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An Alternate Opinion
Massachusetts v Environmental Protection Agency
Narrow Issue of Taxpayer Standing Highlights Wide Divisions Among the Justices
The NonPreferment Principle and the Racial Tiebreaker Cases
Watters v Wachovia Bank
Weyerhaeuser and the Search for Antitrusts Holy Grail
A Tragedy in Five Acts
October Term 2007
action activities agency fees Alito Amendment rights Antitrust apply argued argument Buckley campaign finance challenge Chief Justice Circuit claim concurring Congress congressional constitutional consumer protection costs Court of Appeals Court’s Court’s decision defendant defendant’s discounts dissenting doctrine easement economic Election Comm’n equally efficient rival Establishment Clause exclusionary conduct express advocacy Fifth Amendment Flast Frederick free speech government’s greenhouse gas Grutter Herbert Hovenkamp interest issue judicial jury Justice Scalia legislative limited litigation Lopez majority McConnell ment monopsony mortgage national banks officials opinion partial-birth abortion plaintiff predatory lending predatory pricing Professor prohibition punitive damages qualified immunity racial raising rivals reasons regulation regulatory rejected restrictions Robbins Robbins’s Ross-Simmons rule Souter statute Stevens supra note Supreme Court taxpayer standing tion tort U.S. Supreme Court unconstitutional union violation Wachovia Bank Weyerhaeuser Wisconsin Right WRTL
Page 143 - If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by work or act their faith therein.
Page 148 - But freedom to differ is not limited to things that do not matter much That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order...
Page 218 - The party who invokes the power must be able to show not only that the statute is invalid but that he has sustained or is immediately in danger of sustaining some direct injury as a result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally.
Page 218 - Treasury — partly realized from taxation and partly from other sources — is shared with millions of others; is comparatively minute and indeterminable; and the effect upon future taxation, of any payment out of the funds, so remote, fluctuating and uncertain, that no basis is afforded for an appeal to the preventive powers of a court of equity.
Page 219 - First, the taxpayer must establish a logical link between that status and the type of legislative enactment attacked. Thus, a taxpayer will be a proper party to allege the unconstitutionality only of exercises of congressional power under the taxing and spending clause of Art. I, § 8, of the Constitution.
Page 218 - We have no power per se to review and annul acts of Congress on the ground that they are unconstitutional. That question may be considered only when the justification for some direct injury suffered or threatened, presenting a justiciable issue, is made to rest upon such an act.
Page 143 - That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.
Page 15 - ... (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color or national origin.
Page 186 - clearly erroneous' when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.
Page 103 - For the distinction between discussion of issues and candidates and advocacy of election or defeat of candidates may often dissolve in practical application. Candidates, especially incumbents, are intimately tied to public issues involving legislative proposals and governmental actions. Not only do candidates campaign on the basis of their positions on various public issues, but campaigns themselves generate issues of public interest.