 |
|
|
|
|
|
|
|
|
|||||||||||
 |
|
||||||||||||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
||||||||
 |
 |
|
 |
||||||||||||||||
 |
 |
|
|||||||||||||||||
 |
|
||||||||||||||||||
|
||||||||||||||||||||||||||
| -2000 Supreme Court Docket Summary | ||||||||||||||||||||||||||
|
..Monthly
Sittings: Oct
| Nov |
Dec | Jan
| Feb |
Mar |
April
|| Tom's
Top 10 Cases ||
........................... Cases Reversals || Affirmances || Dismissals || Non argued | ||||||||||||||||||||||||||
|
|
OCTOBER SITTING: WEEK NO. 1 - ***
Taxpayers may increase their bases in S corporations by the amount of the corporationÿs discharge of indebtedness excluded from gross income, and the increase before the tax attributes are reduced. Class: general civil; business; statutory Majority: [CT] & WHR, JPS, SOC, AS, AMK, DS, RBG Dissent: [SGB] (in part) The narrow exception for refusing to enforce arbitration agreements contrary to public policy does not encompass an arbitration award requiring reinstatement of an employee for drug use. Class: general civil; business; statutory Majority: [SGB] & WHR, JPS, SOC, AMK, DS, RBG Concurrence: [AS] (in judgment) & CT Suspicionless roadblocks are unconstitutional if the intent is to find illicit drugs. Class: criminal; nonbusiness; constitutional Majority: [SOC] & JPS, AMK, DS, RBG, SGB Dissents: [WHR] & CT, AS (in part); [CT] An order dismissing a case and compelling arbitration is appealable. An arbitration clause that carries the risk of substantial fees is not per se unenforceable because it is contrary to the Truth in Lending Act. Class: general civil; business; statutory Majority: [WHR] & AS, SOC, AMK, CT & [in part] JPS, DS, RBG, SGB Dissent: [RBG] & JPS, DS & [in part] SGB A hospital cannot test expectant mothers for crack cocaine and provide the information to the police without knowing consent. Class: civil rights; nonbusiness; constitutional Majority: [JPS] & SOC, DS, RBG, SGB Concurrence: [AMK] (in judgment) Dissent: [AS] & WHR, CT Congress cannot bar the use of LSC money to challenge existing welfare law. Class: civil rights; nonbusiness; constitutional Majority: [AMK] & JPS, DS, RBG, SGB Dissent: [AS] & WHR, SOC, CT
OCTOBER SITTING: WEEK NO. 2 - A license is not "property" for purposes of the mail fraud act. Class: criminal; non-business; statutory Majority: [RBG] & unanimous A state post-conviction application is "properly filed" for purposes of AEDPA when all filing requirements are complied with. Class: criminal; non-business; statutory Majority: [AS] & unanimous States are immune from suit under the Americans With Disabilities Act. Class: civil rights; non-business; constitutional Majority: [WHR] & SOC, AS, AMK, CT Concurrence: [AMK] & SOC Dissent: [SGB] & JPS, DS, RBG This school athletic association is a state actor. Class: civil rights; non-business; constitutional Majority: [DS] & JPS, SOC, RBG, SGB Dissent: [CT] & WHR, AS, AMK NOVEMBER SITTING: WEEK NO. 1 - A regulation providing that prisoners who committed firearms-related offenses are not eligible for release after completing a drug treatment program is valid. Class: criminal; non-business; statutory Majority: [RBG] & SOC, AS, DS, CT, SGB Dissent: [JPS] & WHR, AMK "Flood waters" for purposes of federal immunity are those that actually overrun facilites. Class: general civil; business; statutory Majority: [JPS] & Unanimous The Clean Water Act does not apply to waters not adjacent to open water. Class: general civil; business; constitutional Majority: [WHR] & SOC, AS, AMK, CT Dissent: [JPS] & DS, RBG, SGB Civil commitment of a sexual predator cannot be challenged as "punitive" in violation of Double Jeopardy and Ex Post Facto "as applied." Class: criminal; non-business; constitutional Majority: [SOC] & WHR, AS, AMK, DS, RBG, SGB Concurrence: [AS] & DS; [CT] (in judgment) Dissent: [JPS] Police may secure a residence for a short time pending issuance of a search warrant if they have probable cause and reasonably believe evidence would otherwise be destroyed. Class: criminal; non-business; constitutional Majority: [SGB] & WHR, SOC, AS, AMK, DS, CT, RBG Concurrence: [DS] Dissent: [JPS] A state may retroactively abrogate its "year and a day" rule for homicide. Class: criminal; non-business; constitutional Majority: [SOC] & WHR, AMK, DS, RBG Dissent: [JPS]; [AS] & JPS, CT & [SGB] (in part); [SGB]
