THE DECISIONS OF THE HANSON COURT

 

SPRING 2014 DECISIONS. 1

SPRING 2012 DECISIONS. 1

FALL 2009 DECISIONS. 2

SPRING 2008 DECISIONS. 3

SPRING 2006 DECISIONS. 4

SPRING 2004 DECISIONS. 5

 

 

SPRING 2014 DECISIONS

 

Class action suit against Walmart for gender discrimination

Walmart v Dukes

 

Are women at a large company who claim discrimination based on a nationwide statistical analysis able to engage in a class action lawsuit?

2-1 No

14-margaret-peter-walmart-class-action.htm

 

University of Texas Admission Program’s Race Considerations

Fisher v University of Texas at Austin

 

Is the University of Texas’s Admission policy considering race as one of many factors constitutional?

3-0 Yes

Are policies concerning underrepresented groups subject to strict scrutiny rather than rational review?

3-0 No

14-aanand-dominic-texas-aff-action.htm

 

Chicago Ban on Handguns

Chicago v McDonald

 

Does Chicago’s ban on possession of unlicensed handguns purchased inside its city limits violate the Second Amendment?

3-1 No

14-caitlin-molly-kyle-chicago-gun-ban.htm

 

School Placement based on race and other diversity factors

Parents v Seattle

 

Does Seattle’s School District policy of assigning students based, in part, on white and non-white categories adhere to the Constitution’s equal protection requirement?

3-0 No (it must consider a wider conception of diversity)

14-marla-nate-seattle-busing.htm

 

 

Parental Responsibility for Same Sex Couple’s Sperm Donation derived child

Marotta v. State of Kansas

 

Does a same sex couple enjoy equal protection in determining their parentage of a child even when the child is born from the sperm of another individual?

3-0 Yes

Does Kansas’s law require that a licensed physician be utilized in a sperm donation child’s conception in order for a paternity exemption to be granted?

3-0 No

14-paul-marten-sperm-donor-same-sex-couple.htm

 

 

Emotional Injury from hateful speech surrounding a funeral service

Snyder v Phelps

 

May someone be sued for infliction of emotional distress for hateful speech surrounding a funeral service for a soldier?

2-1 Yes, in a limited context

14-olivia-joseph-phelps-hate-speech-funeral.htm

 

 

Section 4b of the Voting Rights Act

Shelby County v. Holder

 

Does the formula used in Section 4b to determine which jurisdictions need pre-clearance for changes in voting procedures violate the Constitution?

3-0 No

14-jessica-jonathan-voting-rights-act.htm

 

Navy Sonar Testing and its effect on ocean mammals

Winter v. Natural Resource Defense Council

 

Is the Navy required to adhere to environmental regulations in its testing of sonar in the ocean?

3-0 Yes

14-audrey-marshall-sonar-whales.htm

 

 

SPRING 2012 DECISIONS

 

Social Security benefits for posthumously conceived children

Astrue v Capato

Are posthumously conceived children due social security benefits?

2-1 No.

12-ailie-hannah-soc-sec-benefits-posthumous-children.htm

 

FCC Indecency Restrictions on television broadcasts

FCC v Fox News

May the FCC regulate indecency on television broadcasts? Are FCC indecency regulations constitutional?

3-0 No; 3-0 No.

12-zac-matt-fcc-v-fox.htm

 

Arizona Immigration Law

State of Arizona v United States of America

Does Arizona’s Immigration Law violate the Supremacy Clause?

3-0 Yes.

12-mitch-hari-arizona-immigration-law.htm

 

Indiana voter identification law for voting

William Crawford v Marion County Election Board

May Indiana require photo identification for voting?

3-0 No.

12-jack-max-voter-id-law.htm

 

Federal Election Commission restrictions on for-profit corporation advertising in elections

Federal Election Commission v Citizens United

May the government restrict for-profit corporate advertising in elections?

3-0 Yes.

12-kayvon-martha-citizens-united.htm

 

Health Care Mandate Constitutionality and Its Severability

National Federation of Independent Business v. Sebelius

Is the Affordable Health Care Act’s mandate to purchase insurance constitutional? Is the mandate severable from the rest of the legislation?

3-0 Yes and Yes.

12-thomas-joseph-health-care-mandate.htm

 

GPS Monitoring of a Person’s Car over a Period of Time

US v Jones

May the state place a GPS on a car without a warrant to monitor a suspect?

3-0 No.

12-zach-gabe-jones-gps-monitoring.htm

 

WebCam Pictures of Student in his home on School Laptop

Robbins v Lower Merion School District

Is Lower Merion School District responsible for attorney fees resulting from violating the privacy of a student in his home by taking webcam pictures of him in his home?

