Opinions
Opinions
Supreme Court
Sandra Day O'Connor served as a justice on the U.S. Supreme Court from 1981 to 2006. This page lists the opinions she wrote during her time on the court.
Post Retirement Opinions
After her retirement from the Supreme Court, Sandra Day O'Connor continued to hear cases in the U.S. Court of Appeals for the Ninth Circuit as a designated judge.
Arizona Appellate Court Opinions
Sandra Day O'Connor served as a judge on the Arizona Court of Appeals from 1980 to 1981. This page lists the opinions she wrote during her time on the state bench.
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Justice O’CONNOR announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III, and IV, and an opinion with respect to Part II, in which Justice STEVENS and Justice KENNEDY join.
These cases call upon us to decide whether a licensing scheme in a comprehensive city ordinance regulating sexually oriented businesses is a prior restraint that fails to provide adequate procedural safeguards as required by Freedman v. Maryland, 380 U. S. 51 (1965). We must also decide whether any petitioner has standing to address the ordinance’s civil disability provisions, whether the city has sufficiently justified its requirement that motels renting rooms for less than 10 hours be covered by the ordinance, and whether the ordinance impermissibly infringes on the right to freedom of association. As this litigation comes to us, no issue is presented with respect to whether the books, videos, materials, or entertainment available through sexually oriented businesses are obscene pornographic materials.
I
On June 18, 1986, the city council of the city of Dallas unanimously adopted an ordinance regulating sexually oriented businesses, which was aimed at eradicating the secondary effects of crime and urban blight. The ordinance defines a “sexually oriented business,” as
an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
Dalla
Justice O’CONNOR delivered the opinion of the Court.
This case presents the question whether the Religion Clauses of the First Amendment prohibit a State from imposing a generally applicable sales and use tax on the distribution of religious materials by a religious organization.
I
California’s Sales and Use Tax Law requires retailers to pay a sales tax “[f]or the privilege of selling tangible personal property at retail.” Cal.Rev. & Tax.Code Ann. § 6051 (West 1987). A “sale” includes any transfer of title or possession of tangible personal property for consideration. Cal.Rev. & Tax.Code Ann. § 6006(a) (West Supp.1989).
The use tax, as a complement to the sales tax, reaches out-of-state purchases by residents of the State. It is “imposed on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer,” § 6201, at the same rate as the sales tax (6 percent). Although the use tax is imposed on the purchaser, § 6202, it is generally collected by the retailer at the time the sale is made. §§ 6202-6206. Neither the State Constitution nor the State Sales and Use Tax Law exempts religious organizations from the sales and use tax, apart from a limited exemption for the serving of meals by religious organizations, § 6363.5.
During the tax period in question (1974 to 1981), appellant Jimmy Swaggart Ministries was a religious organization incorporated as a Louisiana nonprofit corporation and recognized as such by the Internal Revenue
Justice O’CONNOR delivered the opinion of the Court.
This case requires us to decide whether state courts have concurrent jurisdiction over civil actions brought under the Racketeer Influenced and Corrupt Organizations Act (RICO), Pub.L. 91-452, Title IX, 84 Stat. 941, as amended, 18 U.S.C. §§ 1961-1968.
I
The underlying litigation arises from the failure of Old Court Savings & Loan, Inc. (Old Court), a Maryland savings and loan association, and the attendant collapse of the Maryland Savings-Share Insurance Corp. (MSSIC), a state-chartered nonprofit corporation created to insure accounts in Maryland savings and loan associations that were not federally insured. See Brandenburg v. Seidel, 859 F.2d 1179, 1181-1183 (CA4 1988) (reviewing history of Maryland’s savings and loan crisis). Petitioners are nonresidents of Maryland who hold unpaid certificates of deposit issued by Old Court. Respondents are the former officers and directors of Old Court, the former officers and directors of MSSIC, the law firm of Old Court and MSSIC, the accounting firm of Old Court, and the State of Maryland Deposit Insurance Fund Corp., the state-created successor to MSSIC. Petitioners allege various state law causes of action as well as claims under the Securities Exchange Act of 1934 (Exchange Act), 48 Stat. 881, 15 U.S.C. § 78a et seq., and RICO.
