Anthony Kennedy, Antonin Scalia, Byron White, Economic Activity, John Paul Stevens, Majority, William Rehnquist

Schweiker v. Chilicky

Anthony Kennedy, Antonin Scalia, Byron White, Economic Activity, John Paul Stevens, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

This case requires us to decide whether the improper denial of Social Security disability benefits, allegedly resulting from violations of due process by government officials who administered the Federal Social Security program, may give rise to a cause of action for money damages against those officials. We conclude that such a remedy, not having been included in the elaborate remedial scheme devised by Congress, is unavailable.

I

A

Under Title II of the Social Security Act (Act), the Federal Government provides disability benefits to individuals who have contributed to the Social Security program and who, because of a medically determinable physical or mental impairment, are unable to engage in substantial gainful work. 42 U.S.C. §§ 423(a), (d) (1982 ed. and Supp. IV). A very similar program for disabled indigents is operated under Title XVI of the Act, 42 U.S.C. § 1381 et seq. (1982 ed. and Supp. IV), but those provisions are technically not at issue in this case. Title II, which is administered in conjunction with state welfare agencies, provides benefits only while an individual’s statutory disability persists. See 42 U.S.C. §§ 421(a), 423(a)(1) (1982 ed. and Supp. IV). In 1980, Congress noted that existing administrative procedures provided for reexamination of eligibility “only under a limited number of circumstances.” H.R.Conf.Rep. No. 96-944, p. 60 (1980); see also S.Rep. No. 96-408, pp. 60-61 (1979). Congress

Anthony Kennedy, Antonin Scalia, Byron White, Economic Activity, Harry Blackmun, John Paul Stevens, Majority, Thurgood Marshall, William Brennan, William Rehnquist

Chick Kam Choo v. Exxon Corp

Anthony Kennedy, Antonin Scalia, Byron White, Economic Activity, Harry Blackmun, John Paul Stevens, Majority, Thurgood Marshall, William Brennan, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

This case concerns the propriety of an injunction entered by the United States District Court for the Southern District of Texas. The injunction prohibited specified parties from litigating a certain matter in the Texas state courts. We must determine whether this injunction is permissible under the Anti-Injunction Act, 28 U.S.C. § 2283, which generally bars federal courts from granting injunctions to stay proceedings in state courts.

I

In 1977, Leong Chong, a resident of the Republic of Singapore, was accidentally killed in that country while performing repair work on a ship owned by respondent Esso Tankers, Inc., a subsidiary of respondent Exxon Corporation. Petitioner Chick Kam Choo, also a resident of Singapore, is Chong’s widow. * In 1978, she brought suit in the United States District Court for the Southern District of Texas, presenting claims under the Jones Act, 46 U.S.C. § 688, the Death on the High Seas Act (DOHSA), 46 U.S.C. § 761, the general maritime law of the United States, App. 4, and the Texas Wrongful Death Statute, Tex.Civ.Prac. & Rem.Code Ann. §§ 71.001-71.031 (1986).

Respondents moved for summary judgment on the Jones Act and DOHSA claims, arguing that Chong was not a seaman, which rendered the Jones Act inapplicable, and that Chong had not died on the “high seas,” but while the ship was in port, which rendered the DOHSA inapplicable. App. 9-10. Respondents also moved for summary judgment on the claim

Anthony Kennedy, Antonin Scalia, Byron White, Due Process, John Paul Stevens, Majority, Thurgood Marshall, William Brennan

Tulsa Prof. Collection Svcs. v. Pope

Anthony Kennedy, Antonin Scalia, Byron White, Due Process, John Paul Stevens, Majority, Thurgood Marshall, William Brennan / By

JUSTICE O’CONNOR delivered the opinion of the Court.

This case involves a provision of Oklahoma’s probate laws requiring claims “arising upon a contract” generally to be presented to the executor or executrix of the estate within two months of the publication of a notice advising creditors of the commencement of probate proceedings. Okla.Stat., Tit. 58, § 333 (1981). The question presented is whether this provision of notice solely by publication satisfies the Due Process Clause.