NOVEMBER SITTING: WEEK NO. 2 - The Federal Arbitration Act applies to most employment contracts. Class: general civil; business; statutory Majority: [AMK] & WHR, SOC, AS, CT Dissent: [DS] & JPS, RBG, SGB; [JPS] & RBG, SGB, DS (in part) A state may not direct federal elected officials to vote for term limits and note noncompliance on the ballot. Class: general civil; non-business; constitutional Majority: [JPS] & AS, AMK, RBG, SGB & DS [in part] & CT [in part] Concurrence: [AMK]; [CT] in part and in the judgment; [WHR] (in judgment) & SOC The Clean Air Actÿs provision for setting particulate levels is not an unconstitutional delegation and the EPA may not consider costs in setting clear air standards. Class: general civil; business; statutory and constitutional Majority: [AS] & WHR, SOC, AMK, CT, RBG & JPS, DS (in part) & SGB (in part) Concurrences: [CT]; [JPS] (in part and judgment) & DS; [SGB] (in part and judgment) QP: What deference is owed to Customs Service classification rulings? Class: general civil; business; statutory ERISA preempts "divorce revocation" statutes. Class: general civil; business; statutory Majority: [CT] & WHR, SOC, AS, AMK, DS, RBG Dissent: [SGB] & JPS DECEMBER SITTING: WEEK NO. 1 - The district courtÿs findings that race predominated in this district were clearly erroneous. Class: civil rights; non-business; constitutional Majority: [SGB] & JPS, SOC, DS, RBG Dissent: [CT] & WHR, AS, AMK Any sentencing enhancement constitutes "prejudice" for purposes of an ineffective assistance of counsel claim. Class: criminal; non-business; constitutional Majority: [AMK] & unanimous This case is moot. Class: civil rights; business; constitutional Majority: [RBG] & unanimous Banks for cooperatives under the farm credit system institutions are subject to state taxes. Class: general civil; business; constitutional Majority: [CT] & unanimous Trade dress protection does not extend to product configuration covered by an expired utility patent. Class: general civil; business; statutory Majority: [AMK] & unanimous State court may adjudicate claims that fall within the savings to suitors clause of 28 USC 1333(1) so long as the vesselÿs ownerÿs right to seek limitation of liability is protected. Class: general civil; business; statutory Majority: [SOC] & Unanimous DECEMBER SITTING: WEEK NO. 2 - "Fraud on the agency" claims are preempted by the Medical Device Amendments to the Food, Drug, and Cosmetic Act. Class: general civil; business; statutory Majority: [WHR] & SOC, AS, AMK, DS, RBG, SGB Concurrence: [JPS] & CT (in judgment) The Fourth Amendment permits custodial arrests for fine-only offenses. Class: civil rights; non-business; constitutional Majority: [DS] & WHR, AS, AMK, CT Dissent: [SOC] & JPS, RBG, SGB The res judicata effect of a statute of limitations dismissal by a federal court sitting in diversity is governed by state law. Class: general civil; business; statutory Majority: [AS] & Unanimous The First Amendment privileges disclosure of the contents of an unlawful wiretap by someone not involved in the interception if the information is of public importance. Class: civil rights; non-business; constitutional Majority: [JPS] & SOC, AMK, DS, RBG, SGB Concurrence: [SGB] & SOC Dissent: [WHR] & AS, CT
DECEMBER INTERIM CASES - The Florida Supreme Court must clarify the relationship of its decision to 3 U.S.C. þ 5 and Article II. Class: civil rights; non-business; constitutional Majority: [PC] & unanimous The Florida recounts violate Equal Protection and cannot proceed. Class: civil rights; non-business; constitutional Majority: [PC]: WHR, AS, SOC, AMK, CT Concurrence: [WHR] & AS, CT Dissents: [JPS] & RBG, SGB [DS] & SGB & [in part] JPS, RBG [RBG] & JPS & [in part] DS, SGB [SGB] & JPS & [in part] RBG & [in separate part] DS JANUARY SITTING: WEEK NO. 1 - A defendant under þ 2255 may not challenge a state sentence used as a sentencing enhancement. Class: criminal; non-business; statutory Majority: [SOC] & WHR, AMK, CT & AS [in part] Concur: [AS] Dissent: [DS] & JPS, RBG; [SGB] Abuse of discretion review applies to a district courtÿs determination that convictions are "related" under the Sentencing Guidelines. Class: criminal; non-business; statutory Majority: [SGB] & unanimous QP: May the government constitutionally distinguish between out-of-wedlock children of U.S. citizen mothers and fathers in citizenship determinations? Class: civil rights; non-business; constitutional A death-eligible defendant has the right to inform the jury that he would be parole ineligible if the juryÿs verdict could lead to life without parole. Class: criminal; non-business; constitutional Majority: [RBG] & WHR, JPS, SOC, AMK, DS, SGB Dissent: [AS]; [CT] The governmentÿs communications with Indian tribes are not exempt from disclosure under the FOIA. Class: general civil; non-business; statutory Majority: [DS] & unanimous
