Supreme Court Opinions

Dissent, Economic Activity, John Paul Stevens, William Brennan, William Rehnquist

Jefferson Cty. Pharm. Ass’n v. Abbott Labs

Dissent, Economic Activity, John Paul Stevens, William Brennan, William Rehnquist / By

JUSTICE O’CONNOR, with whom JUSTICE BRENNAN, JUSTICE REHNQUIST, and JUSTICE STEVENS join, dissenting.

The issue that confronts the Court is one of statutory construction: whether the Robinson-Patman Act covers purchases of commodities by state and local governments for resale in competition with private retailers. [ Footnote 2/1 ] The Court’s task, therefore, is to discern the intent of the 1936 Congress which enacted the Robinson-Patman Act. I do not agree with the majority that this issue can be resolved by reference to cases under the Sherman Act or other statutes, or by reliance on the broad remedial purposes of the antitrust laws generally. The 1936 Congress simply did not focus on this issue. The business and legal communities have assumed for the past four decades that such purchases are not covered. For these reasons, as explained more fully below, I respectfully dissent.

I

A

The majority relies extensively on the interpretation this Court has given to the term “person” under the Sherman Act and other statutes as a guide to whether the terms “person” and “purchasers,” as used in § 2 of the Clayton Act, 38 Stat. 730, as amended by the Robinson-Patman Act (Act), 49 Stat. 1526, 15 U.S.C. § 13, include state and local governmental entities. See ante at 460 U. S. 155 -156. In my view, such reliance is misplaced. The question of the Robinson-Patman Act’s treatment of governmental purchases requires an independent examination of the legislative history of that Act to ascertain

Anthony Kennedy, Antonin Scalia, Byron White, Civil Rights, Majority, William Rehnquist

Kadrmas v. Dickinson Pub. Schs

Anthony Kennedy, Antonin Scalia, Byron White, Civil Rights, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

Appellants urge us to hold that the Equal Protection Clause forbids a State to allow some local school boards, but not others, to assess a fee for transporting pupils between their homes and the public schools. Applying well-established equal protection principles, we reject this claim and affirm the constitutionality of the challenged statute.

I

North Dakota is a sparsely populated State, with many people living on isolated farms and ranches. One result has been that some children, as late as the mid-20th century, were educated in

the one-room school where, in many cases, there [we]re twenty or more pupils with one teacher attempting in crowded conditions and under other disadvantages to give instructions in all primary grades.

Herman v. Medicine Lodge School Dist. No. 8, 71 N.W.2d 323, 328 (N.D.1955). The State has experimented with various ameliorative devices at different times in its history. Beginning in 1907, for example, it has adopted a series of policies that,

in certain circumstances required, and in other circumstances merely authorized, [local public] school districts to participate in transporting or providing compensation for transporting students to school.

402 N.W.2d 897, 900 (N.D.1987) (opinion below).

Since 1947, the legislature has authorized and encouraged thinly populated school districts to consolidate or “reorganize” themselves into larger districts so that education can be provided more

Anthony Kennedy, Criminal Procedure, David Souter, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer

Indianapolis v. Edmond

Anthony Kennedy, Criminal Procedure, David Souter, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer / By

JUSTICE O’CONNOR delivered the opinion of the Court.

In Michigan Dept. of State Police v. Sitz, 496 U. S. 444 (1990), and United States v. Martinez-Fuerte, 428 U. S. 543 (1976), we held that brief, suspicionless seizures at highway checkpoints for the purposes of combating drunk driving and intercepting illegal immigrants were constitutional. We now consider the constitutionality of a highway checkpoint program whose primary purpose is the discovery and interdiction of illegal narcotics.

I

In August 1998, the city of Indianapolis began to operate vehicle checkpoints on Indianapolis roads in an effort to interdict unlawful drugs. The city conducted six such roadblocks between August and November that year, stopping

*Briefs of amici curiae urging reversal were filed for the State of Kansas et al. by Carla J. Stovall, Attorney General of Kansas, Stephen R. McAllister, State Solicitor, Jared S. Maag, Assistant Attorney General, and John M. Bailey, Chief State’s Attorney of Connecticut, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Janet Napolitano of Arizona, Mark Pryor of Arkansas, Bill Lockyer of California, Robert A. Butterworth of Florida, James E. Ryan of Illinois, Karen M. Freeman-Wilson of Indiana, Thomas J. Miller of Iowa, Michael C. Moore of Mississippi, Don Stenberg of Nebraska, W A. Drew Edmondson of Oklahoma, Jan Graham of Utah, and Mark L. Earley of Virginia; for the National League of Cities et al. by Richard Ruda and

Criminal Procedure, Dissent, John Paul Stevens, Thurgood Marshall, William Brennan

Illinois v. Krull

Criminal Procedure, Dissent, John Paul Stevens, Thurgood Marshall, William Brennan / By

JUSTICE O’CONNOR, with whom JUSTICE BRENNAN, JUSTICE MARSHALL, and JUSTICE STEVENS join, dissenting.