I

Oklahoma’s Probate Code requires creditors to file claims against an estate within a specified time period, and generally bars untimely claims. Ibid. Such “nonclaim statutes” are almost universally included in state probate codes. See Uniform Probate Code § 3-801, 8 U.L.A. 351 (1983); Falender, Notice to Creditors in Estate Proceedings: What Process is Due?, 63 N. C.L.Rev. 659, 667-668 (1985). Giving creditors a limited time in which to file claims against the estate serves the State’s interest in facilitating the administration and expeditious closing of estates. See, e.g., State ex rel. Central State Griffin Memorial Hospital v. Reed, 493 P.2d 815, 818 (Okla.1972). Nonclaim statutes come in two basic forms. Some provide a relatively short time period, generally two to six months, that begins to run after the commencement of probate proceedings. Others call for a longer period, generally one to five years, that runs from the decedent’s death. See Falender, supra, at 664-672. Most States include

Antonin Scalia, Byron White, First Amendment, Harry Blackmun, John Paul Stevens, Majority, Thurgood Marshall, William Brennan, William Rehnquist

Boos v. Barry

Antonin Scalia, Byron White, First Amendment, Harry Blackmun, John Paul Stevens, Majority, Thurgood Marshall, William Brennan, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court, except as to Part II-A.

The question presented in this case is whether a provision of the District of Columbia Code, § 22-1115, violates the First Amendment. This section prohibits the display of any sign within 500 feet of a foreign embassy if that sign tends to bring that foreign government into “public odium” or “public disrepute.” It also prohibits any congregation of three or more persons within 500 feet of a foreign embassy.

I

Petitioners are three individuals who wish to carry signs critical of the Governments of the Soviet Union and Nicaragua on the public sidewalks within 500 feet of the embassies of those Governments in Washington, D.C. Petitioners Bridget M. Brooker and Michael Boos, for example, wish to display signs stating “RELEASE SAKHAROV” and “SOLIDARITY” in front of the Soviet Embassy. Petitioner J. Michael Waller wishes to display a sign reading “STOP THE KILLING” within 500 feet of the Nicaraguan Embassy. All of the petitioners also wish to congregate with two or more other persons within 500 feet of official foreign buildings.

Asserting that D.C. Code § 22-1115 (1981) prohibited them from engaging in these expressive activities, petitioners, together with respondent Father R. David Finzer, brought a facial First Amendment challenge to that provision in the District Court for the District of Columbia. They named respondents, the Mayor and certain other law enforcement officials of the District of Columbia,

Anthony Kennedy, Antonin Scalia, Clarence Thomas, David Souter, John Paul Stevens, Judicial Power, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Quackenbush v. Allstate Ins. Co

Anthony Kennedy, Antonin Scalia, Clarence Thomas, David Souter, John Paul Stevens, Judicial Power, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

In this case, we consider whether an abstention-based remand order is appealable as a final order under 28 U. S. C. § 1291, and whether the abstention doctrine first recognized in Burford v. Sun Oil Co., 319 U. S. 315 (1943), can be applied in a common-law suit for damages.

I

Petitioner, the Insurance Commissioner for the State of California, was appointed trustee over the assets of the Mission Insurance Company and its affiliates (Mission companies) in 1987, after those companies were ordered into liquidation by a California court. In an effort to gather the assets of the defunct Mission companies, the Commissioner filed the instant action against respondent Allstate Insurance Company in state court, seeking contract and tort damages for Allstate’s alleged breach of certain reinsurance agreements, as well as a general declaration of Allstate’s obligations under those agreements.

