Supreme Court Opinions

In chambers

California v. American Stores Company

In chambers / By

Justice O’CONNOR, Circuit Justice.
Applicant, the State of California, requests a stay of the mandate of the judgment of the United States Court of Appeals for the Ninth Circuit, pending disposition of its petition for a writ of certiorari.
Applicant, through its attorney general on behalf of himself and as parens patriae, brought the underlying action as a private plaintiff to enjoin the merger of respondent Lucky Stores, Inc., the largest retail grocery chain in California, and respondent American Stores Company, operator of Alpha Beta, the fourth largest retail grocery chain in California.* Applicant contends that the merger would substantially lessen competition in the relevant markets, in violation of § 7 of the Clayton Act, 38 Stat. 731, as amended, 15 U.S.C. 18, § 1 of the Sherman Act, 26 Stat. 209, as amended, 15 U.S.C. 1, and California’s Cartwright Antitrust and Unfair Competition Acts, Cal.Bus. & Prof.Code §§ 16700-16761 and 17200-17208 (West 1987 and Supp.1989).
The District Court granted applicant’s motion for a preliminary injunction and ordered respondents to operate the two companies independently and refrain from merging or integrating their assets and businesses during the pendency of the action. 697 F.Supp. 1125 (CD Cal.1988). The court concluded:
“The overwhelming statistical evidence has demonstrated a strong probability that the proposed merger will substantially lessen competition in violation of Section 7 of the Clayton Act. This showing has not been

In chambers

Western Airlines, Inc. v. International Brotherhood of Teamsters

In chambers / By

Justice O’CONNOR, Circuit Justice.
Applicants request that I issue a stay pending the filing and disposition of a petition for certiorari to review the judgment of the United States Court of Appeals for the Ninth Circuit.
The underlying dispute in this case involves the division of responsibility for regulation of collective bargaining between airlines and their employees under the Railway Labor Act, 44 Stat. 577, as amended, 45 U.S.C. 151 et seq. The Act defines three classes of labor disputes and establishes a different dispute resolution procedure for each. “Minor” disputes involve the application or interpretation of an existing collective-bargaining agreement. Minor disputes are subject to arbitration by a System Board of Adjustment. 45 U.S.C. 184. While courts lack authority to interpret the terms of a collective-bargaining agreement, a court may compel arbitration of a minor dispute before the authorized System Board.
“Major” disputes involve the formation of collective-bargaining agreements, and the resolution of such disputes is governed by § 6 of the Act, 45 U.S.C. 156, 181.
“Representation” disputes involve defining the bargaining unit and determining the employee representative for collective bargaining. Under § 2, Ninth, of the Act, the National Mediation Board has exclusive jurisdiction over representation disputes. 45 U.S.C. 152, 181.
Applicants, Western Airlines and Delta Air Lines, entered into an agreement and plan of merger on September 9, 1986. The merger

In chambers

California v. Freeman

In chambers / By

JUSTICE O’CONNOR, Circuit Justice.
The State of California requests that, as Circuit Justice, I stay the enforcement of the judgment of the Supreme Court of California pursuant to 28 U. S. C. § 2101(f) pending the disposition of a petition for certiorari (No. 88-1054) to review that judgment. Because I think it unlikely that four Justices would vote to grant certiorari, see Hicks v. Feiock, 479 U. S. 1305, 1306 (1986) (O’CONNOR, J., in chambers), I deny the application for issuance of a stay.
In its petition for certiorari, California seeks review of the State Supreme Court’s judgment reversing the conviction of respondent Freeman for pandering under Cal. Penal Code Ann. §266i (West 1988). 46 Cal. 3d 419, 758 P. 2d 1128 (1988). Freeman is a producer and director of pornographic films who hired and paid adults to perform sexual acts before his film cameras. In 1983, Freeman was arrested and charged with five counts of pandering based on the hiring of five such performers. He was not charged with violation of any of California’s obscenity laws. Freeman was tried before a jury and convicted on all five counts of pandering; the State Court of Appeal affirmed the judgment of conviction. 198 Cal. App. 3d 292, 233 Cal. Rptr. 510 (1987).
On discretionary review, the California Supreme Court first considered the relevant statutory language of the State Penal Code. In relevant part, § 266i of the Penal Code provides that a person is guilty of felonious pandering if that person “procure[s]