3-0 Yes.

12-drew-nicholas-robbins-webcam.htm

 

Guns on Oregon Universities

Oregon State Board Of Higher Education V. Oregon Firearms Educational Foundation

May Oregon State Universities ban possession of guns?

3-0 Yes.

12-paige-cindy-oregon-schools-guns.htm

 

FALL 2009 DECISIONS

 

Student Religious Speech Restricted

Corder v Lewis Palmer School District

May a school restrict a student’s religious speech in a valedictorian address?

3-0 Yes but . . .

10-emily-aviv-corder-v-lewis-palmer.htm

 

College Newspaper’s Alcohol Ads Restricted

Pitt News v Pappert

Are restrictions on alcohol ads placed only on a school’s newspaper a violation of the First Amendment?

3-0 Yes.

10-harry-kirsten-alcohol-ads.htm

 

Father’s child support for child he did not want to have

Dubay v Wells

Are the constitutional rights of the father of a child he did not want to have infringed if forced to provide for support for the child?

3-0 No.

10-laura-lewis-dad-support-child.htm

 

Fast Food Liability and Labeling for Unhealthful Foods

Pelman v McDonald’s

Is McDonald’s liable for health harms to Pelman?

3-0 No.

Is McDonald’s required to provide nutrition labeling in store in New York?

3-0 Yes.

Are Restaurants with unhealthful food required to provide nutritional labeling and warnings in store?

2-1 No.

10-johnhenry-ryan-mcdonalds-liability.htm

 

Handgun Ban

District of Columbia v Heller

May a city or state ban handguns consistent with the Second Amendment?

2-1 No.

10-kayla-melissa-gun-rights.htm

 

Bong Hits for Jesus: Punishing Student Message

Morse v Frederick

May a Principle penalize a student for expressing a potentially pro-drug message at a school-public event?

3-0 No.

10-molly-galen-bong-hits-for-jesus.htm

 

Life Imprisonment without Parole

Graham v Florida

May an individual convicted of a non-violent offense be sentenced to life imprisonment without parole?

3-0 No.

10-jake-josh-life-without-parole.htm

 

State Rights re Guns near a School

US v Lopez

May the federal government regulate guns near schools?

2-1 Yes.

10-russ-joe-state-rights.htm

 

 

SPRING 2008 DECISIONS

 

Bong Hits for Jesus: Punishing Student Message

Morse v Frederick

May a Principle penalize a student for expressing a potentially pro-drug message at a school-public event?

3-0 No.

08-sarah-nick-bong-hits-for-jesus.htm

 

Eminent Domain for Public Project using Private Development

Kelo v New London

May the government use eminent domain for a public project that uses private development?

2-1 No.

08-roman-griff-new-london-eminent-domain.htm

 

EPA Regulation of CO2—Greenhouse Gases

Massachusetts v EPA

Is CO2 an air pollutant and does the EPA have a legal obligation to regulate it?

3-0 Yes.

08-ashma-rhea-mass-epa.htm

 

Music File Sharing

Virgin et al v Thomas

Did Thomas illegally share music files?

3-0 Yes

Should she be fined stringently?

3-0 No.

08-aisha-galen-music-files.htm

 

Mandatory Flag Salutes

Barnette v West Virginia

Shall Jehovah’s Witnesses be required to do the Pledge of Allegiance in School?

3-0 No.

08-paul-mollie-w-virginia-flag.htm

 

Florida Presidential Vote Recount

Bush v Gore

Shall Florida recount votes in 4 counties in the 2000 Presidential Election?

3-0 Yes.

08-gabriela-kramer-gore-bush.htm

 

Sex Toy Sales

Texas v Reliable Consultants

May a state restrict the sale, exchange, and promotion of sex toys on the basis of their alleged obscene nature?

2-0 No.

08-katie-sex-toys-texas.htm

 

Religious Group Meeting after Hours at a School

Good News Club v Milford

Shall a religious group engaged in religious expression and activities be allowed to meet at a public school after hours?

3-0 No.

08-lauren-lauren-religious-group-in-school.htm

 

Silence as Admission in a Criminal Trial

Oregon v Clark

Is silence in response to another person’s accusation of intent to murder admissible in trial?

2-0 Yes.

08-liz-clark-oregon-silence-admission.htm

 

SPRING 2006 DECISIONS

 

Gay Marriage

Morrison v. Sadler

Is there a constitutional right to same sex marriage?

3-0 Yes.

06-kevin-nicole-gay-marriage.htm

 

Eminent Domain

Kelo v. New London

May the government take homes for the purpose of a project developed by private entities but approved by a city council for public purposes?