The District Court granted respondents’ motions to dismiss, concluding that petitioners had failed to state a claim under the Exchange Act and that, because
Justice O’CONNOR delivered the opinion of the Court.
In this action, we must decide whether a mother, the custodian of a child pursuant to a court order, may invoke the Fifth Amendment privilege against self-incrimination to resist an order of the Juvenile Court to produce the child. We hold that she may not.
I
Petitioner Maurice M. is an abused child. When he was three months old, he was hospitalized with a fractured left femur, and examination revealed several partially healed bone fractures and other indications of severe physical abuse. In the hospital, respondent Bouknight, Maurice’s mother, was observed shaking Maurice, dropping him in his crib despite his spica cast, and otherwise handling him in a manner inconsistent with his recovery and continued health. Hospital personnel notified Baltimore City Department of Social Services (BCDSS), petitioner in No. 88-1182, of suspected child abuse. In February, 1987, BCDSS secured a court order removing Maurice from Bouknight’s control and placing him in shelter care. Several months later, the shelter care order was inexplicably modified to return Maurice to Bouknight’s custody temporarily. Following a hearing held shortly thereafter, the Juvenile Court declared Maurice to be a “child in need of assistance,” thus asserting jurisdiction over Maurice and placing him under BCDSS’s continuing oversight. BCDSS agreed that Bouknight could continue as custodian of the child, but only pursuant to extensive conditions set forth in a
Justice O’CONNOR, with whom Justice SCALIA and Justice KENNEDY join, concurring.
Petitioners assert that the Interstate Commerce Commission’s (ICC) actions prevent them from enjoying property rights secured by Vermont law, and thereby have effected a compensable taking. The Court of Appeals for the Second Circuit determined that, no matter what Vermont law might provide, the ICC’s actions forestalled petitioners from possessing the asserted reversionary interest, and thus that no takings claim could arise. Today the Court affirms the Second Circuit’s judgment on quite different grounds. I join the Court’s opinion, but write separately to express my view that state law determines what property interest petitioners possess, and that traditional takings doctrine will determine whether the Government must compensate petitioners for the burden imposed on any property interest they possess.
As the Court acknowledges, ante at 494 U. S. 8 -9, 494 U. S. 15 -16, state law creates and defines the scope of the reversionary or other real property interests affected by the ICC’s actions pursuant to Section 208 of the National Trails System Act Amendments of 1983, 16 U.S.C. § 1247(d). In determining whether a taking has occurred,
we are mindful of the basic axiom that ‘[p]roperty interests… are not created by the Constitution. Rather, they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law.’
Ruckelshaus
Justice O’CONNOR, with whom Chief Justice SCALIA and Justice KENNEDY join, dissenting.
Without doubt, respondent Burch alleges a serious deprivation of liberty, yet equally clearly he alleges no violation of the Fourteenth Amendment. The Court concludes that an allegation of state actors’ wanton, unauthorized departure from a State’s established policies and procedures, working a deprivation of liberty, suffices to support a procedural due process claim even though the State provides adequate postdeprivation remedies for that deprivation. The Court’s opinion unnecessarily transforms well established procedural due process doctrine, and departs from controlling precedent. I respectfully dissent.
Parratt v. Taylor, 451 U. S. 527 (1981), and Hudson v. Palmer, 468 U. S. 517 (1984), should govern this case. Only by disregarding the gist of Burch’s complaint -that state actors’ wanton and unauthorized departure from established practice worked the deprivation -and by transforming the allegations into a challenge to the adequacy of Florida’s admissions procedures can the Court attempt to distinguish this case from Parratt and Hudson.
Burch alleges a deprivation occasioned by petitioners’ contravention of Florida’s established procedures. Florida allows the voluntary admission process to be employed to admit to its mental hospitals only patients who have made “application by express and informed consent for admission,” and requires that the elaborate involuntary admission process
Justice O’CONNOR, with whom Justice BRENNAN, Justice MARSHALL, and Justice BLACKMUN join, dissenting.