Allstate removed the action to federal court on diversity grounds and filed a motion to compel arbitration under the Federal Arbitration Act, 9 U. S. C. § 1 et seq. (1988 ed. and Supp. V). The Commissioner sought remand to state court, arguing that the District Court should abstain from hearing the case under Burford, supra, because its resolution might interfere with California’s regulation of the Mission insolvency. Specifically, the Commissioner indicated that Allstate would be asserting its right to set off its own contract claims against the

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Libretti v. United States

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.t Petitioner Joseph Libretti pleaded guilty to engaging in a continuing criminal enterprise, in violation of 84 Stat. 1265, 21 U. S. C. § 848 (1988 ed. and Supp. V), and agreed to forfeit numerous items of his property to the Government. We must decide whether Federal Rule of Criminal Procedure 11(f) requires the District Court to determine whether a factual basis exists for a stipulated asset forfeiture embodied in a plea agreement, and whether the Federal Rule of Crimi

*Briefs of amici curiae urging reversal were filed for the Forfeiture Endangers American Rights Foundation by Brenda Grantland; and for the National Association of Criminal Defense Lawyers by David B. Smith and Richard J. Troberman.

tJUSTICE SCALIA and JUSTICE THOMAS join all but Parts II-B and II-C of this opinion. JUSTICE SOUTER and JUSTICE GINSBURG join only Parts I and II. nal Procedure 31(e) right to a special jury verdict on forfeiture can only be waived following specific advice from the District Court as to the existence and scope of this right and an express, written waiver.

I

In May 1992, Joseph Libretti was charged in a multicount superseding indictment with violations of various federal drug, firearms, and money-laundering laws. Included in the indictment was a count alleging that Libretti engaged in a continuing criminal enterprise (CCE), in violation of 21 U. s. C. § 848, by operating a cocaine and marijuana distribution organization in Wyoming

Anthony Kennedy, Antonin Scalia, Civil Rights, Clarence Thomas, Majority, William Rehnquist

Adarand Constructors Inc. v. Peña

Anthony Kennedy, Antonin Scalia, Civil Rights, Clarence Thomas, Majority, William Rehnquist / By

JUSTICE O’CONNOR announced the judgment of the Court and delivered an opinion with respect to Parts I, II, III-A, III-B, III-D, and IV, which is for the Court except insofar as it might be inconsistent with the views expressed in JUSTICE SCALIA’S concurrence, and an opinion with respect to Part III-C in which JUSTICE KENNEDY joins.

Petitioner Adarand Constructors, Inc., claims that the Federal Government’s practice of giving general contractors on Government projects a financial incentive to hire subcontractors controlled by “socially and economically disadvantaged individuals,” and in particular, the Government’s use of race-based presumptions in identifying such individuals, violates the equal protection component of the Fifth Amendment’s Due Process Clause. The Court of Appeals rejected Adarand’s claim. We conclude, however, that courts should analyze cases of this kind under a different standard of review than the one the Court of Appeals applied. We there

Black Caucus by H. Russell Frisby, Jr., and Thomas J. Madden; for the Equality in Enterprise Opportunities Association, Inc., by Kenneth A. Martin; for the Latin American Management Association by Pamela J. Mazza; for the Lawyers’ Committee for Civil Rights Under Law et al. by John Payton, John H. Pickering, Michael A. Cooper, Herbert J. Hansell, Thomas J. Henderson, Richard T. Seymour, Sharon R. Vinick, Steven R. Shapiro, Donna R. Lenhoff, and Marcia D. Greenberger; for the Minority Business Enterprise Legal Defense

Antonin Scalia, Criminal Procedure, David Souter, Harry Blackmun, John Paul Stevens, Majority, Ruth Bader Ginsburg

Williamson v. United States

Antonin Scalia, Criminal Procedure, David Souter, Harry Blackmun, John Paul Stevens, Majority, Ruth Bader Ginsburg / By

JUSTICE O’CONNOR delivered the opinion of the Court, except as to Part II-C.

In this case we clarify the scope of the hearsay exception for statements against penal interest. Fed. Rule Evid. 804(b)(3).

I

A deputy sheriff stopped the rental car driven by Reginald Harris for weaving on the highway. Harris consented to a search of the car, which revealed 19 kilograms of cocaine in two suitcases in the trunk. Harris was promptly arrested.