2-1 No.

06-austin-garrett-eminent-domain.htm

 

Military Recruiting

Rumsfeld v. FAIR

May the government cut federal funds to schools that refuse to permit military recruiting?

3-0 Yes.

06-chris-megan-military-recruiting.htm

 

Virtual Child Pornography

Ashcroft v. Free Speech Coalition

Does the CPPA restrict child pornography in a constitutional manner?

3-0 No.

06-jack-keagan-child-porn.htm

 

Resale of Imported Copyrighted works

Quality King Distributors v. L’anza

Does United States copyright law prevent the resale of items purchased outside the United States without the copyright owner’s permission?

2-1 Yes.

06-jason-nathan-resale-of-us-products.htm

 

Right to Die

Gonzalez v. Oregon

Does the Attorney General have the power to restrict Oregon’s Right to Die Legislation?

3-0 Yes but with a dissenting in part.

06-maggie-tom-right-to-die.htm

 

Detaining American Citizens without a hearing

Hamdi v. Rumsfeld

Does the indefinite detention of American Citizens during a time of war violate the Constitution?

2-1 No.

06-adam-matt-hamdi-detention.htm

 

Executing Juveniles

Simmons v. Roper

Does the execution of juveniles violate the 8th amendment of the Constitution?

2-1 No.

06-nat-booch-juvenile-executions.htm

 

Victim Impact Statements in Capital Trials

Booth v. Maryland

Does the use of victim impact statements in capital trials violate the Constitution? Further, does the death penalty violate the Constitution?

3-0 Yes and 2-1 Yes.

06-nav-booch-victim-impact-statements.htm

 

SPRING 2004 DECISIONS

 

Racial Profiling Case--Martinez

United States of America, Respondent, v. Ines Herrara Martinez, Appellant.

 

Is the 4th amendment right against unreasonable search and seizure violated when a policy officer seeking to apprehend “Mexicans” with California license plates stops a car for going slightly over a highway line and uses a drug sniffing dog without clear suspicion of drug use?

 

Majority Opinion: 4th amendment is violated

morganmartinez.htm

 

Dissenting Opinion: 4th amendment is not violated

ryanmartinez.htm

 

 

Free Speech in Advertising—Nike

NIKE, INC., Defendant - Appellant, v. MARC KASKY, Plaintiff – Respondent

 

Does California have the right to allow suits against corporations for inaccurate information in advertisements/presentation of information that defends their products and production methods?

 

Majority Opinion: Yes, California can regulate corporate speech.

dylanmattnike.htm

 

 

Child Pornography Protection Act

JOHN ASHCROFT, Defendant - Appellant, v. ACLU, Plaintiff – Respondent

 

Does the government’s attempt to restrict what appears to be child pornography violate the First Amendment?

 

Majority Opinion: Yes.

joshmattcppa.htm

 

Miranda Rights and Resulting Evidence--Patane

UNITED STATES v. PATANE

 

Is an officer required to complete the Miranda rights when the accused says he knows those rights? Is the gathering of evidence for the courtroom permitted when Miranda rights are violated?

 

Majority Opinion: Yes officers must complete the statement of Miranda rights. Evidence gathering is permitted but only when it would inevitably be discovered.

charliebrandonpatane.htm

 

Execution of Mentally Retarded and . . .--Atkins

Atkins v. Virginia

 

Is the execution of mentally retarded individuals constitutionally permitted? Is the execution of any individual constitutionally permitted?

 

Majority Opinion: Execution of the mentally retarded, indeed anyone, is no longer constitutional.

lizziedaviddpenalty.htm

 

Publishing Negative Information about a Man . . . Uranga

Fred Uranga v. Idaho Statesman

 

Is a newspaper liable for reprinting a government document naming a person as being involved in behavior that might hurt that person’s reputation even though the newspaper does not know whether the person really did engage in that behavior?

 

Majority Opinion: The newspaper is not liable.

stevescooterstatesman.htm

 

Affirmative Action at the University of Michigan

Grutter v. Bollinger

 

Is the University of Michigan’s policy of using race/ethnicity as a plus factor in admission decisions to its law school constitutional?

 

Majority Opinion: Yes so long as no substantially more qualified individual is denied admission while a substantially less qualified individual is admitted.

thaliacurtmichigan.htm

 

Eagles excluding women

Fraternal Order of Eagles, Tenino Aerie v. Grand Aerie Fraternal Order of Eagles

Is the Eagles organization a private organization and hence not required to permit women to participate?

 

Majority Opinion: Yes.

rossandyeagles.htm