construed as encompassing the plaintiffs activities. but in context, those terms are more naturally understood as referring to contributions of goods, money, or training and other services (say, computer programming) that could be diverted to, or free funding for, terrorist ends. see .....
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