The only potentially nondiverse party in this case is a limited partner. All other parties, including the general partners and the limited partnership itself, assuming it is a citizen, are diverse. Thus, the Court has before it a single question -whether the citizenship of a limited partner must be counted for purposes of diversity jurisdiction. The Court first addresses whether the limited partnership is a “citizen.” I do not consider that issue, because even if we were to hold that a limited partnership is a citizen, we are still required to consider which, if any, of the other citizens before the Court as members of Arkoma Associates are real parties to the controversy, i.e., which parties have control over the subject of and litigation over the controversy. See Marshall v. Baltimore & Ohio R. Co., 16 How. 314, 57 U. S. 328, (1854). Application of that test leads me to conclude that limited partners are not real parties to the controversy and, therefore, should not be counted for purposes of diversity jurisdiction.
I
The Court asserts that “[w]e have long since decided” to leave to Congress the issue of the proper treatment of unincorporated associations for diversity purposes, because the issue of which business association
is entitled to be considered a citizen’ for diversity purposes, and which of their members’ citizenship is to be consulted, are questions more readily
JUSTICE O’CONNOR, with whom JUSTICE SCALIA joins, concurring.
I join the Court’s opinion, but write separately to note what the Court acknowledges in the last sentence of a footnote, see ante at 494 U. S. 551 -552, n 3: that the question whether petitioner has stated a valid claim under § 1981 remains open. In the District Court, petitioner claimed that respondent had fired him because of his race and retaliated against him for filing a charge of discrimination with the Equal Employment Opportunity Commission. Ante at 494 U. S. 548. As Patterson v. McLean Credit Union, 491 U. S. 164 (1989), was decided after the Court of Appeals issued its decision, the applicability of § 1981 to these claims was not specifically addressed. This Court’s usual practice is to decline to address questions raised for the first time here. See United States v. Mendenhall, 446 U. S. 544, 446 U. S. 551 -552, n. 5 (1980); Youakim v. Miller, 425 U. S. 231, 425 U. S. 234 (1976). The Court adheres to this practice, noting that arguments based on Patterson neither were “presented to either court below” nor are to be found “in the record.” Ante at 494 U. S. 552, n. 3. The Court correctly concludes that there is “therefore… nothing in the record to justify affirming the Fourth Circuit’s judgment” at this juncture. Ibid. On remand, therefore, the parties will have ample opportunity to present arguments, and the lower courts will have the first opportunity to consider whether either of petitioner’s charges
Justice O’CONNOR, with whom Justice BRENNAN, Justice MARSHALL, and Justice BLACKMUN join as to Parts I and II, concurring in the judgment.*
Although I agree with the result the Court reaches in this case, I cannot join its opinion. In my view, today’s holding dramatically departs from well settled First Amendment jurisprudence, appears unnecessary to resolve the question presented, and is incompatible with our Nation’s fundamental commitment to individual religious liberty.
I
At the outset, I note that I agree with the Court’s implicit determination that the constitutional question upon which we granted review -whether the Free Exercise Clause protects a person’s religiously motivated use of peyote from the reach of a State’s general criminal law prohibition -is properly presented in this case. As the Court recounts, respondents Alfred Smith and Galen Black were denied unemployment compensation benefits because their sacramental use of peyote constituted work-related “misconduct,” not because they violated Oregon’s general criminal prohibition against possession of peyote. We held, however, in Employment Div., Dept. of Human Resources of Oregon v. Smith, 485 U. S. 660 (1988) ( Smith I ), that whether a State may, consistent with federal law, deny unemployment compensation benefits to persons for their religious use of peyote depends on whether the State, as a matter of state law, has criminalized the underlying conduct. See id. at 485 U. S. 670 -672. The Oregon Supreme Court,
Justice O’CONNOR delivered the opinion of the Court.
We are called upon in these cases to decide the applicable rate of postjudgment interest and the date from which postjudgment interest should be calculated pursuant to the federal postjudgment interest statute. 28 U.S.C. § 1961 (1982 ed.) (amended).
