Court : US Supreme Court
United States v. Treasury Employees - 513 U.S. 454 (1994) OCTOBER TERM, 1994 Syllabus UNITED STATES ET AL. v. NATIONAL TREASURY EMPLOYEES UNION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 93-1170. Argued November 8, 1994-Decided February 22,1995 Mter 501(b) of the Ethics in Government Act of 1978 was amended to prohibit a Member of Congress, federal officer, or other Government employee from accepting an honorarium for making an appearance or speech or writing an article, respondents-including individual members of, and a union representing, a class composed of all Executive Branch employees below grade GS-16 who, but for 501(b), would receive honoraria-filed a suit challenging the statute as an unconstitutional abridgment of their freedom of speech. The speeches and articles for which respondents had received honoraria in the past concerned matters such as religion, history, dance, and the environment; with few exceptions...
Tag this Judgment!Court : US Supreme Court
United States v. Winstar Corp. - 518 U.S. 839 (1996) OCTOBER TERM, 1995 Syllabus UNITED STATES v. WINSTAR CORP. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 95-865. Argued April 24, 1996-Decided July 1, 1996 Realizing that the Federal Savings and Loan Insurance Corporation (FSLIC) lacked the funds to liquidate all of the failing thrifts during the savings and loan crisis of the 1980's, the Federal Home Loan Bank Board (Bank Board) encouraged healthy thrifts and outside investors to take over ailing thrifts in a series of "supervisory mergers." As inducement, the Bank Board agreed to permit acquiring entities to designate the excess of the purchase price over the fair value of identifiable assets as an intangible asset referred to as supervisory goodwill, and to count such goodwill and certain capital credits toward the capital reserve requirements imposed by federal regulations. Congress's subsequent passage of the Financial Institutions ...
Tag this Judgment!Court : US Supreme Court
Baze v. Rees - 07-5439 (2008) SYLLABUS OCTOBER TERM, 2007 BAZE V. REES SUPREME COURT OF THE UNITED STATES BAZE etal. v . REES, COMMISSIONER, KENTUCKY DEPARTMENT OF CORRECTIONS, etal. certiorari to the supreme court of kentucky No. 075439.Argued January 7, 2008Decided April 16, 2008 Lethal injection is used for capital punishment by the Federal Government and 36 States, at least 30 of which (including Kentucky) use the same combination of three drugs:The first, sodium thiopental, induces unconsciousness when given in the specified amounts and thereby ensures that the prisoner does not experience any pain associated with the paralysis and cardiac arrest caused by the second and third drugs, pancuronium bromide and potassium chloride. Among other things, Kentuckys lethal injection protocol reserves to qualified personnel having at least one years professional experience the responsibility for inserting the intravenous (IV) catheters into the prisoner, leaving it to others to mi...
Tag this Judgment!Court : US Supreme Court
Monroe v. Pape - 365 U.S. 167 (1961) U.S. Supreme Court Monroe v. Pape, 365 U.S. 167 (1961) Monroe v. Pape No. 39 Argued November 8, 1960 Decided February 20, 1961 365 U.S. 167 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Under R.S. 1979, derived from 1 of the "Ku Klux Act" of April 20, 1871, petitioners (six Negro children and their parents) brought an action in a Federal District Court against the City of Chicago and 13 of its police officers for damages for violation of their rights under the Fourteenth Amendment. They alleged that, acting "under color of the statutes, ordinances, regulations, customs and usages" of Illinois and the City of Chicago, but without any warrant for search or arrest, the police officers broke into petitioners' home in the early morning, routed them from bed, made them stand naked in the living room, and ransacked every room, emptying drawers and ripping mattress covers; that the father was taken to the po...
Tag this Judgment!Court : US Supreme Court
Washington v. Glucksberg - 521 U.S. 702 (1997) OCTOBER TERM, 1996 Syllabus WASHINGTON ET AL. v. GLUCKSBERG ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-110. Argued January 8, 1997-Decided June 26,1997 It has always been a crime to assist a suicide in the State of Washington. The State's present law makes "[p]romoting a suicide attempt" a felony, and provides: "A person is guilty of [that crime] when he knowingly causes or aids another person to attempt suicide." Respondents, four Washington physicians who occasionally treat terminally ill, suffering patients, declare that they would assist these patients in ending their lives if not for the State's assisted-suicide ban. They, along with three gravely ill plaintiffs who have since died and a nonprofit organization that counsels people considering physician-assisted suicide, filed this suit against petitioners, the State and its Attorney General, seeking a declaration that the ban is, on ...
Tag this Judgment!Court : US Supreme Court
Seminole Tribe of Fla. v. Florida - 517 U.S. 44 (1995) OCTOBER TERM, 1995 Syllabus SEMINOLE TRIBE OF FLORIDA v. FLORIDA ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 94-12. Argued October 11, 1995-Decided March 27,1996 The Indian Gaming Regulatory Act, passed by Congress pursuant to the Indian Commerce Clause, allows an Indian tribe to conduct certain gaming activities only in conformance with a valid compact between the tribe and the State in which the gaming activities are located. 25 U. S. C. 2710(d)(I)(C). Under the Act, States have a duty to negotiate in good faith with a tribe toward the formation of a compact, 2710(d)(3)(A), and a tribe may sue a State in federal court in order to compel performance of that duty, 2710(d)(7). In this 2710(d)(7) suit, respondents, Florida and its Governor, moved to dismiss petitioner Seminole Tribe's complaint on the ground that the suit violated Florida's sovereign immunity from suit in federal ...
Tag this Judgment!Court : US Supreme Court
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
Argersinger v. Hamlin - 407 U.S. 25 (1972) U.S. Supreme Court Argersinger v. Hamlin, 407 U.S. 25 (1972) Argersinger v. Hamlin No. 70-5015 Argued December 6, 1971 Reargued February 28, 1972 Decided June 12, 1972 407 U.S. 25 CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus The right of an indigent defendant in a criminal trial to the assistance of counsel, which is guaranteed by the Sixth Amendment as made applicable to the States by the Fourteenth, Gideon v. Wainwright, 372 U. S. 335 , is not governed by the classification of the offense or by whether or not a jury trial is required. No accused may be deprived of his liberty as the result of any criminal prosecution, whether felony or misdemeanor, in which he was denied the assistance of counsel. In this case, the Supreme Court of Florida erred in holding that petitioner, an indigent who was tried for an offense punishable by imprisonment up to six months, a $1,000 fine, or both, and given a 90-day jail sentence, had n...
Tag this Judgment!Court : US Supreme Court
Fullilove v. Klutznick - 448 U.S. 448 (1980) U.S. Supreme Court Fullilove v. Klutznick, 448 U.S. 448 (1980) Fullilove v. Klutznick No. 78-1007 Argued November 27, 1979 Decided July 2, 1980 448 U.S. 448 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus The "minority business enterprise" (MBE) provision of the Public Works Employment Act of 1977 (1977 Act) requires that, absent an administrative waiver, at least 10% of federal funds granted for local public works projects must be used by the state or local grantee to procure services or supplies from businesses owned by minority group members, defined as United States citizens "who are Negroes, Spanish-speaking, Orientals, Indians, Eskimos, and Aleuts." Under implementing regulations and guidelines, grantees and their private prime contractors are required, to the extent feasible, in fulfilling the 10% MBE requirement, to seek out all available, qualified, bona fide MBE's, to provide technical a...
Tag this Judgment!Court : US Supreme Court
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...
Tag this Judgment!