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 delivered the opinion of the Court.
This appeal presents a facial challenge to a criminal statute that requires persons who loiter or wander on the streets to provide a “credible and reliable” identification and to account for their presence when requested by a peace officer under circumstances that would justify a stop under the standards of Terry v. Ohio, 392 U. S. 1 (1968). [ Footnote 1 ] We conclude that the statute as it has been construed is unconstitutionally vague within the meaning of the Due Process Clause of the Fourteenth Amendment by failing to clarify what is contemplated by the requirement that a suspect provide a “credible and reliable” identification. Accordingly, we affirm the judgment of the court below.
I
Appellee Edward Lawson was detained or arrested on approximately 15 occasions between March, 1975, and January, 1977, pursuant to Cal.Penal Code Ann. § 647(e) (West 1970). [ Footnote 2 ] Lawson was prosecuted only twice, and was convicted once. The second charge was dismissed.
Lawson then brought a civil action in the District Court for the Southern District of California seeking a declaratory judgment that § 647(e) is unconstitutional, a mandatory injunction to restrain enforcement of the statute, and compensatory and punitive damages against the various officers who detained him. The District Court found that § 647(e) was overbroad because “a person who is stopped on less than probable cause cannot be punished for failing to identify
JUSTICE O’CONNOR, dissenting.
I agree with the Court that the sole remedy available to North Dakota is an action under the Quiet Title Act. Having concluded that Congress has permitted such suits, though, I would not reject the usual rule that statutes of limitation do not bar a sovereign, a rule that is especially appropriate in the context of these cases. Consequently, I dissent.
Since the Quiet Title Act is the sole relief available to North Dakota, we confront the question whether Congress intended the statute of limitations to bar actions by States. The Court resolves the question by invocation of the principle that waivers of sovereign immunity are to be strictly construed. See ante at 461 U. S. 287. [ Footnote 2/1 ] The question is not that simple.
Although it is indeed true that the Court construes waivers of sovereign immunity strictly, that principle of statutory construction is no more than an aid in the task of determining congressional intent. In a close case, it may help the Court choose between two equally plausible constructions. It cannot, however, grant the Court authority to narrow judicially the waiver that Congress intended. United States v. Kubrick, 444 U. S. 111, 444 U. S. 118 (1979); Indian Towing Co. v. United States, 350 U. S. 61, 350 U. S. 69 (1955). The mere observation that a statute waives sovereign immunity, then, cannot resolve questions of construction. The Court still must consider all indicia of congressional intent. Considering all the evidence,
JUSTICE O’CONNOR delivered the opinion of the Court.
United States Customs officials seized $8,850 in currency from the claimant as she passed through customs at Los Angeles International Airport. The question in this case is whether the Government’s 18-month delay in filing a civil proceeding for forfeiture of the currency violates the claimant’s right to due process of law. We conclude that the four-factor balancing test of Barker v. Wingo, 407 U. S. 514 (1972), provides the relevant framework for determining whether the delay in filing a forfeiture action was reasonable. Applying the Barker test to the circumstances of this case, we find no unreasonable delay.
I
A
Section 231 of the Bank Secrecy Act of 1970, 84 Stat. 1122, 31 U.S.C. § 1101, requires persons knowingly transporting monetary instruments exceeding $5,000 into the United States to file a report with the Customs Service declaring the amount being transported. Congress has authorized the Government to seize and forfeit any monetary instruments for which a required report was not filed. 31 U.S.C. § 1102(a). Since the Bank Secrecy Act does not specify the procedures to be followed in seizing monetary instruments, the Customs Service generally follows the procedures governing forfeitures for violations of the customs laws, as set forth in 19 U.S.C. § 1602 et seq. (1976 ed. and Supp. V), and the implementing regulations. Under these procedures, the Customs Service notifies any person who appears to have an interest
JUSTICE O’CONNOR delivered the opinion of the Court.
The question in this case is whether the Fourteenth Amendment prohibits a State from revoking an indigent defendant’s probation for failure to pay a fine and restitution. Its resolution involves a delicate balance between the acceptability, and indeed wisdom, of considering all relevant factors when determining an appropriate sentence for an individual and the impermissibility of imprisoning a defendant solely because of his lack of financial resources. We conclude that the trial court erred in automatically revoking probation because petitioner could not pay his fine, without determining that petitioner had not made sufficient bona fide efforts to pay or that adequate alternative forms of punishment did not exist. We therefore reverse the judgment of the Georgia Court of Appeals upholding the revocation of probation, and remand for a new sentencing determination.