JANUARY SITTING: WEEK NO. 2 - A prisoner has no First Amendment right to provide another prisoner with legal assistance. Class: criminal; non-business; constitutional Majority: [CT] & unanimous Concurrence: [RBG] There is no implied right of action to enforce disparate impact regulations under Title VI of the Civil Rights Act of 1964. Class: civil rights, non-business; statutory Majority: [AS] & WHR, SOC, AMK, CT Dissent: [JPS] & DS, RBG, SGB The Sixth Amendment attaches to all charged offenses as defined by the Blockburger test. Class: criminal; non-business; constitutional Majority: [WHR] & SOC, AS, AMK, CT Concur: [AMK] & AS, CT Dissent: [SGB] & JPS, DS, RBG QP: How does the ADA apply to professional athletics? Class: civil rights; business; statutory FEBRUARY SITTING: WEEK NO. 1 - QP: Does use of a thermal imaging machine constitute a "search"? Class: criminal; non-business; constitutional A petitioner under þ 2254 may not challenge a previous state conviction used to enhance a subsequent conviction. Class: criminal; non-business; statutory Majority: [SOC] & WHR, AMK, CT [in part] & AS [in separate part] Dissent: [DS] & JPS, RBG; [SGB] Applicat of medicare taxes, but not social security taxes, to judges violated the Compensation Clause. Class: general civil; non-business; constitutional Majority: [SGB] & WHR, AMK, DS, RBG, AS (in part) Dissent: [AS] (in part); [CT] (in part) Recused: JPS, SOC QP: For how long may the government detain a non-deportable alien? Class: criminal; non-business; statutory and constitutional QP: Are nursing home nurses "supervisors" for purposes of the NLRA? Class: general civil; business; statutory
FEBRUARY SITTING: WEEK NO. 2 - De novo appellate review applies to a trial courtÿs ruling on a challenge to a punitive damages award. Class: general civil; business; constitutional Majority: [JPS] & WHR, SOC, AMK, DS, CT, SGB Concurrence: [CT]; [AS] (in judgment) Dissent: [RBG] QP: Does a pre-existing regulation bar a regulatory takings claim? Class: general civil; business; constitutional Schemes for paying government contractors trigger do not due process protections when a standard breach of contract action is available. Class: general civil; business; constitutional Majority: [WHR] & Unan. QP: Is the "catalyst theory" still available for plaintiffs to recover attorneysÿ fees? Class: civil rights; business; statutory Back wages are taxed for purposes of the Federal Insurance Contribution Act and the Federal Unemployment Tax Act by reference to the year of payment. Class: general civil; business; statutory Majority: [RBG] & WHR, JPS, SOC, AMK, DS, CT, SGB Concurrence: [AS] in judgment QP: May schools make their facilities available only to non-religious groups? Class: civil rights; non-business; constitutional QP: Is the party expenditure provision of the Federal Election Campaign Act constitutional? Class: general civil; non-business; constitutional MARCH SITTING: WEEK NO. 1 - QP: Does an arbitration agreement waive tribal sovereign immunity? Class: general civil; business; constitutional QP: Does a finding of use of unreasonable force precluding finding qualified immunity, and was there unreasonable force in this case? Class: civil rights; non-business; statutory QP: Must prisoners exhaust administrative remedies when they seek only monetary damages? Class: civil rights; non-business; statutory A secret intent not to honor an oral option violates Section 10(b). Class: general civil; business; statutory Majority: [SGB] & Unanimous QP: When do tribal courts have jurisdiction over state officials for on-reservation conduct? Class: general civil; non-business; constitutional