The Court today extends the good faith exception to the Fourth Amendment exclusionary rule, United States v. Leon, 468 U. S. 897 (1984), in order to provide a grace period for unconstitutional search and seizure legislation during which the State is permitted to violate constitutional requirements with impunity. Leon’s rationale does not support this extension of its rule, and the Court is unable to give any independent reason in defense of this departure from established precedent. Accordingly, I respectfully dissent.

The Court, ante at 480 U. S. 348, accurately summarizes Leon’s holding:

In Leon, the Court held that the exclusionary rule should not be applied to evidence obtained by a police officer whose reliance on a search warrant issued by a neutral magistrate was objectively reasonable, even though the warrant was ultimately found to be defective. The Court also accurately summarizes the reasoning supporting this conclusion as based upon three factors: the historic purpose of the exclusionary rule, the absence of evidence suggesting that judicial officers are inclined to ignore Fourth Amendment limitations, and the absence of any basis for believing that the exclusionary rule significantly deters Fourth Amendment violations by judicial officers in the search warrant context. Ibid. In my view, application of Leon’s stated rationales leads to a contrary result in this

Anthony Kennedy, Antonin Scalia, Byron White, David Souter, Federalism, Harry Blackmun, John Paul Stevens, Majority, Thurgood Marshall, William Rehnquist

Ingersoll-Rand Co. v. McClendon

Anthony Kennedy, Antonin Scalia, Byron White, David Souter, Federalism, Harry Blackmun, John Paul Stevens, Majority, Thurgood Marshall, William Rehnquist / By

Justice O’CONNOR delivered the opinion of the Court.*

This case presents the question whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq., preempts a state common law claim that an employee was unlawfully discharged to prevent his attainment of benefits under a plan covered by ERISA.

I

Petitioner Ingersoll-Rand employed respondent Perry McClendon as a salesman and distributor of construction equipment. In 1981, after McClendon had worked for the company for nine years and eight months, the company fired him, citing a company-wide reduction in force. McClendon sued the company in Texas state court, alleging that his pension would have vested in another four months and that a principal reason for his termination was the company’s desire to avoid making contributions to his pension fund. McClendon did not realize that, pursuant to applicable regulations, see 29 CFR § 2530.200b-4 (1990) (break-in-service regulation), he had already been credited with sufficient service to vest his pension under the plan’s 10-year requirement. McClendon sought compensatory and punitive damages under various tort and contract theories; he did not assert any cause of action under ERISA. After a period of discovery, the company moved for, and obtained, summary judgment on all claims. The State Court of Appeals affirmed, holding that McClendon’s employment was terminable at will. 757 S.W.2d 816 (1988).

In a 5-to-4 decision, the Texas

Byron White, Civil Rights, Harry Blackmun, Lewis Powell, Majority, Warren Burger, William Rehnquist

INS v. Phinpathya

Byron White, Civil Rights, Harry Blackmun, Lewis Powell, Majority, Warren Burger, William Rehnquist / By

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.

Anthony Kennedy, Dissent, Federalism, William Rehnquist

James M. Beam Distilling Co. v. Georgia

Anthony Kennedy, Dissent, Federalism, William Rehnquist / By

JUSTICE O’CONNOR, with whom CHIEF JUSTICE REHNQUIST and JUSTICE KENNEDY join, dissenting.

The Court extends application of the new rule announced in Bacchus Imports, Ltd. v. Dias, 468 U. S. 263 (1984), retroactively to all parties, without consideration of the analysis described in Chevron Oil Co. v. Huson, 404 U. S. 97 (1971). JUSTICE SOUTER bases this determination on “principles of equality and stare decisis. ” Ante at 501 U. S. 540. To my mind, both of these factors lead to precisely the opposite result.