I
In September, 1980, petitioner was indicted for the felonies of burglary and theft by receiving stolen property. He pleaded guilty, and was sentenced on October 8, 1980. Pursuant to the Georgia First Offender’s Act, Ga.Code Ann. § 27-2727 et seq. (current version at § 42-8-60 et seq. (Supp.1982)), the trial court did not enter a judgment of guilt, but deferred further proceedings and sentenced petitioner to three years on probation for the burglary charge and a concurrent one year on probation for the theft charge. As a condition of probation, the trial court
JUSTICE O’CONNOR delivered the opinion of the Court.
In this case, we consider both the rights of the Federal Government when a State misuses funds advanced as part of a federal grant-in-aid program under Title I of the Elementary and Secondary Education Act and the manner in which the Government may assert those rights. We hold that the Federal Government may recover misused funds, that the Department of Education may determine administratively the amount of the debt, and that the State may seek judicial review of the agency’s determination.
I
The respondents, New Jersey and Pennsylvania, received grants from the Federal Government under Title I of the Elementary and Secondary Education Act of 1965 (ESEA), Pub.L. 89-10, 79 Stat. 27, as amended, 20 U.S.C. § 2701 et seq. (1976 ed., Supp. V). Title I created a program designed to improve the educational opportunities available to disadvantaged children. § 102, 20 U.S.C. § 2702 (1976 ed., Supp. V). Local educational agencies obtain federal grants through state educational agencies, which in turn obtain grants from the Department of Education [ Footnote 1 ] upon providing assurances to the Secretary that the local educational agencies will spend the funds only on qualifying programs. § 182(a), 20 U.S.C. § 2832(a) (1976 ed., Supp. V). [ Footnote 2 ] In auditing New Jersey for the period September 1, 1970, through August, 1973, and Pennsylvania for the period July 1, 1967, through June 30, 1973, to ensure compliance with ESEA and
JUSTICE O’CONNOR delivered the opinion of the Court.
Section 102(2)(C) of the National Environmental Policy Act of 1969, 83 Stat. 853, 42 U.S.C. § 4332(2)(C) (NEPA), requires federal agencies to consider the environmental impact of any major federal action. [ Footnote 1 ] As part of its generic rulemaking proceedings to evaluate the environmental effects of the nuclear fuel cycle for nuclear powerplants, the Nuclear Regulatory Commission (Commission) [ Footnote 2 ] decided that licensing boards should assume, for purposes of NEPA, that the permanent storage of certain nuclear wastes would have no significant environmental impact, and thus should not affect the decision whether to license a particular nuclear powerplant. We conclude that the Commission complied with NEPA, and that its decision is not arbitrary or capricious within the meaning of § 10(e) of the Administrative Procedure Act (APA), 5 U.S.C. § 706. [ Footnote 3 ]
I
The environmental impact of operating a light-water nuclear powerplant [ Footnote 4 ]includes the effects of off-site activities necessary to provide fuel for the plant (“front end” activities), and of off-site activities necessary to dispose of the highly toxic and long-lived nuclear wastes generated by the plant (“back end” activities). The dispute in these cases concerns the Commission’s adoption of a series of generic rules to evaluate the environmental effects of a nuclear powerplant’s fuel cycle. At the heart of each rule is Table S-3, a numerical
JUSTICE O’CONNOR, dissenting.
As the Court recognizes, “resort to state law [is] the norm for borrowing of limitations periods.” Ante at 462 U. S. 171. When federal law is silent on the question of limitations, we borrow state law in the belief that, given our longstanding practice and congressional awareness of it, we can safely assume, in the absence of strong indications to the contrary, that Congress intends by its silence that we follow the usual rule. [ Footnote 3/1 ] In Auto Workers v. Hoosier Cardinal Corp., 383 U. S. 696 (1966), we applied the “norm” to a suit under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. I see no reason in these cases to depart from our usual practice of borrowing state law, for we have no contrary indications strong enough to outweigh our ordinary presumption that Congress’ silence indicates a desire that we follow the ordinary rule. As a result, I would look to state law for a limitations period. For the reasons given by JUSTICE STEVENS in his separate opinion in United Parcel Service, Inc. v. Mitchell, 451 U. S. 56, 451 U. S. 72 -74 (1981), I think that a malpractice action against an attorney provides the closest analogy to an employee’s suit against his union for breach of the duty of fair representation, and I would apply the State’s statute of limitations for such an action here. In DelCostello’s action against his employer, I, like JUSTICE STEVENS, would follow Mitchell. [ Footnote 3/2 ]
Notes
[ Footnote 3/1 ]
I believe,
JUSTICE O’CONNOR, with whom JUSTICE WHITE and JUSTICE REHNQUIST join, concurring in the judgment in part and dissenting in part.