Civil Rights, Per curiam, Timeline

Bush v. Gore

Civil Rights, Per curiam, Timeline / By

PER CURIAM.
I
On December 8, 2000, the Supreme Court of Florida ordered that the Circuit Court of Leon County tabulate by hand 9,000 ballots in Miami-Dade County. It also ordered the inclusion in the certified vote totals of 215 votes identified in Palm Beach County and 168 votes identified in Miami-Dade County for Vice President Albert Gore, Jr., and Senator Joseph Lieberman, Democratic candidates for President and Vice President. The State Supreme Court noted that petitioner George W. Bush asserted that the net gain for Vice President Gore in Palm Beach County was 176 votes, and directed the Circuit Court to resolve that dispute on remand. Gore v. Harris, 772 So. 2d 1243, 1248, n. 6. The court further held that relief would require manual recounts in all Florida counties where so-called “undervotes” had not been subject to manual tabulation. The court ordered all manual recounts to begin at once. Governor Bush and Richard Cheney, Republican candidates for President and Vice President, filed an emergency application for a stay of this mandate. On December 9, we granted the application, treated the application as a petition for a writ of certiorari, and granted certiorari. Post, p. 1046.

Dissent, Stephen Breyer

O’Connell v. Kirchner

Dissent, Stephen Breyer / By

ON APPLICATIONS FOR STAY
The applications for stay addressed to JUSTICE O’CONNOR and referred to the Court are denied.
JUSTICE O’CONNOR, with whom JUSTICE BREYER joins, dissenting.
Wrenching factual circumstances such as these have arrived on our doorstep twice in as many years. See DeBoer by Darrow v. DeBoer, 509 U.S. (1993). Baby Richard is nearly four years old. He has lived his entire life in the care of the Does, a couple who believed, at least initially, that he was legally their child. Otakar Kirchner, the boy’s biological father, was told for the first 57 days of the boy’s life that his son was dead. When Kirchner learned that Baby Richard had instead been put up for adoption by his biological mother, Kirchner immediately asserted his rights and sought the boy’s return. Last year, after finding Kirchner a fit parent and determining that he had adequately pursued his interest in the child, the Illinois Supreme Court invalidated the adoption, see In re Petition of Doe, 159 Ill. 2d 347, 638 N. E. 2d 181 (1994). We denied the petition for certiorari seeking review of that judgment, see 513 U.S. (1994). To date, Otakar Kirchner has never met his son.
One week ago, four hours after concluding oral argument on Kirchner’s habeas petition, the Illinois Supreme Court issued a one-line order directing the Does “to surrender forthwith custody of the child known as Baby Boy Richard” to Otakar Kirchner. In so doing, the court evidently did not apply a recent amendment to the state adoption

Concurrence, David Souter

Fargo Women’s Health Org. v. Schafer

Concurrence, David Souter / By

JUSTICE O’CONNOR, with whom JUSTICE SOUTER joins, concurring.

Applicants challenged certain provisions of the North Dakota Abortion Control Act, N. D. Cent. Code §§ 14-02.1-01 to 14-­02.1-12 (1991), in the United States District Court for the District of North Dakota. Relying on our decision in United States v. Salerno, 481 U. S. 739 (1987), the District Court granted summary judgment against applicants. The court reasoned that applicants could not mount a successful facial challenge because they were unable to show that “ ‘no set of circumstances exists under which the [challenged provisions] would be valid.’” Fargo Women’s Health Organization v. Skinner, No. A3-91-95 (Feb. 19, 1993) (quoting Salerno, supra, at 745). The court denied applicants’ motion for a stay and injunction pending appeal. See Fargo Women’s Health Organization v. Schafer, No. A3-91-95 (Mar. 9, 1993). The Court of’Appeals for the Eighth Circuit also denied a motion for stay and injunction pending appeal. It agreed with the District Court that the Salerno standard applied and concluded that this Court’s decision last Term in Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992), did not counsel a different approach.. See Fargo Women’s Health Organization v. Schafer, No. 93-1579 (Mar. 30, 1993). The appeal was expedited, and argument is scheduled for April 14, 1993.

Applicants now ask us for a stay of the District Court’s judgment and for injunction relief. When a matter is pending before a

Byron White, Criminal Procedure, David Souter, Harry Blackmun, John Paul Stevens, Majority, William Rehnquist

Riggins v. Nevada

Byron White, Criminal Procedure, David Souter, Harry Blackmun, John Paul Stevens, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. Petitioner David Riggins challenges his murder and robbery convictions on the ground that the State of Nevada unconstitutionally forced an antipsychotic drug upon him during trial. Because the Nevada courts failed to make findings sufficient to support forced administration of the drug, we reverse.

I

During the early hours of November 20, 1987, Paul Wade was found dead in his Las Vegas apartment. An autopsy revealed that Wade died from multiple stab wounds, including wounds to the head, chest, and back. David Riggins was arrested for the killing 45 hours later.