I
Respondents (Bonjorno) were the sole stockholders of now defunct Columbia Metal Culvert Co., Inc., which was at one time a fabricator of aluminum drainage pipe in Vineland, New Jersey. Bonjorno brought suit against petitioners (Kaiser) in the United States District Court for the Eastern District of Pennsylvania on the theory that Kaiser had monopolized the market for aluminum drainage pipe in the Mid-Atlantic region of the United States in violation of the Sherman Act. 26 Stat. 209, as amended, 15 U.S.C. §§ 1 and 2 (1988).
At the first trial, the District Court entered a directed verdict for Kaiser. The Court of Appeals for the Third Circuit reversed, holding that there was sufficient evidence for the case to go to the jury. Columbia Metal Culvert Co. v. Kaiser Aluminum & Chemical Corp., 579 F.2d 20, 37 (1978). On August 21, 1979, a second trial resulted in a jury verdict in respondents’ favor in the trebled amount of $5,445,000. The judgment was entered on August 22, 1979. The District Court held that the evidence did not support the jury’s damages award and granted petitioners’ motion for a new trial as to damages only. 518 F.Supp. 102, 109, 119 (ED Pa.1981). A limited retrial
Justice O’CONNOR delivered the opinion of the Court.
The author of a preexisting work may assign to another the right to use it in a derivative work. In this case, the author of a preexisting work agreed to assign the rights in his renewal copyright term to the owner of a derivative work, but died before the commencement of the renewal period. The question presented is whether the owner of the derivative work infringed the rights of the successor owner of the preexisting work by continued distribution and publication of the derivative work during the renewal term of the preexisting work.
I
Cornell Woolrich authored the story “It Had to Be Murder,” which was first published in February, 1942, in Dime Detective Magazine. The magazine’s publisher, Popular Publications, Inc., obtained the rights to magazine publication of the story, and Woolrich retained all other rights. Popular Publications obtained a blanket copyright for the issue of Dime Detective Magazine in which “It Had to Be Murder” was published.
The Copyright Act of 1909, 35 Stat. 1075, 17 U.S.C. § 1 et seq. (1976 ed.) (1909 Act), provided authors a 28-year initial term of copyright protection plus a 28-year renewal term. See 17 U.S.C. § 24 (1976 ed.). In 1945, Woolrich agreed to assign the rights to make motion picture versions of six of his stories, including “It Had to Be Murder,” to B.G. De Sylva Productions for $9,250. He also agreed to renew the copyrights in the stories at the appropriate time, and to assign
Justice O’CONNOR, with whom Justice BLACKMUN joins, concurring.
I join the Court’s opinion on the understanding that a “satisfactory explanation” within the meaning of 18 U.S.C. § 2518(8)(a) cannot merely be a reasonable excuse for the delay; it must also reflect the actual reason for the delay. Thus, as the Court today holds, an appellate court’s review of the sufficiency of the Government’s explanation for a delay should be based on the findings made and evidence presented in the district court, rather than on a post hoc explanation given for the first time on appeal. See ante at 495 U. S. 267. With this understanding, I agree with the Court that this case should be remanded for a determination whether the Government’s explanation to the District Court for the delay -not the explanation offered on appeal -meets the “satisfactory explanation” standard.
Justice O’CONNOR delivered the opinion of the Court.
This case calls upon the Court to determine whether the Eleventh Amendment bars respondents’ suits in federal court against an entity created by New York and New Jersey to operate certain transportation and other facilities.
I
In 1921, New York and New Jersey entered a bi-state compact creating the Port Authority of New York and New Jersey. 1921 N.J.Laws, c. 151; 1921 N.Y.Laws, c. 154; see N.J.Stat.Ann. § 32:1-1 et seq. (1963); N.Y.Unconsol.Laws § 6401 et seq. (McKinney 1979). In accord with the Constitution’s Compact Clause, Art. I, § 10, cl. 3, Congress consented to the compact. 42 Stat. 174 (1921). Through the compact, the States created the Authority to achieve “a better coordination of the terminal, transportation and other facilities of commerce in, about and through the port of New York,” N.J.Stat.Ann. § 32:1-1 (1963); N.Y. Unconsol.Laws § 6401 (McKinney 1979), and lodged in the Authority
full power and authority to purchase, construct, lease and/or operate any terminal or transportation facility.within [the port] district.
