Court : US Supreme Court
Decided on : Feb-22-2000
Fischer v. United States - 529 U.S. 667 (2000) OCTOBER TERM, 1999 Syllabus FISCHER v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 99-116. Argued February 22, 2000-Decided May 15,2000 Petitioner, while president and part owner of Quality Medical Consultants, Inc. (QMC), negotiated a $1.2 million loan to QMC from West Volusia Hospital Authority (WVHA), a municipal agency responsible for operating two Florida hospitals, both of which participate in the federal Medicare program. In 1993 WVHA received between $10 and $15 million in Medicare funds. Mter a 1994 audit of WVHA raised questions about the QMC loan, petitioner was indicted for violations of the federal bribery statute, including defrauding an organization which receives benefits under a federal assistance program, 18 U. S. C. 666(a)(I)(A), and paying a kickback to one of its agents, 666(a)(2). A jury convicted him on all counts, and the District Court sentenced him to impr...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-29-2000
Shalala v. Illinois Council on Long Term Care, Inc. - 529 U.S. 1 (2000) CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 1999 Syllabus SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. ILLINOIS COUNCIL ON LONG TERM CARE, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 98-1109. Argued November 8, 1999-Decided February 29, 2000 Under the Medicare Act's special review provisions, a nursing home that is "dissatisfied ... with a determination described in subsection (b)(2)" is "entitled to a hearing ... to the same extent as is provided in" the Social Security Act, 42 U. S. C. 405(b), "and to judicial review of the Secretary's final decision after such hearing as is provided in section 405(g) .... " 42 U. S. C. 1395cc(h)(1) (emphasis added). The crossreferenced subsection (b)(2) gives petitioner Secretary of Health and Human Services (HHS) power to terminate a provider agreement with a home where, for examp...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-01-2000
Rogers v. Tennessee - 532 U.S. 451 (2000) OCTOBER TERM, 2000 Syllabus ROGERS v. TENNESSEE CERTIORARI TO THE SUPREME COURT OF TENNESSEE No. 99-6218. Argued November 1, 2000-Decided May 14,2001 Following James Bowdery's death some 15 months after petitioner stabbed him, petitioner was convicted in Tennessee state court of second degree murder under the State's criminal homicide statute. Although that statute makes no mention of the common law "year and a day rule" -under which no defendant could be convicted of murder unless his victim died by the defendant's act within a year and a day of the act, see, e. g., Louisville, E. & St. L. R. Co. v. Clarke, 152 U. S. 230 , 239petitioner argued on appeal that the rule persisted as part of the State's common law and, as such, precluded his conviction. The Tennessee Court of Criminal Appeals disagreed and affirmed the conviction. In affirming, the State Supreme Court abolished the rule, finding that the reasons for recognizing the ...
Tag this Judgment!Court : US Supreme Court
Decided on : May-22-2000
Geier v. American Honda Motor Co. - 529 U.S. 861 (2000) OCTOBER TERM, 1999 Syllabus GEIER ET AL. v. AMERICAN HONDA MOTOR CO., INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No.98-1811. Argued December 7, 1999-Decided May 22, 2000 Pursuant to its authority under the National Traffic and Motor Vehicle Safety Act of 1966, the Department of Transportation (DOT) promulgated Federal Motor Vehicle Safety Standard (FMVSS) 208, which required auto manufacturers to equip some but not all of their 1987 vehicles with passive restraints. Petitioner Alexis Geier was injured in an accident while driving a 1987 Honda Accord that did not have such restraints. She and her parents, also petitioners, sought damages under District of Columbia tort law, claiming, inter alia, that respondents (hereinafter American Honda) were negligent in not equipping the Accord with a driver's side airbag. Ruling that their claims were expressly pre-empted by...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-28-2000
Stenberg v. Carhart - 530 U.S. 914 (2000) OCTOBER TERM, 1999 Syllabus STENBERG, ATTORNEY GENERAL OF NEBRASKA, ET AL. v. CARHART CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 99-830. Argued April 25, 2000-Decided June 28, 2000 The Constitution offers basic protection to a woman's right to choose whether to have an abortion. Roe v. Wade, 410 U. S. 113 ; Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 . Before fetal viability, a woman has a right to terminate her pregnancy, id., at 870 (plurality opinion), and a state law is unconstitutional if it imposes on the woman's decision an "undue burden," i. e., if it has the purpose or effect of placing a substantial obstacle in the woman's path, id., at 877. Postviability, the State, in promoting its interest in the potentiality of human life, may regulate, and even proscribe, abortion except where "necessary, in appropriate medical judgment, for the preservation of the [moth...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-28-2000
Hill v. Colorado - 530 U.S. 703 (2000) OCTOBER TERM, 1999 Syllabus HILL ET AL. v. COLORADO ET AL. CERTIORARI TO THE SUPREME COURT OF COLORADO No. 98-1856. Argued January 19, 2000-Decided June 28, 2000 Colorado Rev. Stat. 18-9-122(3) makes it unlawful for any person within 100 feet of a health care facility's entrance to "knowingly approach" within 8 feet of another person, without that person's consent, in order to pass "a leaflet or handbill to, displa[y] a sign to, or engag[e] in oral protest, education, or counseling with [that] person .... " Claiming that the statute was facially invalid, petitioners sought to enjoin its enforcement in state court. In dismissing the complaint, the District Judge held that the statute imposed content-neutral time, place, and manner restrictions narrowly tailored to serve a significant government interest under Ward v. Rock Against Racism, 491 U. S. 781 , in that Colorado had not "adopted a regulation of speech because of disagreement ...
