Supreme Court Opinions

Dissent, Federalism, Harry Blackmun

Mansell v. Mansell

Dissent, Federalism, Harry Blackmun / By

JUSTICE O’CONNOR, with whom JUSTICE BLACKMUN joins, dissenting.

Today the Court holds that the federal Uniformed Services Former Spouses’ Protection Act (Former Spouses’ Protection Act or Act) denies state courts the power to order in a divorce decree the division of military retirement pay unilaterally waived by a retiree in order to receive veterans’ disability benefits. The harsh reality of this holding is that former spouses like Gaye Mansell can, without their consent, be denied a fair share of their ex-spouse’s military retirement pay simply because he elects to increase his after-tax income by converting a portion of that pay into disability benefits. On the Court’s reading of the Former Spouses’ Protection Act, Gaye Mansell will lose nearly 30 percent of the monthly retirement income she would otherwise have received as community property. I view the Court’s holding as inconsistent with both the language and the purposes of the Act, and I respectfully dissent.

The Court recognized in McCarty v. McCarty, 453 U. S. 210, 453 U. S. 235 (1981), that “the plight of an ex-spouse of a retired service member is often a serious one.” In holding that federal law precluded state courts from dividing nondisability military retired pay pursuant to state community property laws, McCarty concluded with an invitation to Congress to reexamine the issue. Congress promptly did so, and enacted the Former Spouses’ Protection Act. Today, despite overwhelming evidence that Congress intended

Dissent, Due Process

Liljeberg v. Health Svcs. Acq. Corp

Dissent, Due Process / By

JUSTICE O’CONNOR, dissenting.

For the reasons given by CHIEF JUSTICE REHNQUIST, ante at 486 U. S. 871 -873, I agree that “constructive knowledge” cannot be the basis for a violation of 28 U.S.C. § 455(a). The question then remains whether respondent is entitled to a new trial because there are other “extraordinary circumstances,” apart from the § 455(a) violation found by the Fifth Circuit, that justify “relief from the operation of the judgment.” See Fed.Rule Civ.Proc. 60(b)(6); Ackermann v. United States, 340 U. S. 193, 340 U. S. 199 (1950); Klapprott v. United States, 335 U. S. 601, 335 U. S. 613 (1949). Although the Court collects an impressive array of arguments that might support the granting of such relief, I believe the issue should be addressed in the first instance by the courts below. I would therefore remand this case with appropriate instructions.

Concurrence, First Amendment, Timeline

Lynch v. Donnelly

Concurrence, First Amendment, Timeline / By

JUSTICE O’CONNOR, concurring.

I concur in the opinion of the Court. I write separately to suggest a clarification of our Establishment Clause doctrine. The suggested approach leads to the same result in this case as that taken by the Court, and the Court’s opinion, as I read it, is consistent with my analysis.

I

The Establishment Clause prohibits government from making adherence to a religion relevant in any way to a person’s standing in the political community. Government can run afoul of that prohibition in two principal ways. One is excessive entanglement with religious institutions, which may interfere with the independence of the institutions, give the institutions access to government or governmental powers not fully shared by nonadherents of the religion, and foster the creation of political constituencies defined along religious lines. E.g., Larkin v. Grendel’s Den, Inc., 459 U. S. 116 (1982). The second and more direct infringement is government endorsement or disapproval of religion. Endorsement sends a message to nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community. Disapproval sends the opposite message. See generally Abington School District v. Schempp, 374 U. S. 203 (1963).

Our prior cases have used the three-part test articulated in Lemon v. Kurtzman, 403 U. S. 602, 403 U. S. 612 -613 (1971), as a guide to detecting these

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

Lewis v. Lewis & Clark Marine Inc

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. This case concerns a seaman’s ability to sue a vessel owner in state court for personal injuries sustained aboard a vessel. Federal courts have exclusive jurisdiction over admiralty and maritime claims, but the jurisdictional statute “sav[es] to suitors in all cases all other remedies to which they are otherwise entitled.” 28 U. s. C. § 1333(1). Another statute grants vessel owners the right to seek limited liability in federal court for claims of damage aboard their vessels. 46 U. S. C. App. § 181et seq.In this case, the District Court, after conducting proceedings to preserve the vessel owner’s right to seek limited liability, dissolved the injunction that prevented the seaman from litigating his personal injury claims in state court. The Eighth Circuit Court of Appeals reversed, concluding that the vessel owner had a right to contest liability in federal court, and that the seaman did not have a saved remedy in state court. The question presented is whether the District Court abused its discretion in dissolving the injunction.

I

Petitioner, James F. Lewis, worked as a deckhand aboard the M/V Karen Michelle, owned by respondent, Lewis & Clark Marine, Inc. Petitioner claims that on March 17, 1998, he was injured aboard the M/V Karen Michelle when he tripped over a wire and hurt his back. App. 12. In April 1998, petitioner sued respondent in the Circuit Court of Mad ison County, Illinois. Petitioner claimed negligence under

Antonin Scalia, Byron White, First Amendment, John Paul Stevens, Majority, William Rehnquist

Lyng v. Northwest Indian Cemetery

Antonin Scalia, Byron White, First Amendment, John Paul Stevens, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

This case requires us to consider whether the First Amendment’s Free Exercise Clause prohibits the Government from permitting timber harvesting in, or constructing a road through, a portion of a National Forest that has traditionally been used for religious purposes by members of three American Indian tribes in northwestern California. We conclude that it does not.

I

As part of a project to create a paved 75-mile road linking two California towns, Gasquet and Orleans, the United States Forest Service has upgraded 49 miles of previously unpaved roads on federal land. In order to complete this project (the G-O road), the Forest Service must build a 6-mile paved segment through the Chimney Rock section of the Six Rivers National Forest. That section of the forest is situated between two other portions of the road that are already complete.

In 1977, the Forest Service issued a draft environmental impact statement that discussed proposals for upgrading an existing unpaved road that runs through the Chimney Rock area. In response to comments on the draft statement, the Forest Service commissioned a study of American Indian cultural and religious sites in the area. The Hoopa Valley Indian Reservation adjoins the Six Rivers National Forest, and the Chimney Rock area has historically been used for religious purposes by Yurok, Karok, and Tolowa Indians. The commissioned study, which was completed in 1979, found that the entire area

Anthony Kennedy, Antonin Scalia, Clarence Thomas, David Souter, Economic Activity, Majority, Ruth Bader Ginsburg, William Rehnquist

Lane v. Peña

Anthony Kennedy, Antonin Scalia, Clarence Thomas, David Souter, Economic Activity, Majority, Ruth Bader Ginsburg, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. Section 504(a) of the Rehabilitation Act of 1973, 87 Stat. 355, 29 U. S. C. § 791et seq.(Act or Rehabilitation Act), prohibits, among other things, discrimination on the basis of disability “under any program or activity conducted by any Executive agency.” 29 U. S. C. § 794(a) (1988 ed., Supp. V). The question presented in this case is whether Congress has waived the Federal Government’s sovereign immunity against awards of monetary damages for violations of this provision.

I

The United States Merchant Marine Academy is a federal service academy that trains students to serve as commercial merchant marine officers and as commissioned officers in the United States Armed Forces. The Academy is administered by the Maritime Administration, an organization within the Department of Transportation. Petitioner James Griffin Lane entered the Academy as a first-year student in July 1991 after meeting the Academy’s requirements for appointment, including passing a physical examination conducted by the Department of Defense. During his first year at the Academy, however, Lane was diagnosed by a private physician as having diabetes mellitus. Lane reported the diagnosis to the Academy’s Chief Medical Officer. The Academy’s Physical Examination Review Board conducted a hearing in September 1992 to determine Lane’s “medical suitability” to continue at the Academy, following which the Board reported to the Superintendent of the Academy that

Concurrence, Criminal Procedure, William Rehnquist

Lanier v. South Carolina

Concurrence, Criminal Procedure, William Rehnquist / By

JUSTICE O’CONNOR, with whom JUSTICE REHNQUIST joins, concurring in the judgment.

