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2002 Supreme Court Docket Summary
— By Thomas Goldstein

2002 Monthly Sittings: Oct | Nov | Dec | Jan | Feb | Mar | Apr | Summ Rev | Dismissed

 October 2002 Case List As of June 26, 2002
Cases decided after argument: 73
Summary reversals: 8 ll Summary affirmances: 5 ll Dismissed cases: 6

—FEBRUARY SITTING—
  • Pacificare Health Systems v. Book (02-215) (10/15; 02/24; 4/7) (CA11; Rev.; 8-0)
    Decision; Docket; Findlaw
    The Court will not decide whether an arbitration agreement’s prohibition on arbitrary punitive damages necessarily reaches RICO’s treble damages provisions without a decision in the first instance by the arbitrator.
    General Civil, Business, Statutory
    Opinion: [AS] & WHR, JPS, SOC, AMK, DS, RBG, SGB
  • CA Franchise Tax Board v. Hyatt (02-42) (10/15; 02/24;4/23) (Nev.; Aff.; Unan.)
    Decision; Docket; Findlaw
    The Full Faith and Credit Clause does not require Nevada to give full faith and credit to California’s statutes providing its tax agency with immunity from suit.
    General Civil, Non-Business, Constitutional
    Opinion: [SOC] & Unan.
  • Massaro v. United States (No. 01-1559)(10/01; 02/25;4/23) (CA2; Rev.; Unan.)
    Decision; Docket; Findlaw
    An ineffective-assistance-of-counsel claim may be brought in a habeas corpus proceeding, whether or not the petitioner could have raised the claim on direct appeal.
    Criminal, Non-Business, Statutory
    Opinion: [AMK] & Unan.
  • Clackamas Gastroenterology v. Wells (01-1435) (10/01; 02/25; 4/22) (CA9; Rev.; 7-2)
    Decision; Docket; Findlaw
    To decide whether director-shareholder physicians count as employees for purposes of determining whether a business has enough "employees" to be governed by the Americans with Disabilities Act, courts should look to the level of control the business exercises over the physicians.
    General Civil, Business, Statutory
    Opinion: [JPS], WHR, SOC, AS, AMK, DS, CT
    Dissent: [RBG] & SGB [The physicians should be counted as employees under the ADA; the ADA exception for small firms ought not apply here.]
  • Roell v. Withrow (02-69) (11/4; 2/26;4/29) (CA5; Rev.; 5-4)
    Decision; Docket; Findlaw
    When a district court refers a case to a magistrate judge under 28 U.S.C. § 636(c), consent to the magistrate judge’s designation can be inferred from a party’s appearances before the magistrate judge without objection during the litigation.
    General Civil, Non-Business, Statutory
    Opinion: [DS], WHR, SOC, RBG, SB
    Dissent: [CT], JPS, AS, AMK [Consent may not be implicit, and may not be given during the proceedings themselves.]
  • Dow Chemical Co. v. Stephensen (02-271) (11/4; 02/26;5/9) (CA2; Aff.; 4-4)
    Decision; Docket; Findlaw
    PER CURIAM
    With respect to respondents Joe Isaacson and Phyllis Lisa Isaacson, the judgment of the Court of Appeals for the Second Circuit is vacated, and the case is remanded for further consideration in light of Syngenta Crop Protection, Inc. v. Henson, 537 U. S. 28 (2002). With respect to respondents Daniel Raymond Stephen-son, Susan Stephenson, Daniel Anthony Stephenson, and Emily Elizabeth Stephenson, the judgment is affirmed by an equally divided Court.
    Opinion: JPS did not partake in this case.
    General Civil, Non-Business, Statutory
  • Sell v. United States (02-5664) (11/4; 3/3; 6/16) (CA8; Rev.; 6-3)
    Decision; Docket; Findlaw
    The Constitution permits the Government to involuntarily administer antipsychotic drugs to render a mentally ill defendant competent to stand trial only if the treatment is medically appropriate, is unlikely to have any side effects that will undermine the trial’s fairness, and is necessary in light of less intrusive alternatives.
    Criminal, Non-Business, Constitutional
    Majority: [SGB] & WHR, JPS, AMK, DS, RBG
    Dissent: [AS] & SOC, CT [Court lacks jurisdiction to hear this case.]
  • Illinois ex rel. Madigan v. Telemarketing Assoc. (01-1806) (11/4; 3/3; 5/5 ) (Ill. Sup. Ct.; Rev.; 9-0)
    Decision; Docket; Findlaw
    Consistent with the First Amendment, States may maintain fraud actions when fundraisers make false or misleading representations designed to deceive donors about how their donations will be used.
    General Civil, Business, Constitutional
    Opinion: [RBG] & Unan.
    Concurrence: [AS] & CT [There are cases where a donor would not have a reasonable expectation that all of his funds will reach the particular cause. For example, in many cases, the deduction of reasonable expenses should be expected. However, this case deals with a "solid core" of misrepresentations.]
  • National Park Hospitality Assn. v. Dept. of the Interior (02-196) (11/12; 3/4; 5/27) (CADC; Rev.; 7-2)
    Decision; Docket; Findlaw
    A challenge to National Park Service regulation rendering rules governing contracts with the government inapplicable to concession contracts with the Service is not ripe for review, because the regulation does not have the force of law.
    General Civil, Business, Statutory
    Majority: [CT] & WHR, AS, AMK, DS, RBG
    Concurrence: in judgment [JPS] [Petitioner has not satisfied the threshold requirement of alleging sufficient injury to invoke federal court jurisdiction. Had he alleged such injury, the case would not raise the problems that the ripeness doctrine was designed to avoid.]
    Dissent: [SGB] & SOC [Given congressional policy, the concrete nature of the injury, and the final nature of the agency action at issue, the issue is ripe for the Court’s consideration.]
  • United States v. American Library Ass’n (02-361) (11/12; 3/5) (E.D. Pa.; Rev.; 6-3)
    Decision; Docket; Findlaw
    The Children’s Internet Protection Act (CIPA), which requires public libraries to install on their computers software that blocks pornographic Internet sites before they can receive federal assistance to provide Internet access, is constitutional.
    General Civil, Non-Business, Constitutional
    Plurality: [WHR] & SOC, AS, CT
    Concurrences: in the judgment [AMK] [Because a librarian will "unblock" a computer upon a patron’s request, the burden on speech is minimal.]
    in judgment [SGB] [Court should apply heightened scrutiny to CIPA under the First Amendment. Burdens on speech are minimal and government interests are important, so statute passes.].
    Dissents: [JPS] [Because of defects in the software, much protected speech will be filtered out, and therefore CIPA forces libraries to censor protected speech in order to receive federal funds and is unconstitutional under the Spending Clause]
    [DS] & RBG [CIPA burdens protected speech and therefore violates First Amendment.]
  • Jinks v. Richland County, SC (02-258) (10/21; 3/5; 4/22) (S.C.; Rev.; Unan.)
    Decision; Docket; Findlaw
    The federal supplemental jurisdiction statute, which tolls the statute of limitations for state claims that are filed along with federal claims in federal court, applies to claims brought against a state’s political subdivisions.
    General Civil, Non-Business, Constitutional
    Opinion: [AS] & Unan.
    Concurrence: [DS    ]
2002 Monthly Sittings: Oct | Nov | Dec | Jan | Feb | Mar | Apr | Summ Rev | Dismissed