A few days after being taken into custody, Riggins told Dr. R. Edward Quass, a private psychiatrist who treated patients at the Clark County Jail, about hearing voices in his head and having trouble sleeping. Riggins informed Dr. Quass that he had been successfully treated with Mellaril in the past. Mellaril is the trade name for thioridazine, an antipsychotic drug. After this consultation, Dr. Quass prescribed Mellaril at a level of 100 milligrams per day. Because Riggins continued to complain of voices and sleep problems in the following months, Dr. Quass gradually increased the Mellaril prescription to 800 milligrams per day. Riggins also received a prescription for Dilantin, an antiepileptic drug.

In January 1988, Riggins successfully moved for a determination of his competence to stand trial. App. 6. Three

Defense Lawyers by David M. Eldridge; and for Nevada

Concurrence, First Amendment

Board of Ed. of Kiryas Joel Village School Dist. v. Grumet

Concurrence, First Amendment / By

JUSTICE O’CONNOR, concurring in part and concurring in the judgment.

I

The question at the heart of these cases is: What may the government do, consistently with the Establishment Clause, to accommodate people’s religious beliefs? The history of the Satmars in Orange County is especially instructive on this, because they have been involved in at least three accommodation problems, of which these cases are only the most recent.

The first problem related to zoning law, and arose shortly after the Satmars moved to the town of Monroe in the early 1970’s. Though the area in which they lived was zoned for single-family homes, the Satmars subdivided their houses into several apartments, apparently in part because of their traditionally close-knit extended family groups. The Satmars also used basements of some of their buildings as schools and synagogues, which according to the town was also a zoning violation. See N. Y. Times, Oct. 17, 1976, section 1, p. 53, col. 1; App. 10-14.

Fortunately for the Satmars, New York state law had a way of accommodating their concerns. New York allows virtually any group of residents to incorporate their own village, with broad powers of self-government. The Satmars followed this course, incorporating their community as the village of Kiryas Joel, and their zoning problems, at least, were solved. Ante, at 691.

The Satmars’ next need for accommodation arose in the mid-1980’s. Satmar education is pervasively religious, and is provided through entirely

Clarence Thomas, Federalism, Partial concurrence, partial dissent

American Airlines Inc. v. Wolens

Clarence Thomas, Federalism, Partial concurrence, partial dissent / By

JUSTICE O’CONNOR, with whom JUSTICE THOMAS joins as to all but Part I-B, concurring in the judgment in part and dissenting in part.

In permitting respondents’ contract action to go forward, the Court arrives at what might be a reasonable policy judgment as to when state law actions against airlines should be pre-empted if we were free to legislate it. It is not, however, consistent with our controlling precedents, and it requires some questionable assumptions about the nature of contract law. I would hold that none of respondents’ actions may proceed.

I A

The Airline Deregulation Act of 1978 (ADA) says that “no State… shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to rates, routes, or services of any air carrier.” 49 U. S. C. App. § 1305(a)(1).1 We considered the scope of that provision in Morales v. Trans World Airlines, Inc., 504 U. S. 374 (1992). We noted the similarity of § 1305’s language to the pre-emption provision in ERISA, 29 U. S. C. § 1144(a), and said that, like ERISA’s § 1144, § 1305’s words “express a broad pre-emptive purpose.” 504 U. S., at 383. We concluded that “State enforcement actions having a connection with, or reference to, airline ‘rates, routes, or services’ are pre-empted.” Id., at 384.

Applying Morales to this case, I agree with the Court that respondents’ consumer fraud and contract claims are “related to” airline “rates” and “services.” See ante, at 226. The Court says,

Concurrence, Criminal Procedure

Schlup v. Delo

Concurrence, Criminal Procedure / By

JUSTICE O’CONNOR, concurring.

I write to explain, in light of the dissenting opinions, what I understand the Court to decide and what it does not.

The Court holds that, in order to have an abusive or successive habeas claim heard on the merits, a petitioner who cannot demonstrate cause and prejudice “must show that it is more likely than not that no reasonable juror would have convicted him” in light of newly discovered evidence of innocence. Ante, at 327. This standard is higher than that required for prejudice, which requires only “a reasonable probability that, absent the errors, the factfinder would have had a reasonable doubt respecting guilt,” Strickland v. Washington, 466 U. S. 668, 695 (1984). Instead, a petitioner does not pass through the gateway erected by Murray v. Carrier, 477 U. S. 478 (1986), if the district court believes it more likely than not that there is any juror who, acting reasonably, would have found the petitioner guilty beyond a reasonable doubt. And the Court’s standard, which focuses the inquiry on the likely behavior of jurors, is substantively different from the rationality standard of Jackson v. Virginia, 443 U. S. 307 (1979). Jackson, which emphasizes the authority of the factfinder to make conclusions from the evidence, establishes a standard of review for the sufficiency of record evidence-a standard that would be ill suited as a burden of proof, see Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern