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WeMatter > Issues > 2003 Supreme Court opinions

The libertarianCato Institute publishes an analysis of the important decisions of the Supreme court in September. (See: "Cato Supreme Court Review: 2002-2003" ). This page is taken from the Government site so that I can add summaries of the decisions, etc. and any discussion of the decisions can be carried on on the Blog WeMatter.com if appropriate. Note: I will point to the Cato site if they do decide to open up areas for their book and the decisions that they consider important.

The liberal ACLU is often a party, either as primary or a friend of the court for these cases and has a page on the 2003 term, as well as specific cases. In the case where they have specific comments, I have added "ACLU" to the details area.


2003 TERM OPINIONS OF THE COURT

Taken July 4, 2004 from: Government site, opinions

Slip Opinions, Per Curiams (PC), and Original Case Decrees (D)

The "slip" opinion is the second version of an opinion. It is sent to the printer later in the day on which the "bench" opinion is released by the Court. Each slip opinion has the same elements as the bench opinion--majority or plurality opinion, concurrences or dissents, and a prefatory syllabus--but may contain corrections not appearing in the bench opinion. The slip opinions collected here are those issued during October Term 2003 (October 6, 2003, through October 3, 2004). These opinions are posted on this Website within hours after the bench opinions are issued and will remain posted until the opinions are published in a bound volume of the United States Reports. For further information, see Column Header Definitions and the file entitled Information About Opinions.

Caution: These electronic opinions may contain computer-generated errors or other deviations from the official printed slip opinion pamphlets. Moreover, a slip opinion is replaced within a few months by a paginated version of the case in the preliminary print, and--one year after the issuance of that print--by the final version of the case in a U. S. Reports bound volume. In case of discrepancies between the print and electronic versions of a slip opinion, the print version controls. In case of discrepancies between the slip opinion and any later official version of the opinion, the later version controls.

Note: MLL, I have added my summary of some of the cases, If there is interest, I will add specific link pages, and comment areas relative to the decisions of interest.

Please mailto:mll @ WeMatter.com or put your comments in: WeMatter.blogspot.com if the page should be altered, the summaries are not correct, etc.

R- Date
Docket
See

Name (PDF file)