N.J. Stat.Ann. § 32:1-7 (1963); N.Y.Unconsol. Laws § 6407 (McKinney 1979). See generally United States Trust Co. of N. Y. v. New Jersey, 431 U. S. 1, 431 U. S. 4 -5 (1977); E. Bard, The Port of New York Authority (1942). The Port Authority Trans-Hudson Corp. (PATH), petitioner in these consolidated cases, is a wholly-owned subsidiary of the Port Authority that operates an interstate railway
JUSTICE O’CONNOR delivered the opinion of the Court.
We are called upon in this case to determine whether the funds petitioners transferred to their two sons while they served as full-time, unpaid missionaries for the Church of Jesus Christ of Latter-day Saints (Church) are deductible as charitable contributions “to or for the use of” the Church, pursuant to 26 U.S.C. § 170.
Petitioners, Harold and Enid Davis, and their sons, Benjamin and Cecil, are members of the Church. According to the stipulated facts, the Church operates a worldwide missionary program involving 25,000 persons each year. Most of these missionaries are young men between ages 19 and 22. If the Church determines that a candidate is qualified to become a missionary, the president of the Church sends a letter calling the candidate to missionary service in a specified geographical location. A follow-up letter from the missionary department lists the items of clothing the missionary will need, provides specific information relating to the mission, and sets forth the estimated amount of money needed to support the missionary service. This amount varies according to the location of the mission and reflects an estimate of the amount the missionary will actually need.
The missionary’s parents generally provide the necessary funds to support their son or daughter during the period of missionary service. If they are unable to do so, the Church will locate another donor from the local congregation or use money donated
JUSTICE O’CONNOR delivered the opinion of the Court.
This case concerns overlapping federal and state regulation of a hydroelectric project located near a California stream. California seeks to ensure that the project’s operators maintain water flowing in the stream sufficient, in the State’s judgment, to protect the stream’s fish. The Federal Government claims the exclusive authority to set the minimum stream flows that the federally licensed power plant must maintain. Each side argues that its position is consistent with the Federal Power Act, ch. 285, 41 Stat. 1063, as amended, 16 U.S.C. § 791a et seq. (1982 ed.), and, in particular, with § 27 of that Act. We granted certiorari to resolve these competing claims.
I
The Rock Creek hydroelectric project lies near the confluence of the South Fork American River and one of the river’s tributaries, Rock Creek. Rock Creek runs through federally managed land located within California. The project draws water from Rock Creek to drive its generators and then releases the water near the confluence of the stream and river, slightly less than one mile from where it is drawn. The state and federal requirements at issue govern the “minimum flow rate” of water that must remain in the bypassed section of the stream and that thus remains unavailable to drive the generators.
In 1983, pursuant to the Federal Power Act (FPA or Act), the Federal Energy Regulatory Commission (FERC) issued a license authorizing the operation of the Rock Creek
Justice O’CONNOR, dissenting.
I agree with much of what Justice SCALIA says in his dissenting opinion. I write separately, however, to note that my dissent is premised primarily on my view that the inconsistency between the Court’s opinion today and Dowling v. United States, 493 U. S. 342 (1990), decided earlier this Term, indicates that the Court has strayed from a proper interpretation of the scope of the Double Jeopardy Clause.
In Dowling, we considered whether an eyewitness’ testimony regarding a robbery for which Dowling had been acquitted was admissible at a second trial of Dowling for an unrelated robbery. The eyewitness had testified at the first trial that a man had entered her house “wearing a knitted mask with cutout eyes and carrying a small handgun” and that his mask had come off during a struggle, revealing his identity. Id. at 493 U. S. 344. Based on this evidence, Dowling had been charged with burglary, attempted robbery, assault, and weapons offenses, but was acquitted of all charges. At a second trial for an unrelated bank robbery, the government attempted to use the witness’ testimony to prove Dowling’s identity as a robber. We held that the Double Jeopardy Clause did not bar the introduction of the evidence: because the prior acquittal did not necessarily represent a jury determination that Dowling was not the masked man who had entered the witness’ home, the testimony was admissible in the second trial to prove identity. Id. at 493 U. S. 348 -352.
