Us Supreme Court Court June 2007 Judgments
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Panetti Vs. Quarterman
Court: US Supreme Court
Decided on: Jun-28-2007
Panetti v. Quarterman - 06-6407 (2007) SYLLABUS OCTOBER TERM, 2006 PANETTI V. QUARTERMAN SUPREME COURT OF THE UNITED STATES PANETTI v . QUARTERMAN, DIRECTOR, TEXASDEPARTMENT OF CRIMINAL JUSTICE, COR-RECTIONAL INSTITUTIONS DIVISION certiorari to the united states court of appeals for the fifth circuit No. 066407.Argued April 18, 2007Decided June 28, 2007 Petitioner was convicted of capital murder in a Texas state court and sentenced to death despite his well-documented history of mental illness. After the Texas courts denied relief on direct appeal, petitioner filed a federal habeas petition pursuant to 28 U. S. C. 2254, but the District Court and the Fifth Circuit rejected his claims, and this Court denied certiorari. In the course of these initial state and federal proceedings, petitioner did not argue that mental illness rendered him incompetent to be executed. Once the state trial court set an execution date, petitioner filed a motion under Texas law claiming, for the fir...
LeegIn Creative Leather Products, Inc. Vs. Psks, Inc.
Court: US Supreme Court
Decided on: Jun-28-2007
Leegin Creative Leather Products, Inc. v. PSKS, Inc. - 06-480 (2007) SYLLABUS OCTOBER TERM, 2006 LEEGIN CREATIVE LEATHER PRODUCTS, INC. V.PSKS, INC. SUPREME COURT OF THE UNITED STATES LEEGIN CREATIVE LEATHER PRODUCTS, INC. v . PSKS, INC., dba KAYS KLOSET KAYS SHOES certiorari to the united states court of appeals for the fifth circuit No. 06480.Argued March 26, 2007Decided June 28, 2007 Given its policy of refusing to sell to retailers that discount its goods below suggested prices, petitioner (Leegin) stopped selling to respondents (PSKS) store. PSKS filed suit, alleging, inter alia, that Leegin violated the antitrust laws by entering into vertical agreements with its retailers to set minimum resale prices. The District Court excluded expert testimony about Leegins pricing policys procompetitive effects on the ground that Dr. Miles Medical Co. v. John D. Park & Sons Co. , 220 U. S. 373 , makes it per se illegal under 1 of the Sherman Act for a manufacturer and it...
Parents Involved in Community Schools Vs. Seattle School Dist. No. 1
Court: US Supreme Court
Decided on: Jun-28-2007
Parents Involved in Community Schools v. Seattle School Dist. No. 1 - 05-908 (2007) SYLLABUS OCTOBER TERM, 2006 PARENTS INVOLVED IN COMMUNITY SCHOOLS V.SEATTLE SCHOOL DIST. NO. 1 SUPREME COURT OF THE UNITED STATES PARENTS INVOLVED IN COMMUNITY SCHOOLS v . SEATTLE SCHOOL DISTRICT NO. 1 et al. certiorari to the united states court of appeals for the ninth circuit No. 05908.Argued December 4, 2006Decided June 28, 2007 Respondent school districts voluntarily adopted student assignment plans that rely on race to determine which schools certain children may attend. The Seattle district, which has never operated legally segregated schools or been subject to court-ordered desegregation, classified children as white or nonwhite, and used the racial classifications as a tiebreaker to allocate slots in particular high schools. The Jefferson County, Ky., district was subject to a desegregation decree until 2000, when the District Court dissolved the decree after finding that the distric...
Morse Vs. Frederick
Court: US Supreme Court
Decided on: Jun-25-2007
Morse v. Frederick - 06-278 (2007) SYLLABUS OCTOBER TERM, 2006 MORSE V. FREDERICK SUPREME COURT OF THE UNITED STATES MORSE et al. v . FREDERICK certiorari to the united states court of appeals for the ninth circuit No. 06278.Argued March 19, 2007Decided June 25, 2007 At a school-sanctioned and school-supervised event, petitioner Morse, the high school principal, saw students unfurl a banner stating BONG HiTS 4 JESUS, which she regarded as promoting illegal drug use. Consistent with established school policy prohibiting such messages at school events, Morse directed the students to take down the banner. When one of the students who had brought the banner to the eventrespondent Frederickrefused, Morse confiscated the banner and later suspended him. The school superintendent upheld the suspension, explaining, inter alia , that Frederick was disciplined because his banner appeared to advocate illegal drug use in violation of school policy. Petitioner school board also upheld t...
Wilkie Vs. Robbins
Court: US Supreme Court
Decided on: Jun-25-2007
Wilkie v. Robbins - 06-219 (2007) SYLLABUS OCTOBER TERM, 2006 WILKIE V. ROBBINS SUPREME COURT OF THE UNITED STATES WILKIE et al. v . ROBBINS certiorari to the united states court of appeals for the tenth circuit No. 06219.Argued March 19, 2007Decided June 25, 2007 Plaintiff-respondent Robbinss Wyoming guest ranch is a patchwork of land parcels intermingled with tracts belonging to other private owners, the State of Wyoming, and the National Government. The previous owner granted the United States an easement to use and maintain a road running through the ranch to federal land in return for a right-of-way to maintain a section of road running across federal land to otherwise isolated parts of the ranch. When Robbins bought the ranch, he took title free of the easement, which the Bureau had not recorded. Robbins continued to graze cattle and run guest cattle drives under grazing permits and a Special Recreation Use Permit (SRUP) issued by the Bureau of Land Management. Upon le...