To convert to HTML
J. Pt.
80 06/29/04
03-339
  Sosa v. Alvarez-Machain -- sued the United States for false arrest under the Federal Tort Claims Act (FTCA) -- DENIED, but left open some FTCA cases. DS 542/2
79 06/29/04
03-218
ACLU Ashcroft v. American Civil Liberties Union -- sued to overturn Child Online Protection Act (COPA) application -- AGREED to return to lower court to find if other than validation technology would be acceptable because the statute likely violates the First Amendment K 542/2
78 06/28/04
03-1200
  Holland v. Jackson -- sought state postconviction relief, alleging, inter alia, that his trial counsel had been ineffective in failing to conduct an adequate investigation. -- AGREED, the case is remanded for further proceedings consistent with this opinion. PC 542/2
77 06/28/04
02-1183
ACLU United States v. Patane --sued to suppress the pistol, reasoning that the officers lacked probable cause to arrest him, -- HELD: The judgment is reversed, and the case is remanded. T 542/2
76 06/28/04
02-1371
  Missouri v. Seibert -- sued to suppress statements made before and after meranda warnings were given -- HELD: The judgment is affirmed. and a the second statement was considered as part of a continious illegal interrigation DS 542/2
75 06/28/04
03-6696
  Hamdi v. Rumsfeld -- alleged, among other things, that the Government holds his son in violation of the Fifth and Fourteenth Amendments. HELD: The judgment is vacated, and the case is remanded. on remand Hamdi should have a meaningful opportunity to offer evidence that he is not an enemy combatant. (Note: The court seems to have accepted the holding of this American Citizen, but requires some form for him to present evidance that he is not an illegal compatent) O 542/2
74 06/28/04
03-334
  Rasul v. Bush -- HELD: United States courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. JS 542/2
73 06/28/04
03-1027
  Rumsfeld v. Padilla -- alleged that Padilla’s military detention violates the Constitution. The Government denied this and was up-held in the lower courts -- HELD (that Padilla has not properly chalenged the Goverment's detention): 1. Because this Court answers the jurisdictional question in the negative, it does not reach the question whether the President has authority to detain Padilla militarily. R 542/2
72 06/24/04
02-1603
  Beard v. Banks T 542/2
71 06/24/04
03-475
  Cheney v. United States Dist. Court for D. C. K 542/2
70 06/24/04
03-526
  Schriro v. Summerlin AS 542/2
69 06/24/04
02-1632
  Blakely v. Washington AS 542/2
68 06/24/04
02-10038
  Tennard v. Dretke O 542/2
67 06/21/04
02-572
  Intel Corp. v. Advanced Micro Devices, Inc. G 542/1
66 06/21/04
03-221
  Pliler v. Ford T 542/1
65 06/21/04
02-1845
  Aetna Health Inc. v. Davila T 542/1
64 06/21/04
03-5554
  Hiibel v. Sixth Judicial Dist. Court of Nev., Humboldt Cty. K 542/1
63 06/14/04
03-724
  F. Hoffman-La Roche Ltd. v. Empagran S. A. B 542/1
62 06/14/04
03-95
  Pennsylvania State Police v. Suders G 542/1
61 06/14/04
02-1809
  Hibbs v. Winn G 542/1
60 06/14/04
03-167
  United States v. Dominguez Benitez DS 542/1
59 06/14/04
03-101
  Norton v. Southern Utah Wilderness Alliance AS 542/1
58 06/14/04
02-1624
  Elk Grove Unified School Dist. v. Newdow JS 542/1
57 06/07/04
02-1609
City of Littleton v. Z. J. Gifts D-4, L. L. C. B 541/2
56 06/07/04
03-358
Department of Transportation v. Public Citizen T 541/2
55 06/07/04
02-891
Central Laborers' Pension Fund v. Heinz DS 541/2
54 06/07/04
03-13
Republic of Austria v. Altmann JS 541/2
53 06/01/04
02-1684
Yarborough v. Alvarado K 541/2
52 05/24/04
03-6821
Nelson v. Campbell O 541/2
51 05/24/04
03-5165
  Thornton v. United States R 541/2
50 05/17/04
03-44
  Sabri v. United States DS 541/2
49 05/17/04
02-1689
  Grupo Dataflux v. Atlas Global Group, L. P. AS 541/2
48 05/17/04
02-1667
  Tennessee v. Lane JS 541/2
47 05/17/04
02-1016
  Till v. SCS Credit Corp. JS 541/2
46 05/17/04
02-1606
  Tennessee Student Assistance Corporation v. Hood R 541/2
45 05/03/04
03-1028
  Middleton v. McNeil PC 541/2
44 05/03/04
03-6539
  Johnson v. CaliforniaPC 541/2
43 05/03/04
02-1657
  Scarborough v. PrincipiG 541/2
42 05/03/04
02-1824
  Dretke v. HaleyO 541/2
41 05/03/04
02-1205
  Jones v. R. R. Donnelley & Sons Co.JS 541/2
40 04/28/04
02-1580
ACLU Vieth v. JubelirerAS 541/1
39 04/28/04
02-1343
  Engine Mfrs. Assn. v. South Coast Air Quality Management Dist.AS 541/1
38 04/21/04
02-857
  Household Credit Services, Inc. v. PfennigT 541/1
37 04/19/04
03-107
  United States v. Lara B 541/1
36 03/31/04
02-1593
  BedRoc Limited, LLC v. United States R 541/1
35 03/30/04
02-954
  National Archives and Records Administration v. Favish K 541/1
34 03/30/04
02-1794
  United States v. Flores-Montano R 541/1
33 03/24/04
02-1238
  Nixon v. Missouri Municipal League DS 541/1
32 03/23/04
02-1389
  United States v. Galletti T 541/1
31 03/23/04
02-626
  South Fla. Water Management Dist. v. Miccosukee Tribe O 541/1
30 03/08/04
02-1541
  Iowa v. Tovar G 541/1
29 03/08/04
02-9410
  Crawford v. Washington AS 541/1
28 03/02/04
02-964
  Baldwin v. Reese B 541/1
27 03/02/04
02-458
  Raymond B. Yates, M. D., P. C. Profit Sharing Plan v. Hendon G 541/1
26 02/25/04
02-9065
  Muhammad v. Close PC 540/2
25 02/25/04
02-1290
  Postal Service v. Flamingo Industries (USA) Ltd. K 540/2
24 02/25/04
02-1315
ACLU Locke v. Davey -- whether the Free Exercise Clause of the First Amendment requires the state to pay for ministerial training R 540/2
23 02/24/04
02-8286
  Banks v. Dretke G 540/2
22 02/24/04
02-1348
  Olympic Airways v. Husain T 540/2
21 02/24/04
02-1377
  Doe v. Chao DS 540/2
20 02/24/04
02-1080
  General Dynamics Land Systems, Inc. v. Cline DS 540/2
19 02/24/04
02-811
  Groh v. Ramirez JS 540/2
18 02/23/04
03-374
  Illinois v. Fisher PC 540/2
17 01/26/04
02-693
  Lamie v. United States Trustee K 540/2
16 01/26/04
02-6320
  Fellers v. United States O 540/2
15 01/21/04
02-658
  Alaska Dept. of Environmental Conservation v. EPA G 540/2
14 01/14/04
02-819
  Kontrick v. Ryan G 540/2
13 01/14/04
02-628
ACLU Frew v. Hawkins -- state is arguing that it did not waive its Eleventh Amendment immunity by voluntarily entering into a consent decree in this Medicaid Act case, K 540/2
12 01/13/04
02-1060
  Illinois v. Lidster B 540/2
11 01/13/04
02-682
  Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP AS 540/2
10 01/13/04
02-1196
  SEC v. Edwards O 540/2
9 12/15/03
02-6683
  Castro v. United States B 540/2
8 12/15/03
02-809
  Maryland v. Pringle R 540/2
7 12/10/03
02-1674
ACLU McConnell v. Federal Election Comm'n JS 540/1
6 12/09/03
129, Orig.
  Virginia v. Maryland R 540/1
5 12/02/03
02-749
  Raytheon Co. v. Hernandez T 540/1
4 12/02/03
02-473
  United States v. Banks DS 540/1
3 11/12/03
02-763
  Barnhart v. Thomas AS 540/1
2 11/03/03
02-1369
  Mitchell v. Esparza PC 540/1
1 10/20/03
02-1597
  Yarborough v. Gentry PC 540/1

* For Justice Scalia's Recusal Memorandum in No. 03-475, see 2003 Term Opinions Relating to Orders


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July 4, 2004