THE DECISIONS OF THE
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.
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.
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.
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.
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.
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.
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.
Resale of Imported
Copyrighted works
Quality
King Distributors v. L’anza
Does
2-1
Yes.
06-jason-nathan-resale-of-us-products.htm
Right to Die
Gonzalez
v.
Does
the Attorney General have the power to restrict
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.
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--
Is
the 4th amendment right against unreasonable search and seizure
violated when a policy officer seeking to apprehend “Mexicans” with
Majority
Opinion: 4th amendment is violated
Dissenting
Opinion: 4th amendment is not violated
Free Speech in
Advertising—Nike
NIKE, INC., Defendant -
Appellant, v. MARC KASKY, Plaintiff – Respondent
Does
Majority
Opinion: Yes,
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.
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.
Execution of Mentally
Retarded and . . .--Atkins
Atkins v.
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.
Publishing Negative
Information about a Man . . . Uranga
Fred Uranga
v.
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.
Affirmative Action at
the
Grutter
v. Bollinger
Is
the
Majority
Opinion: Yes so long as no substantially more qualified individual is denied admission
while a substantially less qualified individual is admitted.
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.