http://www.oyez.org/cases/1991/podcast U.S. Supreme Court Oral Arguments, presented by The Oyez Project (www.oyez.org) en The Oyez Project at Chicago-Kent http://www.oyez.org/cases/1990-1999/1991/1991_90_1918/argument None Wed, 22 Apr 1992 13:00:00 +0000 57414 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_744/argument The Pennsylvania legislature amended its abortion control law in 1988 and 1989. Among the new provisions, the law required informed consent and a 24 hour waiting period prior to the procedure. A minor seeking an abortion required the consent of one parent (the law allows for a judicial bypass procedure). A married woman seeking an abortion had to indicate that she notified her husband of her intention to abort the fetus. These provisions were challenged by several abortion clinics and physicians. A federal appeals court upheld all the provisions except for the husband notification requirement. Wed, 22 Apr 1992 13:00:00 +0000 57459 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_1502/argument Under Article I, Section 2, Clause 3 of the Constitution, a census must be conducted every ten years and the distribution of Representatives in Congress adjusted to provide proportional representation. The census is designed and carried out by the Secretary of Commerce before the results are forwarded to the President, who determines the number of Representatives each state will receive. In 1990, for only the second time since 1900, the census allocated employees of the Department of Defense who were stationed oversees to the states designated their "homes of record." Massachusetts claimed that this adjustment of the census shifted one Representative from Massachusetts to Washington state. They brought suit under the Administrative Procedure Act (APA) and the Constitution, arguing that the allocation of overseas personnel to their "homes of record" was arbitrary and capricious under the APA standards and did not meet the constitutional requirement of counting the number of people "in each State." Tue, 21 Apr 1992 13:00:00 +0000 57611 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_810/argument None Tue, 21 Apr 1992 13:00:00 +0000 57471 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_971/argument None Tue, 21 Apr 1992 13:00:00 +0000 57544 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_471/argument None Tue, 21 Apr 1992 13:00:00 +0000 57517 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_913/argument None Mon, 20 Apr 1992 13:00:00 +0000 57591 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_779/argument None Mon, 20 Apr 1992 13:00:00 +0000 57424 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_872/argument None Mon, 20 Apr 1992 13:00:00 +0000 57410 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_712/argument None Wed, 01 Apr 1992 13:00:00 +0000 57548 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_763/argument In 1981, Argentina instituted a foreign exchange insurance contract program (FEIC), under which it effectively assumed the risk of currency depreciation in cross-border transactions. When Argentina could not cover the FEIC contracts, it issued "Bonods," which provided for repayment in U.S. dollars through transfer on the market in one of several locations. Subsequently, when Argentina concluded that it lacked sufficient foreign exchange to retire the Bonods, it unilaterally extended the time for payment and offered bondholders substitute instruments as a means of rescheduling the debts. Ultimately, two Panamanian corporations and a Swiss bank brought a breach-of-contract action in Federal District Court. The court denied Argentina's motion to dismiss. In affirming, the Court of Appeals ruled that the District Court had jurisdiction under the Foreign Sovereign Immunities Act of 1976 (FSIA), which subjects foreign states to suit in American courts for acts taken "in connection with a commercial activity" that have "a direct effect in the United States." Wed, 01 Apr 1992 13:00:00 +0000 57452 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_538/argument None Tue, 31 Mar 1992 13:00:00 +0000 57542 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_367/argument None Tue, 31 Mar 1992 13:00:00 +0000 57615 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_543/argument The Low-Level Radioactive Waste Management Act Amendments of 1985 required states alone or in compacts with other states to dispose of such radioactive waste within their borders. New York State and Allegany and Courtland counties were frustrated in their compliance efforts by resistance from residents to proposed radioactive waste sites and a lack of cooperation from neighboring states. New York filed suit against the federal government, questioning the authority of Congress to regulate state waste management. Mon, 30 Mar 1992 13:00:00 +0000 57513 