The
Justice O’CONNOR, with whom Chief Justice REHNQUIST and Justice SCALIA join, dissenting.
This case provides yet another example of the difficulties raised by rote application of the commercial speech doctrine in the context of state regulation of professional standards for attorneys. Nothing in our prior cases in this area mandates that we strike down the state regulation at issue here, which is designed to ensure a reliable and ethical profession. Failure to accord States considerable latitude in this area embroils this Court in the micromanagement of the State’s inherent authority to police the ethical standards of the profession within its borders.
Petitioner argues for the first time before this Court that the statement on his letterhead that he is a certified trial specialist is not commercial speech. I agree with the Court that we need not reach this issue in this case. Ante at 496 U. S. 99 -100. We generally do not “decide federal constitutional issues raised here for the first time on review of state court decisions.” Cardinale v. Louisiana, 394 U. S. 437, 394 U. S. 438 (1969).
We recently summarized our standards for commercial speech by attorneys in Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio, 471 U. S. 626 (1985):
The States and the Federal Government are free to prevent the dissemination of commercial speech that is false, deceptive, misleading, see Friedman v. Rogers, 440 U. S. 1 (1979)…. Commercial speech that is not false or deceptive
Justice O’CONNOR announced the judgment of the Court, and delivered an opinion in which THE CHIEF JUSTICE, Justice WHITE, and Justice KENNEDY join.
In this case, we decide whether our decision in American Trucking Assns, Inc. v. Scheiner, 483 U. S. 266 (1987), applies retroactively to taxation of highway use prior to the date of that decision.
I
In 1983, petitioners brought suit in the Chancery Court of Pulaski County, Arkansas, challenging the constitutionality of the newly enacted Arkansas Highway Use Equalization Tax Act (HUE), 1983 Ark.Gen. Acts, No. 685, Ark.Code Ann. §§ 27-35204, 27-35-205 (1987) (formerly codified as Ark.Stat.Ann. §§ 75-817.2, 75-817.3 (Supp. 1985)), under the Commerce Clause of the Federal Constitution. Art. I, § 8, cl. 3. The HUE tax required trucks operating on Arkansas highways with a gross weight between 73,281 and 80,000 pounds to pay either an annual flat tax of $175 or a tax of 5c per mile traveled in Arkansas or a trip permit fee of $8 per 100 miles. Effectively, HUE taxed only the first 3,500 miles of annual highway use by heavy trucks, that being the point at which it became advantageous to pay the flat tax of $175. Because trucks based in Arkansas were likely to travel many more miles on the State’s highways than heavy trucks based out of the State, petitioners argued that HUE impermissibly discriminated against interstate commerce by imposing on out-of-state truckers greater per-mile costs than those imposed on in-state truckers. To remedy
Justice O’CONNOR delivered the opinion of the Court with respect to Parts I, II-A, II-B, and II-C, concluding that petitioners violated the Equal Access Act by denying official recognition to respondents’ proposed club. Pp.496 U. S. 234-247.
(a) The Act provides, among other things, that a “limited open forum” exists whenever a covered school “grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises.” Its equal access obligation is therefore triggered even if such a school allows only one “noncurriculum related” group to meet. Pp. 496 U. S. 234 -237.
(b) Although the Act does not define the crucial phrase “noncurriculum related student group,” that term is best interpreted in the light of the Act’s language, logic, and nondiscriminatory purpose, and Congress’ intent to provide a low threshold for triggering the Act’s requirements, to mean any student group that does not directly relate to the body of courses offered by the school. A group directly relates to a school’s curriculum if the group’s subject matter is actually taught, or will soon be taught, in a regularly offered course; if that subject matter concerns the body of courses as a whole; or if participation in the group is required for a particular course or results in academic credit. Whether a specific group is “noncurriculum related” will therefore depend on the particular school’s curriculum, a determination that would be subject to factual findings well
Justice O’CONNOR delivered the opinion of the Court.