MARCH SITTING: WEEK NO. 2 - QP: How should product liability losses be carried back for tax purposes? Class: general civil; business; statutory QP: Is AEDPAÿs statute of limitations tolled while a prior federal habeas petition is pending? Class: criminal; non-business; statutory QP: May Indian tribes tax transactions between non-Indians on privately held lands surrounded by reservation? Class: general civil; business; constitutional QP: How must a capital penalty phase jury be able to consider mitigating circumstances of mental retardation and abuse? Is a court-appointed psychiatrist a state actor for purpose of the right to remain silent? Class: criminal; non-business; constitutional QP: Does the "revision" privilege of the Copyright Act encompass publication in electronic databases? Class: general civil; business; statutory The Controlled Substances Act bans the distribution of marijuana for medicinal purposes. Class: general civil; non-business; statutory Majority: [CT] & WHR, SOC, AS, AMK Concur: [JPS] & DS, RBG (in judgment) Recuse: SGB APRIL SITTING: WEEK 1 - QP: Does a timely but unsigned certificate of appealability satisfy FRAP 4(a)? Class: criminal; non-business; statutory QP: Does Cage v. Louisiana apply retroactively on habeas? Class: criminal; non-business; constitutional QP: May the government require payment of an advertising assessment by mushroom growers and importers? Class: civil rights; business; constitutional QP: Does a one-day transfer of a prisoner in violation of the Interstate Agreement of Detainers require dismissal of charges? Class: criminal; non-business; statutory QP: Must the "person" be distinct from the "enterprise" under RICO? Class: general civil; business; statutory QP: Is there a general maritime negligence cause of action for wrongful death? Class: general civil; business; statutory APRIL SITTING: WEEK 2 - QP: Has Congress defeated a Stateÿs title to certain submerged lands? Class: general civil; non-business; statutory QP: Is front pay an element of compensatory damages under 42 U.S.C. þ 1981a? Class: civil rights; business; statutory QP: If district courts do not have habeas jurisdiction over final removal orders, is the Illegal Immigration Reform and Immigrant Responsibility Act unconstitutional? Class: criminal; non-business; constitutional QP: Do district courts have habeas jurisdiction over final removal orders? Class: criminal; non-business; statutory QP: Are restrictions on tobacco advertising preempted by federal law or violative of the First Amendment? Class: general civil; business; statutory and constitutional QP: Does New York v. Belton apply when a vehicleÿs driver exits the car voluntarily and walks away from the vehicle? Class: criminal; non-business; constitutional
NON-ARGUED CASES Fiore v. White (98-942) (3/29/99; 10/12/99 (then certified); 1/9) (CA3; Reverse) States cannot convict someone on a nonexistent charge. Class: criminal; non-business; constitutional Majority: [PC] & unanimous SUMMARY REVERSALS Sinkfield v. Kelley (00-132http://www.supremecourtus.gov/docket/00-132.htm) (11/27) (M.D. Ala.) -standing in racial gerrymandering cases Ohio v. Reiner (00-1028http://www.supremecourtus.gov/docket/00-1028.htm) (3/19) (OH) -Fifth Amendment immunity rights of witnesses Clark County, NV v. Breeden (00-866http://www.supremecourtus.gov/docket/00-866.htm) -trigger for Title VII liability Major League Baseball Playersÿ Assÿn v. Garvey (00-1210http://www.supremecourtus.gov/opinions/00pdf/00-1210.pdf) (CA9) [8-1] -review of arbitratorsÿ ruling
SUMMARY AFFIRMANCES Virginia v. Reno (00-862) (1/8) (D.D.C.) -use of census figures Class: civil rights; non-business; statutory CASES DISMISSED WITHOUT OPINION GTE Serv. Corp. v. FCC (99-1244http://www.supremecourtus.gov/docket/99-1244.htm) (6/5; 12/6) (CA5) QP: How should costs be allocated under 1996 Telecommunications Act? Class: general civil; business; statutory Reynolds Metal v. Ellis (99-1787http://www.supremecourtus.gov/docket/99-1787.htm) (11/27; 12/29) (CA9) QP: May an ERISA plan fiduciary seek reimbursement from a participant under 29 USC þ 1132(a)(3)? Class: general civil; business; statutory Murphy v. Beck (00-46http://www.supremecourtus.gov/docket/00-46.htm) (9/26; 1/12) (CA11) QP: Has the DÿOench, Duhme doctrine been superceded by FIRREA? Class general civil; business; statutory District of Columbia v. Tri County Indus. (99-1953http://www.supremecourtus.gov/docket/99-1953.htm) (9/26; 1/10) (CADC) QP: How should appellate courts review district courtsÿ new trial orders? Class: general civil; non-business; constitutional
|
|||||||||||||||||||||||||
|
[About
CFIF]--[Freedom
Line]--[Legal Issues]--[Legislative
Issues]--[We
The People]- [Donate]-
[Home]-
[Search]--[Site Map]
© 2000 Center For Individual Freedom, All Rights Reserved. CFIF Privacy Statement Designed by Wordmarque Design Associates |
||||||||||||||||||||||||||