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_636/argument None Mon, 30 Mar 1992 13:00:00 +0000 57619 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_155/argument New York City's airport authority banned repetitive solicitation of money within airline terminals. Solicitation was permitted outside the terminals. The International Society for Krishna Consciousness solicits funds in public places. It challenged the regulation. A federal district court granted an injunction against the airport authority. The authority appealed. Wed, 25 Mar 1992 13:00:00 +0000 57461 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_339/argument The Port Authority of New York and New Jersey banned the distribution of flyers, brochures, pamphlets and other printed material at its airport terminals. Members of a religious group wanted to perform a ritual involving the distibution of literature at these airports. The group challenged the regulation on free expression and and free exercise grounds of the First Amendment. Wed, 25 Mar 1992 13:00:00 +0000 57584 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_17/argument None Wed, 25 Mar 1992 13:00:00 +0000 57509 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_535/argument None Tue, 24 Mar 1992 13:00:00 +0000 57444 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_542/argument None Tue, 24 Mar 1992 13:00:00 +0000 57497 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1676/argument None Mon, 23 Mar 1992 13:00:00 +0000 57479 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_5771/argument None Mon, 23 Mar 1992 13:00:00 +0000 57438 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_615/reargument None Wed, 04 Mar 1992 13:00:00 +0000 admin 62258 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_860/argument None Wed, 04 Mar 1992 13:00:00 +0000 57554 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_615/argument None Wed, 04 Mar 1992 13:00:00 +0000 57578 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_594/argument Plaintiffs filed two state-law tort actions in New Hampshire state courts, alleging that one of them had contracted AIDS from a transfusion of contaminated blood during surgery. The second action was brought against the Red Cross after plaintiffs discovered that it had supplied the tainted blood. Before the state court could decide a motion to consolidate the cases, the Red Cross invoked the federal removal statute, 28 U.S.C. Section 1441, to remove the second suit to federal court. The district court rejected the plaintiffs' motion to remand the case to state court, holding that the Red Cross' charter provision allowing it to "sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States," 36 U.S.C. Section 2, conferred original jurisdiction on the federal district court. Tue, 03 Mar 1992 13:00:00 +0000 57491 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1604/argument None Tue, 03 Mar 1992 13:00:00 +0000 57436 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_611/argument None Tue, 03 Mar 1992 13:00:00 +0000 57558 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_453/argument In 1986, Lucas bought two residential lots on the Isle of Palms, a South Carolina barrier island. He intended to build single-family homes as on the adjacent lots. In 1988, the state legislature enacted a law which barred Lucas from erecting permanent habitable structures on his land. The law aimed to protect erosion and destruction of barrier islands. Lucas sued and won a large monetary judgment. The state appealed. Mon, 02 Mar 1992 13:00:00 +0000 57450 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_5843/argument None Mon, 02 Mar 1992 13:00:00 +0000 57574 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_571/argument None Mon, 02 Mar 1992 13:00:00 +0000 57432 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_122/argument None Wed, 26 Feb 1992 13:00:00 +0000 57538 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_372/argument In 1990, white respondents, Thomas McCollum, William Joseph McCollum, and Ella Hampton McCollum, were charged with assaulting two black individuals. Before the criminal trial, the prosecution moved to bar the defense from using its peremptory challenges to eliminate black people from the juror pool. The term "preemptory challenge" refers to the right to reject a potential juror during jury selection without giving a reason. The trial judge denied the prosecution's motion, and, when the prosecution appealed, the Georgia Supreme Court affirmed the trial judge's decision. Wed, 26 Feb 1992 13:00:00 +0000 57595 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_8370/argument None Tue, 25 Feb 1992 13:00:00 +0000 57434 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1912/argument In a statewide ballot, California residents approved the addition of Article XIIIA to their State Constitution. Article XIIIA's "acquisition value" provision