HeIn Vs. Freedom from Religion Foundation, Inc.
Court: US Supreme Court
Decided on: Jun-25-2007
Hein v. Freedom From Religion Foundation, Inc. - 06-157 (2007) SYLLABUS OCTOBER TERM, 2006 HEIN V. FREEDOM FROM RELIGION FOUNDATION, INC. SUPREME COURT OF THE UNITED STATES HEIN, DIRECTOR, WHITE HOUSE OFFICE OF FAITH-BASED AND COMMUNITY INITIATIVES, et al. v . FREEDOM FROM RELIGION FOUNDATION, INC., et al. certiorari to the united states court of appeals for the seventh circuit No. 06157.Argued February 28, 2007Decided June 25, 2007 The President, by executive orders, created a White House office and several centers within federal agencies to ensure that faith-based community groups are eligible to compete for federal financial support. No congressional legislation specifically authorized these entities, which were created entirely within the Executive Branch, nor has Congress enacted any law specifically appropriating money to their activities, which are funded through general Executive Branch appropriations. Respondents, an organization opposed to Government endorsement of...
Federal Election Comm’n Vs. WisconsIn Right to Life, Inc.
Court: US Supreme Court
Decided on: Jun-25-2007
Federal Election Commn v. Wisconsin Right to Life, Inc. - 06-969 (2007) SYLLABUS OCTOBER TERM, 2006 FEDERAL ELECTION COMM'N V. WISCONSIN RIGHT TOLIFE, INC. SUPREME COURT OF THE UNITED STATES FEDERAL ELECTION COMMISSION v . WISCONSIN RIGHT TO LIFE, INC. appeal from the united states district court for the district of columbia No. 06969.Argued April 25, 2007Decided June 25, 2007 Section 203 of the Bipartisan Campaign Reform Act of 2002 (BCRA), makes it a federal crime for a corporation to use its general treasury funds to pay for any electioneering communication, 2 U. S. C. 441b(b)(2), which BCRA defines as any broadcast that refers to a candidate for federal office and is aired within 30 days of a federal primary election or 60 days of a federal general election in the jurisdiction where that candidate is running, 434(f)(3)(A). In McConnell v. Federal Election Commn, 540 U. S. 93 , this Court upheld 203 against a First Amendment facial challenge even though the section e...
National Assn. of Home Builders Vs. Defenders of Wildlife
Court: US Supreme Court
Decided on: Jun-25-2007
National Assn. of Home Builders v. Defenders of Wildlife - 06-340 (2007) SYLLABUS OCTOBER TERM, 2006 NATIONAL ASSN. OF HOME BUILDERS V. DEFENDERSOF WILDLIFE SUPREME COURT OF THE UNITED STATES NATIONAL ASSOCIATION OF HOME BUILDERS et al. v . DEFENDERS OF WILDLIFE et al. certiorari to the united states court of appeals for the ninth circuit No. 06340.Argued April 17, 2007Decided June 25, 2007 Under the Clean Water Act (CWA), petitioner Environmental Protection Agency (EPA) initially administers each States National Pollution Discharge Elimination System (NPDES) permitting program, but CWA 402(b) provides that the EPA shall approve transfer of permitting authority to a State upon application and a showing that the State has met nine specified criteria. Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) requires federal agencies to consult with agencies designated by the Secretaries of Commerce and the Interior to insure that a proposed agency action is unlikely to jeop...
Rita Vs. United States
Court: US Supreme Court
Decided on: Jun-21-2007
Rita v. United States - 06-5754 (2007) SYLLABUS OCTOBER TERM, 2006 RITA V. UNITED STATES SUPREME COURT OF THE UNITED STATES RITA v . UNITED STATES certiorari to the united states court of appeals for the fourth circuit No. 065754.Argued February 20, 2007Decided June 21, 2007 Petitioner Rita sought a sentence lower than the recommended Federal Guidelines range of 33 to 41 months based on his physical condition, likely vulnerability in prison, and military experience. The judge concluded that the appropriate sentence was 33 months, the bottom of the Guidelines range. In affirming, the Fourth Circuit observed that a sentence imposed within a properly calculated Guidelines range is presumptively reasonable. Held: 1. A court of appeals may apply a presumption of reasonableness to a district court sentence within the Guidelines. Pp. 716. (a) Such a presumption is not binding. It does not reflect strong judicial deference of the kind that leads appeals court to grant gr...
Tellabs, Inc. Vs. Makor Issues and Rights, Ltd.
Court: US Supreme Court
Decided on: Jun-21-2007
Tellabs, Inc. v. Makor Issues & Rights, Ltd. - 06-484 (2007) SYLLABUS OCTOBER TERM, 2006 TELLABS, INC. V. MAKOR ISSUES & RIGHTS, LTD. SUPREME COURT OF THE UNITED STATES TELLABS, INC., et al. v . MAKOR ISSUES & RIGHTS, LTD., et al. certiorari to the united states court of appeals for the seventh circuit No. 06484.Argued March 28, 2007Decided June 21, 2007 As a check against abusive litigation in private securities fraud actions, the Private Securities Litigation Reform Act of 1995 (PSLRA) includes exacting pleading requirements. The Act requires plaintiffs to state with particularity both the facts constituting the alleged violation, and the facts evidencing scienter, i.e. , the defendants intention to deceive, manipulate, or defraud. Ernst & Ernst v. Hochfelder , 425 U. S. 185 , 194, and n. 12. As set out in 21D(b)(2), plaintiffs must state with particularity facts giving rise to a strong inference that the defendant acted with the required state of mind. 15 U. S. C...
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