For reasons stated in my dissent in Akron v. Akron Center for Reproductive Health, ante p. 462 U. S. 416, I believe that the second trimester hospitalization requirement imposed by § 188.025 does not impose an undue burden on the limited right to undergo an abortion. Assuming, arguendo, that the requirement was an undue burden, it would nevertheless “reasonably relat[e] to the preservation and protection of maternal health.” Roe v. Wade, 410 U. S. 113, 410 U. S. 163 (1973). I therefore dissent from the Court’s judgment that the requirement is unconstitutional.
I agree that the second physician requirement contained in § 188.030.3 is constitutional because the State possesses a compelling interest in protecting and preserving fetal life, but I believe that this state interest is extant throughout pregnancy. I therefore concur in the judgment of the Court.
I agree that the pathology report requirement imposed by § 188.047 is constitutional because it imposes no undue burden on the limited right to undergo an abortion. Because I do not believe that the validity of this requirement is contingent in any way on the trimester of pregnancy in which it is imposed, I concur in the judgment of the Court.
Assuming, arguendo, that the State cannot impose a parental veto on the decision of a minor to undergo an abortion, I agree that the parental consent provision
JUSTICE O’CONNOR, with whom JUSTICE WHITE and JUSTICE REHNQUIST join, dissenting.
In Roe v. Wade, 410 U. S. 113 (1973), the Court held that the
right of privacy… founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action… is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.
Id. at 410 U. S. 153. The parties in these cases have not asked the Court to reexamine the validity of that holding, and the court below did not address it. Accordingly, the Court does not reexamine its previous holding. Nonetheless, it is apparent from the Court’s opinion that neither sound constitutional theory nor our need to decide cases based on the application of neutral principles can accommodate an analytical framework that varies according to the “stages” of pregnancy, where those stages, and their concomitant standards of review, differ according to the level of medical technology available when a particular challenge to state regulation occurs. The Court’s analysis of the Akron regulations is inconsistent both with the methods of analysis employed in previous cases dealing with abortion, and with the Court’s approach to fundamental rights in other areas.
Our recent cases indicate that a regulation imposed on “a lawful abortion is not unconstitutional unless it unduly burdens the right to seek an abortion.'” Maher v. Roe, 432 U. S. 464, 432 U. S. 473 (1977) (quoting Bellotti v. Baird, 428 U. S. 132, 428 U. S.
JUSTICE O’CONNOR, concurring in part and concurring in the judgment.
I join the opinion of the Court except to the extent that it might be read to suggest this Court’s endorsement of the view that one who makes a reasonably diligent effort to record will obtain the protections ordinarily reserved for recorded interests. I would express no opinion on that question, for it is not before us, and has not been addressed in brief or in argument or, indeed, in the statute.
JUSTICE O’CONNOR, with whom JUSTICE WHITE and JUSTICE REHNQUIST join, concurring in part and concurring in the judgment.
I agree with the Court’s treatment of the appellant’s arguments based on United States v. Vuitch, 402 U. S. 62 (1971), and Patterson v. New York, 432 U. S. 197 (1977). Accordingly, I Join Parts I and II of the Court’s opinion.
I concur in the judgment of the Court insofar as it affirms the conviction. For reasons stated in my dissent in Akron v Akron Center for Reproductive Health, ante p. 462 U. S. 416, I do not agree that the constitutional validity of the Virginia mandatory hospitalization requirement is contingent in any way on the trimester in which it is imposed. Rather, I believe that the requirement in this case is not an undue burden on the decision to undergo an abortion.
JUSTICE O’CONNOR delivered the opinion of the Court.
In 1960, the Government of the Republic of Cuba established respondent Banco Para el Comercio Exterior de Cuba (Bancec) to serve as “[a]n official autonomous credit institution for foreign trade… with full juridical capacity… of its own….” Law No. 793, Art. 1 (1960), App. to Pet. for Cert.2d. In September, 1960, Bancec sought to collect on a letter of credit issued by petitioner First National City Bank (now Citibank) in its favor in support of a contract for delivery of Cuban sugar to a buyer in the United States. Within days after Citibank received the request for collection, all of its assets in Cuba were seized and nationalized by the Cuban Government. When Bancec brought suit on the letter of credit in United States District Court, Citibank counterclaimed, asserting a right to set off the value of its seized Cuban assets. The question before us is whether Citibank may obtain such a setoff, notwithstanding the fact that Bancec was established as a separate juridical entity. Applying principles of equity common to international law and federal common law, we conclude that Citibank may apply a setoff.
I
Resolution of the question presented by this case requires us to describe in some detail the events giving rise to the current controversy.
Bancec was established by Law No. 793, of April 25, 1960, as the legal successor to the Banco Cubano del Comercio Exterior (Cuban Foreign Trade Bank), a trading bank established
JUSTICE O’CONNOR delivered the opinion of the Court.
This case presents the issue whether the Fourth Amendment prohibits law enforcement authorities from temporarily detaining personal luggage for exposure to a trained narcotics detection dog on the basis of reasonable suspicion that the luggage contains narcotics. Given the enforcement problems associated with the detection of narcotics trafficking and the minimal intrusion that a properly limited detention would entail, we conclude that the Fourth Amendment does not prohibit such a detention. On the facts of this case, however, we hold that the police conduct exceeded the bounds of a permissible investigative detention of the luggage.
I
Respondent Raymond J. Place’s behavior aroused the suspicions of law enforcement officers as he waited in line at the Miami International Airport to purchase a ticket to New York’s La Guardia Airport. As Place proceeded to the gate for his flight, the agents approached him and requested his airline ticket and some identification. Place complied with the request and consented to a search of the two suitcases he had checked. Because his flight was about to depart, however, the agents decided not to search the luggage.
Prompted by Place’s parting remark that he had recognized that they were police, the agents inspected the address tags on the checked luggage and noted discrepancies in the two street addresses. Further investigation revealed that neither address existed, and that the telephone
JUSTICE O’CONNOR, with whom JUSTICE STEVENS joins, concurring.
By its decisions today in this case and in Karcher v. Daggett, ante p. 462 U. S. 725, the Court upholds, in the former, the allocation of one representative to a county in a state legislative plan with an 89% maximum deviation from population equality and strikes down, in the latter, a congressional reapportionment plan for the State of New Jersey where the maximum deviation is 0.6984%. As a Member of the majority in both cases, I feel compelled to explain the reasons for my joinder in these apparently divergent decisions.
In my view, the “one-person, one-vote” principle is the guiding ideal in evaluating both congressional and legislative redistricting schemes. In both situations, however, ensuring equal representation is not simply a matter of numbers. There must be flexibility in assessing the size of the deviation against the importance, consistency, and neutrality of the state policies alleged to require the population disparities.
Both opinions recognize this need for flexibility in examining the asserted state policies. [ Footnote 2/1 ] In Karcher, New Jersey has not demonstrated that the population variances in congressional districts were necessary to preserve minority voting strength -the only justification offered by the State. Ante at 462 U. S. 742 -744. Here, by contrast, there can be no doubt that the population deviation resulting from the provision of one representative to Niobrara County is the
JUSTICE O’CONNOR, with whom JUSTICE POWELL and JUSTICE REHNQUIST join, dissenting.
Today, the Court departs significantly from its prior decisions and holds that, before the State conducts any proceeding that will affect the legally protected property interests of any party, the State must provide notice to that party by means certain to ensure actual notice as long as the party’s identity and location are “reasonably ascertainable.” Ante at 462 U. S. 800. Applying this novel and unjustified principle to the present case, the Court decides that the mortgagee involved deserved more than the notice by publication and posting that were provided. I dissent because the Court’s approach is unwarranted both as a general rule and as the rule of this case.
I
In Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306, 339 U. S. 314 (1950), the Court established that
[a]n elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.
We emphasized that notice is constitutionally adequate when “the practicalities and peculiarities of the case… are reasonably met,” id. at 339 U. S. 314 -315. See also Walker v. City of Hutchinson, 352 U. S. 112, 352 U. S. 115 (1956); Schroeder v. New York City, 371 U. S. 208, 371 U. S. 211 -212 (1962); Greene v. Lindsey, 456
JUSTICE O’CONNOR, with whom JUSTICE BRENNAN and JUSTICE STEVENS join, dissenting.
The Special Master reasoned that Idaho was entitled to a “fair share” of the anadromous fish that are the subject of this dispute. Without quantifying that share, however, he rejected the claim that Washington and Oregon had mismanaged the fishery, Report of Special Master 30-34, concluding instead that they had acted in good faith, id. at 35, and that the relief requested by Idaho was unworkable, ibid. In reaching that conclusion, he refused to consider any evidence pertaining to years earlier than 1975 or to future developments. Id. at 25-26, 27.
The Court today overrules the exceptions to the report of the Special Master. I see substantial merit to several of the points raised by Idaho, and am persuaded that they require a remand to the Special Master for further proceedings. Accordingly, I dissent.
I
The Master properly concluded that “Idaho is entitled to its fair share of the fish.” Id. at 25. No one owns an individual fish until he reduces that fish to possession, Pierson v. Post 2 Am.Dec. 264 (N.Y. 1805), and, indeed, even the States do not have full-fledged “property” interests in the wildlife within their boundaries, see, e.g., Douglas v. Seacoast Products, Inc., 431 U. S. 265, 431 U. S. 284 (1977); Missouri v. Holland, 252 U. S. 416, 252 U. S. 434 (1920). Nonetheless, courts have long recognized the opportunity to fish as an interest of sufficient dignity and importance to warrant
JUSTICE O’CONNOR, concurring in the judgment.
For reasons given in Part I of the dissent by JUSTICE STEVENS, post at 463 U. S. 636 -639, I cannot agree with the limitations that JUSTICE WHITE’s opinion would place on the scope of equitable relief available to private litigants suing under Title VI. [ Footnote 3/1 ] Therefore, like the dissent, I would address two further questions: (1) whether proof of purposeful discrimination is a necessary element of a valid Title VI claim, and (2) if so, whether administrative regulations incorporating an impact standard may be upheld as within the agency’s statutory authority. My affirmative answer to the first question leads me to conclude that regulations imposing an impact standard are not valid. On that basis, I would affirm the judgment below.
Were we construing Title VI without the benefit of any prior interpretation from this Court, one might well conclude that the statute was designed to redress more than purposeful discrimination. Cf. University of California Regents v. Bakke, 438 U. S. 265, 438 U. S. 412 -418 (1978) (opinion of STEVENS, J.). In Bakke, however, a majority of the Court concluded otherwise. Id. at 438 U. S. 287 (opinion of POWELL, J.); id. at 438 U. S. 328 (opinion of BRENNAN, WHITE, MARSHALL, and BLACKMUN, JJ.). Like JUSTICE STEVENS, post at 463 U. S. 641 -642, I feel constrained by stare decisis to follow that interpretation of the statute. I part company with JUSTICE STEVENS’ dissent, however, when it concludes
JUSTICE O’CONNOR delivered the opinion of the Court.
The question presented by this case is whether the State of California may require a federally licensed Indian trader, who operates a general store on an Indian reservation, to obtain a state liquor license in order to sell liquor for off-premises consumption. Because we find that Congress has delegated authority to the States as well as to the Indian tribes to regulate the use and distribution of alcoholic beverages in Indian country, [ Footnote 1 ] we reverse the judgment of the Court of Appeals for the Ninth Circuit.
I
The respondent Rehner is a federally licensed Indian trader [ Footnote 2 ] who operates a general store on the Pala Reservation in San Diego, Cal. The Pala Tribe had adopted a tribal ordinance permitting the sale of liquor on the reservation providing that the sales conformed to state law, and this ordinance was approved by the Secretary of the Interior. See 25 Fed.Reg. 3343 (1960). Rehner then sought from the State an exemption from its law requiring a state license for retail sale of distilled spirits for off-premises consumption. [ Footnote 3 ] When she was refused an exemption, Rehner filed suit seeking a declaratory judgment that she did not need a license from the State, and an order directing that liquor wholesalers could sell to her. The District Court granted the State’s motion to dismiss, ruling that Rehner was required to have a state license under 18 U.S.C. § 1161, which provides that liquor
JUSTICE O’CONNOR, concurring.
This case requires us to determine whether Title VII prohibits an employer from offering an annuity plan in which the participating insurance company uses sex-based tables for calculating monthly benefit payments. It is important to stress that our judicial role is simply to discern the intent of the 88th Congress in enacting Title VII of the Civil Rights Act of 1964, [ Footnote 3/1 ] a statute covering only discrimination in employment. What we, if sitting as legislators, might consider wise legislative policy is irrelevant to our task. Nor, as JUSTICE MARSHALL notes, ante at 463 U. S. 1078 -1079, n. 4, do we have before us any constitutional challenge. Finally, our decision must ignore (and our holding has no necessary effect on) the larger issue of whether considerations of sex should be barred from all insurance plans, including individual purchases of insurance, an issue that Congress is currently debating. See S. 372, 98th Cong., 1st Sess. (1983); H.R. 100, 98th Cong., 1st Sess. (1983).
Although the issue presented for our decision is a narrow one, the answer is far from self-evident. As with many other narrow issues of statutory construction, the general language chosen by Congress does not clearly resolve the precise question. Our polestar, however, must be the intent of Congress, and the guiding lights are the language, structure, and legislative history of Title VII. Our inquiry is made somewhat easier by the fact that this Court, in
JUSTICE O’CONNOR delivered the opinion of the Court.
This case requires us to consider the constitutionality under the Eighth and Fourteenth Amendments of instructing a capital sentencing jury regarding the Governor’s power to commute a sentence of life without possibility of parole. Finding no constitutional defect in the instruction, we reverse the decision of the Supreme Court of California and remand for further proceedings.
I
On the night of June 2, 1979, respondent Marcelino Ramos participated in the robbery of a fast-food restaurant where he was employed as a janitor. As respondent’s codefendant placed a food order, respondent entered the restaurant, went behind the front counter into the work area, ostensibly for the purpose of checking his work schedule, and emerged with a gun. Respondent directed the two employees working that night into the restaurant’s walk-in refrigerator and ordered them to face the back wall. Respondent entered and emerged from the refrigerator several times, inquiring at one point about the keys to the restaurant safe. When he entered for the last time, he instructed the two employees to kneel on the floor of the refrigerator, to remove their hats, and to pray. Respondent struck both on the head and then shot them, wounding one and killing the other.
Respondent was charged with robbery, attempted murder, and first-degree murder. Defense counsel presented no evidence at the guilt phase of respondent’s trial, and the jury returned a verdict
JUSTICE O’CONNOR delivered the opinion of the Court.
In Terry v. Ohio, 392 U. S. 1 (1968), we upheld the validity of a protective search for weapons in the absence of probable cause to arrest because it is unreasonable to deny a police officer the right “to neutralize the threat of physical harm,” id. at 392 U. S. 24, when he possesses an articulable suspicion that an individual is armed and dangerous. We did not, however, expressly address whether such a protective search for weapons could extend to an area beyond the person in the absence of probable cause to arrest. In the present case, respondent David Long was convicted for possession of marihuana found by police in the passenger compartment and trunk of the automobile that he was driving. The police searched the passenger compartment because they had reason to believe that the vehicle contained weapons potentially dangerous to the officers. We hold that the protective search of the passenger compartment was reasonable under the principles articulated in Terry and other decisions of this Court. We also examine Long’s argument that the decision below rests upon an adequate and independent state ground, and we decide in favor of our jurisdiction.
I
Deputies Howell and Lewis were on patrol in a rural area one evening when, shortly after midnight, they observed a car traveling erratically and at excessive speed. [ Footnote 1 ] The officers observed the car turning down a side road, where it swerved off into a shallow ditch.
JUSTICE O’CONNOR delivered the opinion of the Court.
In § 244(a)(1) of the Immigration and Nationality Act (Act), 66 Stat. 214, as amended, 8 U.S.C. § 1254(a)(1), Congress provided that the Attorney General, in his discretion, may suspend deportation and adjust the status of an otherwise deportable alien who (1) “has been physically present in the United States for a continuous period of not less than seven years”; (2) “is a person of good moral character”; and (3) is “a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child….” In this case, we must decide the meaning of § 244(a)(1)’s “continuous physical presence” requirement.
I
Respondent, a native and citizen of Thailand, first entered the United States as a nonimmigrant student in October, 1969. Respondent’s husband, also a native and citizen of Thailand, entered the country in August, 1968. Respondent and her husband were authorized to remain in the United States until July, 1971. However, when their visas expired, they chose to stay without securing permission from the immigration authorities.