Shortly after Harris’ arrest, Special Agent Donald Walton of the Drug Enforcement Administration (DEA) interviewed him by telephone. During that conversation, Harris said that he got the cocaine from an unidentified Cuban in Fort Lauderdale; that the cocaine belonged to petitioner Williamson; and that it was to be delivered that night to a particular dumpster. Williamson was also connected to Harris by physical evidence: The luggage bore the initials of Williamson’s sister, Williamson was listed as an additional driver on the car rental agreement, and an envelope addressed to Williamson and a receipt with Williamson’s girlfriend’s address were found in the glove compartment.

Several hours later, Agent Walton spoke to Harris in person. During that interview, Harris said he had rented the car a few days earlier and had driven it to Fort Lauderdale to meet Williamson. According to Harris, he had gotten the cocaine from a Cuban who was Williamson’s acquaintance, and the Cuban had put the cocaine in the car with a note telling Harris how to deliver

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, Majority, William Rehnquist

Davis v. United States

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

In Edwards v. Arizona, 451 U. S. 477 (1981), we held that law enforcement officers must immediately cease questioning a suspect who has clearly asserted his right to have counsel present during custodial interrogation. In this case we decide how law enforcement officers should respond when a suspect makes a reference to counsel that is insufficiently clear to invoke the Edwards prohibition on further questioning.

I

Pool brought trouble-not to River City, but to the Charleston Naval Base. Petitioner, a member of the United States Navy, spent the evening of October 2, 1988, shooting pool at a club on the base. Another sailor, Keith Shackleton, lost a game and a $30 wager to petitioner, but Shackleton refused to pay. After the club closed, Shackleton was beaten to death with a pool cue on a loading dock behind the commissary. The body was found early the next morning.

The investigation by the Naval Investigative Service (NIS) gradually focused on petitioner. Investigative agents determined that petitioner was at the club that evening, and that he was absent without authorization from his duty station the next morning. The agents also learned that only privately owned pool cues could be removed from the club premises, and that petitioner owned two cues-one of which had a bloodstain on it. The agents were told by various people that petitioner either had admitted committing the crime or had recounted details that clearly indicated

Anthony Kennedy, David Souter, Economic Activity, Harry Blackmun, John Paul Stevens, Majority, Ruth Bader Ginsburg, William Rehnquist

PUD No. 1 of Jefferson Cty. v. Washington Dept. of Ecology

Anthony Kennedy, David Souter, Economic Activity, Harry Blackmun, John Paul Stevens, Majority, Ruth Bader Ginsburg, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. Petitioners, a city and a local utility district, want to build a hydroelectric project on the Dosewallips River in Washington State. We must decide whether respondent state environmental agency (hereinafter respondent) properly conditioned a permit for the project on the maintenance of specific minimum stream flows to protect salmon and steelhead runs.

General of New York, and Kathleen Liston Morrison, Assistant Attorney General, Grant Woods, Attorney General of Arizona, Winston Bryant, Attorney General of Arkansas, Daniel E. Lungren, Attorney General of California, Richard Blumenthal, Attorney General of Connecticut, Charles M. Oberly III, Attorney General of Delaware, Robert A. Butterworth, Attorney General of Florida, Michael J. Bowers, Attorney General of Georgia, Robert A. Marks, Attorney General of Hawaii, Larry EchoHawk, Attorney General of Idaho, Roland A. Burris, Attorney General of Illinois, Pamela Fanning Carter, Attorney General of Indiana, Bonnie J. Campbell, Attorney General of Iowa, Robert T. Stephan, Attorney General of Kansas, Chris Gorman, Attorney General of Kentucky, Michael E. Carpenter, Attorney General of Maine, J. Joseph Curran, Jr., Attorney General of Maryland, Scott Harshbarger, Attorney General of Massachusetts, Frank J. Kelley, Attorney General of Michigan, Hubert H. Humphrey III, Attorney General of Minnesota, Mike Moore, Attorney General of Mississippi, Jeremiah W Nixon, Attorney General of