This case presents three issues related to the application of Rule 11 of the Federal Rules of Civil Procedure: whether a district court may impose Rule 11 sanctions on a plaintiff who has voluntarily dismissed his complaint pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil Procedure; what constitutes the appropriate standard of appellate review of a district court’s imposition of Rule 11 sanctions; and whether Rule 11 authorizes awards of attorney’s fees incurred on appeal of a Rule 11 sanction. *
I
In 1983, Danik, Inc., owned and operated a number of discount men’s clothing stores in the Washington, D.C., area. In June, 1983, Intercontinental Apparel, a subsidiary of respondent Hartmarx Corp., brought a breach-of-contract action against Danik in the United States District Court for the District of Columbia. Danik, represented by the law firm of Cooter & Gell (petitioner), responded to the suit by filing a counterclaim against Intercontinental, alleging violations of the Robinson-Patman Act, 49 Stat. 1526, 15 U.S.C. § 13 et seq. In March, 1984, the District Court granted summary judgment for Intercontinental in its suit against Danik, and, in February, 1985, a jury returned a verdict for Intercontinental on Danik’s counterclaim. Both judgments were affirmed on appeal. Danik, Inc. v. Intercontinental Apparel, Inc., 245 U.S.App.D.C. 233, 759 F.2d 959 (1985) (judgment order); Intercontinental Apparel, Inc. v. Danik,
Justice O’CONNOR, concurring in part and concurring in the judgment in part.
I
I join all but Parts III and VIII of Justice STEVENS’ opinion. While I agree with some of the central points made in Part III, I cannot join the broader discussion. I agree that the Court has characterized
[a] woman’s decision to beget or to bear a child [as] a component of her liberty that is protected by the Due Process Clause of the Fourteenth Amendment to the Constitution.
Ante at 497 U. S. 434. See, e.g., Carey v. Population Services International, 431 U. S. 678, 431 U. S. 685, 431 U. S. 687 (1977); Griswold v. Connecticut, 381 U. S. 479, 381 U. S. 502 -503 (1965) (WHITE, J., concurring in judgment). This Court extended that liberty interest to minors in Bellotti v. Baird, 443 U. S. 622, 443 U. S. 642 (1979) ( Bellotti II ), and Planned Parenthood of Central Missouri v. Danforth, 428 U. S. 52, 428 U. S. 74 (1976), albeit with some important limitations:
[P]arental notice and consent are qualifications that typically may be imposed by the State on a minor’s right to make important decisions. As immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences, a State reasonably may determine that parental consultation often is desirable and in the best interest of the minor.
Bellotti II, supra, at 443 U. S. 640 -641; see also H.L. v. Matheson, 450 U. S. 398, 450 U. S. 423 (1981) (STEVENS, J., concurring in judgment);
Justice O’CONNOR, concurring.
I agree that a protected liberty interest in refusing unwanted medical treatment may be inferred from our prior decisions, see ante at 497 U. S. 278 -279, and that the refusal of artificially delivered food and water is encompassed within that liberty interest. See ante at 497 U. S. 279. I write separately to clarify why I believe this to be so.
As the Court notes, the liberty interest in refusing medical treatment flows from decisions involving the State’s invasions into the body. See ante at 497 U. S. 278 -279. Because our notions of liberty are inextricably entwined with our idea of physical freedom and self-determination, the Court has often deemed state incursions into the body repugnant to the interests protected by the Due Process Clause. See, e.g., Rochin v. California, 342 U. S. 165, 342 U. S. 172 (1952) (“Illegally breaking into the privacy of the petitioner, the struggle to open his mouth and remove what was there, the forcible extraction of his stomach’s contents… is bound to offend even hardened sensibilities”); Union Pacific R. C.o. v. Botsford, 141 U. S. 250, 141 U. S. 251 (1891). Our Fourth Amendment jurisprudence has echoed this same concern. See Schmerber v. California, 384 U. S. 757, 384 U. S. 772 (1966) (“The integrity of an individual’s person is a cherished value of our society”); Winston v. Lee, 470 U. S. 753, 470 U. S. 759 (1985) (“A compelled surgical intrusion into an individual’s body for evidence… implicates expectations
Justice O’CONNOR delivered the opinion of the Court.