limited property assessment value increases to two percent, if caused by changes in ownership or new construction improvements. Article XIIIA exempted two types of transfers from this reassessment limit: first, if the principal seller is 55 or older and moved to a home of equal or lower value, and second, when a transfer occurred between parents and children. One of Article XIIIA's effects is that over time the taxes of new property owners, adjusted to reflect recent values, would be substantially higher than long- term property owner's taxes. A new property owner filed suit to challenge the state constitutional amendment. Tue, 25 Feb 1992 13:00:00 +0000 57457 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_6382/argument None Tue, 25 Feb 1992 13:00:00 +0000 57585 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1846/argument None Mon, 24 Feb 1992 13:00:00 +0000 57507 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_118_orig/argument None Mon, 24 Feb 1992 13:00:00 +0000 57621 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1947/argument None Wed, 22 Jan 1992 13:00:00 +0000 57568 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_194/argument Through its Tax Commissioner, the state of North Dakota filed an action in state court to force the Quill Corporation, an out-of-state mail-order office equipment retailer, to charge a North Dakota use tax on Quill merchandise to be used within the state. The state court ruled in favor of Quill, grounding its decision on Bellas Hess, Inc. v. Department of Revenue of Illinois, 386 U.S. 753 _. In this 1967 case, the United States Supreme court found a similar Illinois statute to be in violation of both the Due Process Clause of the Fourteenth Amendment and the Commerce Clause of the United States Constitution. The North Dakota Supreme Court reversed, basing its decision on a rejection of _Bellas Hess in light of the "tremendous social, economic, commercial, and legal innovations" since it had been decided. Wed, 22 Jan 1992 13:00:00 +0000 57448 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_119/argument None Wed, 22 Jan 1992 13:00:00 +0000 57406 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1972/argument None Wed, 22 Jan 1992 13:00:00 +0000 57511 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1802/argument None Tue, 21 Jan 1992 13:00:00 +0000 57540 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_42/argument None Tue, 21 Jan 1992 13:00:00 +0000 57521 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1791/argument None Tue, 21 Jan 1992 13:00:00 +0000 57487 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_5118/argument In the Illinois judicial system, the jury chosen to determine a defendant's guilt or innocence also sentenced the defendant. And, the trial court, not the attorneys, performed voir dire, which involves questioning potential jurors during jury selection to determine their ability to be impartial. Before Derrick Morgan's capital murder trial, he requested that the court ask the potential jurors whether they would automatically sentence him to the death penalty upon conviction. The trial court denied Morgan's request, and he was convicted and sentenced to death. When he appealed, the Illinois Supreme Court affirmed the trial court's decision, Morgan's conviction, and his sentence. Tue, 21 Jan 1992 13:00:00 +0000 57546 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1859/argument None Wed, 15 Jan 1992 13:00:00 +0000 57617 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_8466/argument None Wed, 15 Jan 1992 13:00:00 +0000 57477 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1745/argument None Wed, 15 Jan 1992 13:00:00 +0000 57465 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_126/argument None Tue, 14 Jan 1992 13:00:00 +0000 57454 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_159/argument None Tue, 14 Jan 1992 13:00:00 +0000 57566 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1599/argument None Tue, 14 Jan 1992 13:00:00 +0000 57525 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_72/argument None Mon, 13 Jan 1992 13:00:00 +0000 57527 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1419/argument Under the Rail Passenger Service Act of 1970 (RPSA), the National Railroad Passenger Corporation (Amtrak) may enter into "trackage rights" agreements to use tracks owned and used by freight railroads. Section 562(d) of the act also states that Amtrak may buy tracks from private railroads, and may ask the Interstate Commerce Commission (ICC) to condemn tracks owned by those railroads if they cannot agree on sale terms, provided that the tracks in question are "required for intercity rail passenger service." Amtrak's need for the tracks is established unless the private railroad can show either that its ability to carry out its obligations as a common carrier (that is, a