JUSTICE BLACKMUN and JUSTICE SCALIA concur in the judgment of the Court, but would abrogate completely the Chevron Oil inquiry and hold that all decisions must be applied retroactively in all cases. I explained last Term that such a rule ignores well-settled precedent in which this Court has refused repeatedly to apply new rules retroactively in civil cases. See American Trucking Assns. v. Smith, 496 U. S. 167, 496 U. S. 188 -200 (opinion of O’CONNOR, J.). There is no need to repeat that discussion here. I reiterate, however, that precisely because this Court has “the power to say what the law is,’ Marbury v. Madison, 1 Cranch 137, 5 U. S. 177 (1803),” ante at 501 U. S. 549 (SCALIA, J., concurring), when the Court changes its mind, the law changes with it. If the Court decides, in the context of a civil case or controversy, to change the law, it must make the subsequent determination whether the new law or the old is to apply to conduct occurring before the law-changing

Concurrence, Unions

Jacksonville Bulk Terminals v. Longshoremen

Concurrence, Unions / By

JUSTICE O’CONNOR, concurring in the judgment.

Based on the legislative history of the Norris-La Guardia Act, 29 U.S.C. § 101 et seq., and our previous cases interpreting it, e.g., New Negro Alliance v. Sanitary Grocery Co., 303 U. S. 552 (1938), the Court correctly concludes that this case involves a labor dispute within the meaning of § 4 of the Act, 29 U.S.C. § 104. The Court also correctly determines that, under Buffalo Forge Co. v. Steelworkers, 428 U. S. 397 (1976), no injunction may issue pending arbitration because the underlying political dispute is not arbitrable under the collective bargaining agreement. Unless the Court is willing to overrule Buffalo Forge, the conclusion reached by the Court in this case is inescapable. Therefore, I concur in the judgment.

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

Inter-Modal Rail Employees Assn. v. Atchison T. & S. F. R. Co

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

JUSTICE O’CONNOR delivered the opinion of the Court. Section 510 of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 895, makes it unlawful to

*Mary Ellen Signorille, Melvin Radowitz, and Ronald Dean filed a brief for the American Association of Retired Persons et al. as amici curiae urging reversal.

Robert N. Eccles, Karen M. Wahle, Jan S. Amundson, Quentin Riegel, Robert W Blanchette, and Kenneth P. Kolson filed a brief for the Employers Group et al. as amici curiae urging affirmance. “discharge, fine, suspend, expel, discipline, or discriminate against a participant or beneficiary [of an employee benefit plan] for the purpose of interfering with the attainment of any right to which such participant may become entitled under the plan.” 29 U. S. C. § 1140. The Court of Appeals for the Ninth Circuit held that § 510 only prohibits interference with the attainment of rights that are capable of “vesting,” as that term is defined in ERISA. We disagree.

I

The individual petitioners are former employees of respondent Santa Fe Terminal Services, Inc. (SFTS), a wholly owned subsidiary of respondent The Atchison, Topeka and Santa Fe Railway Co. (ATSF), which was responsible for transferring cargo between railcars and trucks at ATSF’s Hobart Yard in Los Angeles, California. While petitioners were employed by SFTS, they were entitled to retirement benefits under the Railroad Retirement Act of 1974, 88 Stat. 1312, as amended, 45 U. S. C. § 231 et seq., and to pension,

Concurrence, Judicial Power

Jerome B. Grubart Inc. v. Great Lakes Dredge & Dock Co

Concurrence, Judicial Power / By

JUSTICE O’CONNOR, concurring.

I concur in the Court’s judgment and opinion. The Court properly holds that, when a court is faced with a case involving multiple tortfeasors, some of whom may not be maritime actors, if one of the putative tortfeasors was engaged in traditional maritime activity alleged to have proximately caused the incident, then the supposedly wrongful activity “involves” traditional maritime activity. The possible involvement of other, nonmaritime parties does not affect the jurisdictional inquiry as to the maritime party. Ante, at 541. I do not, however, understand the Court’s opinion to suggest that, having found admiralty jurisdiction over a particular claim against a particular party, a court must then exercise admiralty jurisdiction over all the claims and parties involved in the case. Rather, the court should engage in the usual supplemental jurisdiction and impleader inquiries. See 28 U. S. C. § 1367 (1988 ed., Supp. V); Fed. Rule Civ. Proc. 14; see also ante, at 531. I find nothing in the Court’s opinion to the contrary.