This case requires us to decide whether the admission at trial of certain hearsay statements made by a child declarant to an examining pediatrician violates a defendant’s rights under the Confrontation Clause of the Sixth Amendment.
I
Respondent Laura Lee Wright was jointly charged with Robert L. Giles of two counts of lewd conduct with a minor under 16, in violation of Idaho Code § 18-1508 (1987). The alleged victims were respondent’s two daughters, one of whom was 5 1/2 and the other 2 1/2 years old at the time the crimes were charged.
Respondent and her ex-husband, Louis Wright, the father of the older daughter, had reached an informal agreement whereby each parent would have custody of the older daughter for six consecutive months. The allegations surfaced in November, 1986, when the older daughter told Cynthia Goodman, Louis Wright’s female companion, that Giles had had sexual intercourse with her while respondent held her down and covered her mouth, App. 47-55; 3 Tr. 456-460, and that she had seen respondent and Giles do the same thing to respondent’s younger daughter, App. 48-49, 61; 3 Tr. 460. The younger daughter was living with her parents -respondent and Giles -at the time of the alleged offenses.
Goodman reported the older daughter’s disclosures to the police the next day, and took the older daughter to the hospital. A medical examination of the older daughter revealed evidence of sexual abuse. One of the examining
Justice O’CONNOR, with whom The Chief Justice, Justice SCALIA, and Justice KENNEDY join, dissenting.
At the heart of the Constitution’s guarantee of equal protection lies the simple command that the Government must treat citizens “as individuals, not as simply components of a racial, religious, sexual or national class.'” Arizona Governing Committee v. Norris, 463 U. S. 1073, 463 U. S. 1083 (1983). Social scientists may debate how peoples’ thoughts and behavior reflect their background, but the Constitution provides that the Government may not allocate benefits and burdens among individuals based on the assumption that race or ethnicity determines how they act or think. To uphold the challenged programs, the Court departs from these fundamental principles and from our traditional requirement that racial classifications are permissible only if necessary and narrowly tailored to achieve a compelling interest. This departure marks a renewed toleration of racial classifications and a repudiation of our recent affirmation that the Constitution’s equal protection guarantees extend equally to all citizens. The Court’s application of a lessened equal protection standard to congressional actions finds no support in our cases or in the Constitution. I respectfully dissent
I
As we recognized last Term, the Constitution requires that the Court apply a strict standard of scrutiny to evaluate racial classifications such as those contained in the challenged FCC distress sale and comparative
Justice O’CONNOR delivered the opinion of the Court.
This case presents issues pertaining to federal court review of a state court’s determination that an offense was committed “in an especially heinous, cruel or depraved manner,” Ariz.Rev.Stat. § 13-703(F)(6) (1989).
I
The relevant facts are undisputed. The evidence at trial showed that, in May, 1976, police arrested respondent Jimmie Wayne Jeffers and his girlfriend, Penelope Cheney, on state-law charges of possession of narcotics and receipt of stolen property. Respondent posted bond for Cheney, but was unable to post bond for himself, and remained in custody at the Pima County Jail. While in jail, respondent received reports that Cheney had been cooperating with police by providing the police with information about respondent and certain heroin transactions. Respondent wrote a note to another jail inmate offering him money if he would kill Cheney. The detention officer who was supposed to deliver the note read it and seized it.
In October, 1976, respondent was released from jail on bond pending appeal of his convictions. About a week later, he met Doris Van Der Veer and began living with her at a motel in Tucson. Respondent subsequently invited Cheney to the motel in order to provide her with some heroin.
On the day of the murder, respondent told Van Der Veer that Cheney was coming over and that they wished to be alone. When Cheney arrived, respondent introduced her to Van Der Veer, who then excused herself. After about