transporter of public goods) will be seriously hampered or that Amtrak's needs can be met by the purchase of alternative property. Amtrak had a "trackage rights" agreement with Boston and Maine Railroad (B & M). Amtrak claimed that it was forced to discontinue this agreement because B & M did not properly maintain its tracks. Amtrak then entered into an agreement with the Central Vermont Railroad (CV), under which it would acquire the B & M track and sell it to CV, which would take over maintenance of the track but grant "trackage rights" to Amtrak and usage rights to B & M. When B & M declined Amtrak's offer to purchase the track, Amtrak asked the ICC to condemn the track (thus allowing Amtrak to seize it). The ICC granted Amtrak's request. The D.C. Circuit Court of Appeals, however, sent the case back to the ICC for reconsideration, because Amtrak had not demonstrated the need for ownership, just for use (demonstrated by its intent to convey the property to CV). Amtrak petitioned the appeals court to rehear the case, and while the petition was pending Congress amended the RPSA to explicitly allow Amtrak to seize property with the ICC's permission and then convey it to another party if that would further its mission. The appeals court denied rehearing, however, holding that the condemnation had been invalid because it was not "required for intercity rail passenger service." Mon, 13 Jan 1992 13:00:00 +0000 57570 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_91_164/argument None Mon, 13 Jan 1992 13:00:00 +0000 57560 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_918/argument None Wed, 11 Dec 1991 13:00:00 +0000 57550 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1262/argument None Wed, 11 Dec 1991 13:00:00 +0000 57523 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1029/argument None Tue, 10 Dec 1991 13:00:00 +0000 57428 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1390/argument None Tue, 10 Dec 1991 13:00:00 +0000 57601 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1577/argument None Tue, 10 Dec 1991 13:00:00 +0000 57623 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_6616/argument None Mon, 09 Dec 1991 13:00:00 +0000 57442 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_6105/argument None Mon, 09 Dec 1991 13:00:00 +0000 57536 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1629/argument None Mon, 09 Dec 1991 13:00:00 +0000 57580 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_6861/argument None Mon, 09 Dec 1991 13:00:00 +0000 57418 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1361/argument None Wed, 04 Dec 1991 13:00:00 +0000 57499 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_7675/argument Several teenagers allegedly burned a crudely fashioned cross on a black family's lawn. The police charged one of the teens under a local bias- motivated criminal ordinance which prohibits the display of a symbol which "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender." The trial court dismissed this charge. The state supreme court reversed. R.A.V. appealed to the U.S. Supreme Court. Wed, 04 Dec 1991 13:00:00 +0000 57515 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1341/argument None Tue, 03 Dec 1991 13:00:00 +0000 57483 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1424/argument The Endangered Species Act of 1973 (S7(a)(2)) required federal agencies to consult with the Secretary of the Interior to ensure that any authorized actions did not jeopardize endangered or threatened species or critically destroy natural habitats. A 1986 amendment to the act limited it scope to actions in the United States or on the high seas. Defenders of Wildlife and other organizations dedicated to wildlife conservation filed an action seeking a declaratory judgment that the new amendment erred by providing for a geographic limit on the original law. Tue, 03 Dec 1991 13:00:00 +0000 57605 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1150/argument None Tue, 03 Dec 1991 13:00:00 +0000 57529 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1488/argument The Adoption Assistance and Child Welfare Act of 1980 (AACW) provides that, in order to be reimbursed for adoption and foster care services, a state must submit a plan for the administration of those services to the federal Secretary of Health and Human Services for approval. In order to be approved, the plan must be "in effect in all" a state's political subdivisions and "be mandatory upon them," and must state that "reasonable efforts will be made" to prevent removal of children from their homes and to facilitate reunification of families where removal has occurred. Several children in the Illinois foster care program brought suit against the Director and the Guardianship Administrator of the Illinois program under 42 U.S.C. 1983, which provides private individuals a right to sue for "deprivation of any rights ... secured by [federal] laws." They charged that Illinois had failed to make reasonable efforts to preserve and reunite families, and that it was required to do so by the AACW. The Director and Guardianship Administrator argued that the children had no standing to sue because the AACW did not create substantive rights that had to be reinforced, but merely stated what contents an administrative plan needed to have in order to receive approval. The federal District Court sided with the children, and the Seventh Circuit Court of Appeals affirmed. Mon, 02 Dec 1991 13:00:00 +0000 57440 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1596/argument None Mon, 02 Dec 1991 13:00:00 +0000 57556 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_7477/argument None Mon, 02 Dec 1991 13:00:00 +0000 57503 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1090/argument None Wed, 13 Nov 1991 13:00:00 +0000 57519 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1205/argument After 17 years of litigation, Mississippi's public university system remained racially divided. The state had operated legally segregated universities, but had since adopted race-neutral policies to dismantle its de jure segregated system. All students could choose which school to attend, though the choices produced nearly all white and all black institutions of higher learning. This case was decided together with that of Ayers v. Fordice. Wed, 13 Nov 1991 13:00:00 +0000 57420 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_6531/argument Keith Hudson, a Louisiana inmate, claimed that he was beaten by Marvin Woods and Jack McMillian, two prison guards, while their supervisor, Arthur Mezo, watched. Hudson sued the guards in Federal District Court under 42 U.S.C. 1983, which allows individuals to bring suit for the "deprivation of any rights, privileges, or immunities secured by the Constitution." Hudson argued that they had violated his Eighth Amendment right to be free from cruel and unusual punishment. The District Court ruled that the guards had used force when there was no need to do so, violating the Eighth Amendment, and that Hudson was therefore entitled to damages. The Fifth Circuit Court of Appeals reversed, however, finding that an inmate must demonstrate "significant injury" when he claims that his Eighth Amendment rights have been violated by the use of excessive force. Wed, 13 Nov 1991 13:00:00 +0000 57469 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_727/argument None Wed, 13 Nov 1991 13:00:00 +0000 57481 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1278/argument None Tue, 12 Nov 1991 13:00:00 +0000 57572 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_6704/argument None Tue, 12 Nov 1991 13:00:00 +0000 57531 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_711/argument The principal focus of Alabama County Commission members is the construction and maintenance of roads. In 1987, Etowah County Commission passed the "Common Fund Resolution", combining all of the commission's funds into one county-wide budget and eliminating each commissioner's power over the distribution of funds allocated for his or her own road district. Newly elected black member, Commissioner Lawrence C. Presley, claimed that the changes in the distribution of authority were a form of racial discrimination and a violation of section 5 of the Voting Rights Act of 1965 which permits a state government to alter practices related to voting only after receiving judicial preclearance. The Etowah County Commission had not received this preclearance, and neither had the Russell County Commission when, in 1979, its members instituted the "Unit System." This system transferred full authority over Russell County roads, highways, bridges, and ferries from the commissioners to the appointed county engineer. When the first 2 black commissioners were elected in Russell County, they joined Presley in filing a suit against Etowah and Russell Counties in the Federal District Court for the Middle District of Alabama. The District Court determined that preclearance was unnecessary in both 2 instances, but Presley appealed. Tue, 12 Nov 1991 13:00:00 +0000 57446 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_970/argument Lechmere owned and operated a large retail store in a shopping plaza. Nonemployee union organizers campaigned to organize the store employees by entering the company's parking lot and placing handbills on car windshields. Lechmere prohibited solicitation and literature distribution on its property. The union organizers persisted in their leafleting campaign despite continued objections from Lechmere. The union filed an unfair labor practice charge against Lechmere. An NLRB judge ruled in the union's favor. Tue, 12 Nov 1991 13:00:00 +0000 57467 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1102/argument