In January, 1977, petitioner, the Immigration and Naturalization Service (INS), [ Footnote 1 ] commenced deportation proceedings against respondent and her husband pursuant to § 241(a)(2) of the Act. See 8 U.S.C. § 1251(a)(2). Respondent and her husband conceded deportability and applied for suspension pursuant to § 244(a)(1). 8 U.S.C.
JUSTICE O’CONNOR delivered the opinion of the Court.
These consolidated cases present the question whether §§ 611-613A of the Internal Revenue Code (Code), 26 U.S.C. §§ 611-613A, entitle taxpayers to an allowance for percentage depletion on lease bonus or advance royalty income received from lessees of their oil and gas mineral interests.
I
A
Ever since enacting the earliest income tax laws, Congress has subsidized the development of our Nation’s natural resources. Toward this end, Congress has allowed holders of economic interests in mineral deposits, including oil and gas wells, to deduct from their taxable incomes the larger of two depletion allowances: cost or percentage. [ Footnote 1 ] Under cost depletion, taxpayers amortize the cost of their wells over their total productive lives. [ Footnote 2 ] Under percentage depletion, taxpayers deduct a statutorily specified percentage of the “gross income” generated from the property, irrespective of actual costs incurred. [ Footnote 3 ] Through these depletion provisions, Congress has permitted taxpayers to recover the investments they have made in mineral deposits and to generate additional capital for further exploration and production of the Nation’s mineral resources.
Taxpayers have historically preferred the allowance for percentage, as opposed to cost, depletion on wells that are good producers, because the tax benefits are significantly greater. Prior to 1975, it was well settled that taxpayers leasing their interests
JUSTICE O’CONNOR delivered the opinion of the Court.
These cases arise out of the Department of the Interior’s sale of oil and gas leases on the Outer Continental Shelf (OCS) off the coast of California. We must determine whether the sale is an activity “directly affecting” the coastal zone under § 307(C)(1) of the Coastal Zone Management Act (CZMA). That section provides in its entirety:
Each Federal agency conducting or supporting activities directly affecting the coastal zone shall conduct or support those activities in a manner which is, to the maximum extent practicable, consistent with approved state management programs.
86 Stat. 1285, 16 U.S.C. § 1456(C)(1) (1982 ed.). We conclude that the Secretary of the Interior’s sale of Outer Continental Shelf oil and gas leases is not an activity “directly affecting” the coastal zone within the meaning of the statute.
I
CZMA defines the “coastal zone” to include state, but not federal, land near the shorelines of the several coastal States, as well as coastal waters extending “seaward to the outer limit of the United States territorial sea.” 16 U.S.C. § 1453(1) (1982 ed.). The territorial sea for States bordering on the Pacific Ocean or Atlantic Ocean extends three geographical miles seaward from the coastline. See 43 U.S.C. § 1301; United States v. California, 381 U. S. 139 (1965). Submerged lands subject to the jurisdiction of the United States that lie beyond the territorial sea constitute the “outer Continental Shelf.”
JUSTICE O’CONNOR delivered the opinion of the Court.
In Faretta v. California, 422 U. S. 806 (1975), this Court recognized a defendant’s Sixth Amendment right to conduct his own defense. The Court also held that a trial court may appoint “standby counsel” to assist the pro se defendant in his defense. Today we must decide what role standby counsel who is present at trial over the defendant’s objection may play consistent with the protection of the defendant’s Faretta rights.
I
Carl Edwin Wiggins was convicted of robbery and sentenced to life imprisonment as a recidivist. His conviction was set aside because of a defective indictment. When Wiggins was retried, he was again convicted and sentenced to life imprisonment. Standby counsel were appointed to assist Wiggins at both trials. Wiggins now challenges counsel’s participation in his second trial.
Prior to the first trial, a hearing was held on Wiggins’ motion to proceed pro se. The court granted the motion, Record 4a, but simultaneously appointed two attorneys to act as standby counsel. Wiggins initially objected to their presence. Id. at 11a. Shortly thereafter, however, counsel asked Wiggins how they should conduct themselves at trial, and Wiggins expressly requested that they bring appropriate objections directly to the attention of the court, without first consulting him. Id. at 37a. After the trial, newly appointed counsel discovered that the original indictment was defective, and a new trial was granted.
On April