I concur in the judgment of the Court vacating the judgment and remanding this case to the South Carolina Court of Appeals. For the reasons stated in my opinion in Taylor v. Alabama, 457 U. S. 687, 457 U. S. 694 (1982) (O’CONNOR, J., dissenting), I believe the court on remand can consider the timing, frequency, and likely effect of whatever Miranda warnings were given to petitioner as factors relevant to the question whether, if petitioner was illegally arrested, his subsequent confession was tainted by the illegal arrest.

JUSTICE MARSHALL dissents from this summary disposition, which has been ordered without affording the parties prior notice or an opportunity to file briefs on the merits. See Maggio v. Fulford, 462 U. S. 111, 462 U. S. 120 -121 (1983) (MARSHALL, J., dissenting); Wyrick v. Fields, 459 U. S. 42, 459 U. S. 51 -52 (1982) (MARSHALL, J., dissenting).Disclaimer:Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.Receive free daily summaries of US Supreme Court opinions. Email *First Party Lanier Second Party

Dissent, First Amendment

Lebron v. National Railroad Passenger Corporation

Dissent, First Amendment / By

JUSTICE O’CONNOR, dissenting.

The Court holds that Amtrak is a Government entity and therefore all of its actions are subject to constitutional challenge. Lebron, however, expressly disavowed this argument below, and consideration of this broad and unexpected question is precluded because it was not presented in the petition for certiorari. The question on which we granted certiorari is narrower: Whether the alleged suppression of Lebron’s speech by Amtrak, as a concededly private entity, should be imputed to the Government. Because Amtrak’s decision to reject Lebron’s billboard proposal was a matter of private business judgment and not of Government coercion, I would affirm the judgment below.

I

This Court’s Rule 14.1(a) provides: “Only the questions set forth in the petition, or fairly included therein, will be considered by the Court.” While “[t]he statement of any question

to common stock. This subsection was originally enacted in 1970, and has not since been amended. It is irreconcilable with the revised provision for a nine-member board, § 543(a)(1). presented will be deemed to comprise every subsidiary question,” ibid., questions that are merely “related” or “complementary” to the question presented are not “fairly included therein.” Yee v. Escondido, 503 U. S. 519, 537-538 (1992) (emphasis deleted). In Yee, we held that a regulatory taking argument, while subsidiary to the umbrella question whether a taking had occurred, was only complementary to the physical taking

Byron White, Due Process, Harry Blackmun, John Paul Stevens, Lewis Powell, Majority, Warren Burger, William Brennan, William Rehnquist

Landon v. Plasencia

Byron White, Due Process, Harry Blackmun, John Paul Stevens, Lewis Powell, Majority, Warren Burger, William Brennan, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

Following an exclusion hearing, the Immigration and Naturalization Service (INS) denied the respondent, a permanent resident alien, admission to the United States when she attempted to return from a brief visit abroad. Reviewing the respondent’s subsequent petition for a writ of habeas corpus, the Court of Appeals vacated the decision, holding that the question whether the respondent was attempting to “enter” the United States could be litigated only in a deportation hearing, and not in an exclusion hearing. Because we conclude that the INS has statutory authority to proceed in an exclusion hearing, we reverse the judgment below. We remand to allow the Court of Appeals to consider whether the respondent, a permanent resident alien, was accorded due process at the exclusion hearing.

I

Respondent Maria Antonieta Plasencia, a citizen of El Salvador, entered the United States as a permanent resident alien in March, 1970. She established a home in Los Angeles with her husband, a United States citizen, and their minor children. On June 27, 1975, she and her husband traveled to Tijuana, Mexico. During their brief stay in Mexico, they met with several Mexican and Salvadoran nationals and made arrangements to assist their illegal entry into the United States. She agreed to transport the aliens to Los Angeles and furnished some of the aliens with alien registration receipt cards that belonged to her children. When she and her husband

Civil Rights, Partial concurrence, partial dissent

Kungys v. United States

Civil Rights, Partial concurrence, partial dissent / By

JUSTICE O’CONNOR, concurring in part and dissenting in part.

I join Parts I, II-A, and III of JUSTICE SCALIA’s opinion in this case. For the reasons given in Part II of JUSTICE WHITE’s opinion, however, I dissent from Part II-B of JUSTICE SCALIA’s opinion. In my view, when the correct standard of materiality is applied to the facts of this case, the misrepresentations made by petitioner are properly viewed as material.