U. S. Supreme Court Decisions

October 2002 Term

Federalism

Pierce County v. Guillen (1/14/2003) (Federal evidentiary privilege for information collected in Hazard Elimination Program is proper exercise of Congress' commerce power)

Eldred v. Ashcroft (1/15/2003) (1998 Copyright Term Extension Act does not exceed Congress' power under the Copyright Clause)

Jinks v. Richland County (4/22/2003) (State subdivisions do not enjoy sovereign immunity under the 10th Amendment)

Franchise Tax Board of California v. Hyatt (4/23/2003) (Full Faith and Credit Clause does not require Nevada to give full faith and credit to California’s statutes providing its tax agency with immunity from suit)

Nevada Department of Human Resources v. Hibbs (5/27/2003) (Family Medical Leave Act's imposition of liability for damages on state employer for violation of FMLA falls within scope of Congress's 14th Amendment enforcement power and abrogates 11th Amendment immunity)

Hillside Dairy v. Lyons (6/9/2003) (State law that does not discriminate explicitly on basis of state citizenship or residency, but that has such an effect, may violate Art. IV Privileges and Immunities Clause)

American Insurance Association v. Garamendi (6/23/2003) (California’s Holocaust Victim Insurance Relief Act is preempted because it interferes with President's conduct of foreign policy)

Due Process

Connecticut Department of Public Safety v. Doe (3/5/2003) (Megan's Law does not violate procedural due process -- hearing on offender's dangerousness is not required)

State Farm v. Campbell (4/7/2003) (Punitive damages award of $145 million, where full compensatory damages are $1 million, is excessive and violates the Due Process Clause)

Demore v. Kim (4/29/2003) (Mandatory detention, without bail, of resident alien pending deportation because of criminal conviction does not violate due process)

Lawrence v. Texas (6/26/2003) (Prohibition of sexual conduct between persons of same sex violates substantive due process right of privacy)

Ex Post Facto Laws

Smith v. Doe (3/5/2003) (Megan's Law does not violate Ex Post Facto Clause when applied to offenders convicted before enactment of the law)

Takings of Property

Brown v. Legal Foundation of Washington (3/26/2003) (IOLTA)

Equal Protection

City of Cuyahoga Falls v. Buckeye Community Hope Foundation (3/25/2003) (City's submission of plan for low-income housing project to popular referendum does not violate equal protection -- lack of discriminatory intent)

Fitzgerald v. Racing Association of Central Iowa (4/29/2003) (State's imposition of higher tax on receipts from slot machines at racetracks than on those from slot machines on riverboats does not violate Equal Protection Clause)

Grutter v. Bollinger (6/23/2003) (University of Michigan Law School's consideration of race in student admissions does not violate Equal Protection Clause)

Gratz v. Bollinger (6/23/2003) (University of Michigan's consideration of race in undergraduate student admissions violates Equal Protection Clause)

Freedom of Speech and Press

Eldrid v. Ashcroft (1/15/2003) (1998 Copyright Term Extension Act does not violate the First Amendment)

Virginia v. Black (4/7/2003) (Cross-burning with intent to intimidate can be prohibited, but permissive inference of intent to intimidate from mere fact of cross-burning violates the freedom of speech)

Illinois ex rel. Madigan v. Telemarketing Associates (5/5/2003) (Telemarketing fraud claims not barred by freedom of speech)

Federal Elections Commission v. Beaumont (6/16/2003) (Prohibition of contributions or expenditures by non-profit advocacy corporations in connection with certain federal elections does not violate freedom of speech)

Virginia v. Hicks (6/16/2003) (Housing authority's application of trespass policy to exclude individual from low-income housing development does not violate First Amendment)

United States v. American Library Association (6/23/2003) (Childrens' Internet Protection Act, requiring public libraries receiving federal funding for providing internet access to install pornography-blocking software, does not violate freedom of speech)


This page last modified 8/21/2003.