None Wed, 06 Nov 1991 13:00:00 +0000 57582 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1124/argument Before the Child Protection Act of 1984 rendered it illegal, Keith Jacobson, the petitioner, purchased a magazine including photographs of nude minors. In 1985, government agencies began investigating Jacobson's interest in child pornography. Over the course of about 2 ½ years, they sent him mailings from 5 fictitious organizations and one non-existent pen pal all promoting sexual liberation and challenging government censorship. After Jacobson was somewhat responsive, a government agency attempted to sting him by selling him child pornography which he purchased, resulting in his arrest and conviction. The United States Court of Appeals for the Eighth Circuit affirmed. Wed, 06 Nov 1991 13:00:00 +0000 57562 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1014/argument In keeping with the practice of several other public middle and high school principals in Providence, Rhode Island, Robert E. Lee, a middle school principal, invited a rabbi to speak at his school's graduation ceremony. Daniel Weisman's daughter, Deborah, was among the graduates. Hoping to stop the rabbi from speaking at his daughter's graduation, Weisman sought a temporary restaining order in District Court - but was denied. After the ceremony, where prayers were recited, Weisman filed for a permanent injunction barring Lee and other Providence public school officials from inviting clergy to deliver invocations and benedictions at their schools' ceremonies. When the Court of Appeals affirmed a District Court ruling against the schools, Lee appealed to the Supreme Court and was granted certiorari. Wed, 06 Nov 1991 13:00:00 +0000 57564 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_6297/argument None Wed, 06 Nov 1991 13:00:00 +0000 57408 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1279/argument None Tue, 05 Nov 1991 13:00:00 +0000 57505 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1491/argument None Tue, 05 Nov 1991 13:00:00 +0000 57456 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_408/argument None Tue, 05 Nov 1991 13:00:00 +0000 57493 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_6113/argument None Tue, 05 Nov 1991 13:00:00 +0000 57593 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1342/argument None Mon, 04 Nov 1991 13:00:00 +0000 57475 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_112_orig/argument None Mon, 04 Nov 1991 13:00:00 +0000 57603 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_5844/argument None Mon, 04 Nov 1991 13:00:00 +0000 57597 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_838/argument None Mon, 04 Nov 1991 13:00:00 +0000 57489 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_985/reargument Several abortion clinics sued to prevent Jayne Bray and other anti-abortion protesters from conducting demonstrations at clinics in Washington, D.C. The clinics claimed that the protesters had violated 42 U.S.C. 1985(3), which prohibits conspiracies to deprive "any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws." The protesters had sought to deny women their "right to abortion" and their right to interstate travel, the clinics argued. The District Court agreed, holding that Bray and others, by blocking access to the clinics, had conspired to deprive women seeking abortions of their right to interstate travel. The District Court also ruled for the clinics on state law trespassing and public nuisance claims, ordering the protesters to stop trespassing on or obstructing access to clinics. Finally, the District Court ordered the protesters to pay the clinics' attorney's fees and costs on the 1985(3) claim. Wed, 16 Oct 1991 13:00:00 +0000 admin 62255 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_925/argument None Wed, 16 Oct 1991 13:00:00 +0000 57430 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_967/argument None Wed, 16 Oct 1991 13:00:00 +0000 57416 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_985/argument Several abortion clinics sued to prevent Jayne Bray and other anti-abortion protesters from conducting demonstrations at clinics in Washington, D.C. The clinics claimed that the protesters had violated 42 U.S.C. 1985(3), which prohibits conspiracies to deprive "any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws." The protesters had sought to deny women their "right to abortion" and their right to interstate travel, the clinics argued. The District Court agreed, holding that Bray and others, by blocking access to the clinics, had conspired to deprive women seeking abortions of their right to interstate travel. The District Court also ruled for the clinics on state law trespassing and public nuisance claims, ordering the protesters to stop trespassing on or obstructing access to clinics. Finally, the District Court ordered the protesters to pay the clinics' attorney's fees and costs on the 1985(3) claim. Wed, 16 Oct 1991 13:00:00 +0000 57607 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_889/argument None Wed, 16 Oct 1991 13:00:00 +0000 57533 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_584/argument None Tue, 15 Oct 1991 13:00:00 +0000 57426 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1059/argument To keep criminals from profiting from crimes by selling their stories, New York State's 1977 "Son of Sam" law ordered that proceeds from such deals be turned over to the New York State Crime Victims Board. The Board was to deposit the money into escrow accounts which victims could later claim through civil suits. In 1987 the Board ordered Henry Hill, a former gangster who sold his story to Simon & Schuster, to turn over his payments from a book deal. Tue, 15 Oct 1991 13:00:00 +0000 57589 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_681/argument None Tue, 15 Oct 1991 13:00:00 +0000 57535 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_741/argument None Tue, 15 Oct 1991 13:00:00 +0000 57501 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1074/argument None Wed, 09 Oct 1991 13:00:00 +0000 57412 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_747/argument None Wed, 09 Oct 1991 13:00:00 +0000 57495 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_857/reargument None Wed, 09 Oct 1991 13:00:00 +0000 admin 62257 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_954/argument None Wed, 09 Oct 1991 13:00:00 +0000 57473 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_857/argument None Wed, 09 Oct 1991 13:00:00 +0000 57609 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_848/argument None Tue, 08 Oct 1991 13:00:00 +0000 57463 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1038/reargument Rose Cipollone died at 58 from lung cancer. She smoked for 42 years. Before her death, she and her husband sued several cigarette manufacturers in federal court for damages resulting from Mrs. Cipollone lung cancer. A trial court judgment of $400,000 was reserved in the U.S. Court of Appeals. The Cipollone family appealed to the U.S. Supreme Court. Tue, 08 Oct 1991 13:00:00 +0000 admin 62256 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1038/argument Rose Cipollone died at 58 from lung cancer. She smoked for 42 years. Before her death, she and her husband sued several cigarette manufacturers in federal court for damages resulting from Mrs. Cipollone lung cancer. A trial court judgment of $400,000 was reserved in the U.S. Court of Appeals. The Cipollone family appealed to the U.S. Supreme Court. Tue, 08 Oct 1991 13:00:00 +0000 57422 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1056/argument Freeman, a Tennessee political campaign treasurer, challenged the constitutionality of the Tennessee Code forbidding the solicitation of votes and the display or distribution of campaign materials within 100 feet of entrances to polling facilities. On appeal from a lower court's dismissal, the Tennessee Supreme Court reversed, finding that the 100-foot ban was unconstitutional. The Supreme Court granted Burson certiorari. Tue, 08 Oct 1991 13:00:00 +0000 57613 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1141/argument None Tue, 08 Oct 1991 13:00:00 +0000 57552 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_1126/argument None Mon, 07 Oct 1991 13:00:00 +0000 57576 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_90_6352/argument None Mon, 07 Oct 1991 13:00:00 +0000 57599 at http://www.oyez.org http://www.oyez.org/cases/1990-1999/1991/1991_89_1290/argument In 1969, the United States District Court for the Northern District of Georgia ordered the DeKalb County School System (DCSS) to eliminate its previously legal racial segregation and its inequitable byproducts under judicial control. However, in 1986, DCSS officials filed a motion, intending for the District Court to declare the DCSS officially desegregated and withdraw supervision. Green v. School Board of New Kent County, outlines 6 categories in which a school district should achieve desegregation, and the District Court found that the DCSS was successful in 4 of these categories. Consequently, the court decided to relinquish control over the DCSS in these 4 areas, while it maintained control and mandated further improvements in the areas in which segregation still existed. Both the respondents, black schoolchildren and their parents, and the petitioners, the DCSS officials, appealed the District Court's decision, and the United States Court of Appeals for the Eleventh Circuit reversed it. The Court of Appeals argued that the District Court should have authority over the DCSS until it is fully desegregated in all 6 categories for several years. Mon, 07 Oct 1991 13:00:00 +0000 57587 at http://www.oyez.org