Tag this Judgment!Court : US Supreme Court
Decided on : Nov-08-2000
United States v. Mead Corp. - 533 U.S. 218 (2000) OCTOBER TERM, 2000 Syllabus UNITED STATES v. MEAD CORP. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 99-1434. Argued November 8, 2000-Decided June 18,2001 The Harmonized Tariff Schedule of the United States authorizes the United States Customs Service to classify and fix the rate of duty on imports, under rules and regulations issued by the Secretary of the Treasury. As relevant here, the Secretary provides for tariff rulings before the entry of goods by regulations authorizing "ruling letters" setting tariff classifications for particular imports. Any of the 46 portof-entry Customs offices and the Customs Headquarters Office may issue such letters. Respondent imports "day planners," three-ring binders with pages for daily schedules, phone numbers and addresses, a calendar, and suchlike. Mter classifying the planners as duty free for several years, Customs Headquarters issued a ruling letter clas...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-21-2000
FDA v. Brown & Williamson Tobacco Corp. - 529 U.S. 120 (2000) OCTOBER TERM, 1999 Syllabus FOOD AND DRUG ADMINISTRATION ET AL. v. BROWN & WILLIAMSON TOBACCO CORP. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1152. Argued December 1, 1999-Decided March 21, 2000 The Food, Drug, and Cosmetic Act (FDCA or Act), 21 U. S. C. 301 et seq., grants the Food and Drug Administration (FDA), as the designee of the Secretary of Health and Human Services (HHS), the authority to regulate, among other items, "drugs" and "devices," 321(g)-(h), 393. In 1996, the FDA asserted jurisdiction to regulate tobacco products, concluding that, under the FDCA, nicotine is a "drug" and cigarettes and smokeless tobacco are "devices" that deliver nicotine to the body. Pursuant to this authority, the FDA promulgated regulations governing tobacco products' promotion, labeling, and accessibility to children and adolescents. The FDA found that tobacco use is the Nation's...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-28-2000
Mitchell v. Helms - 530 U.S. 793 (2000) OCTOBER TERM, 1999 Syllabus MITCHELL ET AL. v. HELMS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-1648. Argued December 1, 1999-Decided June 28, 2000 Chapter 2 of the Education Consolidation and Improvement Act of 1981 channels federal funds via state educational agencies (SEA's) to local educational agencies (LEA's), which in turn lend educational materials and equipment, such as library and media materials and computer software and hardware, to public and private elementary and secondary schools to implement "secular, neutral, and nonideological" programs. The enrollment of each participating school determines the amount of Chapter 2 aid that it receives. In an average year, about 30% of Chapter 2 funds spent in Jefferson Parish, Louisiana, are allocated for private schools, most of which are Catholic or otherwise religiously affiliated. Respondents filed suit alleging, among other things, that C...
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Decided on : Jun-26-2000
Apprendi v. New Jersey - 530 U.S. 466 (2000) OCTOBER TERM, 1999 Syllabus APPRENDI v. NEW JERSEY CERTIORARI TO THE SUPREME COURT OF NEW JERSEY No. 99-478. Argued March 28, 2000-Decided June 26, 2000 Petitioner Apprendi fired several shots into the home of an MricanAmerican family and made a statement-which he later retracted-that he did not want the family in his neighborhood because of their race. He was charged under New Jersey law with, inter alia, second-degree possession of a firearm for an unlawful purpose, which carries a prison term of 5 to lO years. The count did not refer to the State's hate crime statute, which provides for an enhanced sentence if a trial judge finds, by a preponderance of the evidence, that the defendant committed the crime with a purpose to intimidate a person or group because of, inter alia, race. Mter Apprendi pleaded guilty, the prosecutor filed a motion to enhance the sentence. The court found by a preponderance of the evidence that the sho...
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