Opinion of the Court by THE CHIEF JUSTICE, MR. JUSTICE BLACK, MR. JUSTICE FRANKFURTER, MR. JUSTICE DOUGLAS, MR. JUSTICE BURTON, MR. JUSTICE CLARK, MR. JUSTICE HARLAN, MR. JUSTICE BRENNAN, and MR. JUSTICE WHITTAKER.
Supreme Court — 2007-SC-000006-MR.pdf TO BE PUBLISHED MCCRACKEN CIRCUIT COURT Dec. 18, 2008 STANLEY STOKES V. COMMONWEALTH OF KENTUCKY
OPINION OF THE COURT BY JUSTICE NOBLE — AFFIRMING ABRAMSON, J., CONCURS BY SEPARATE OPINION.
Not exact matches
«The battleground has shifted to the legal
courts and the
court of public
opinion,» he said, referring to lawsuits filed
by tribes and an effort planned
by the Lakota People's Law Project to rally lawmakers and others in Washington, D.C., to their cause.
In a similar email statement, DraftKings tells Fortune: «There is a process
by which hasty and uninformed
opinions can be challenged in a
court of law, which would allow DraftKings to not have to cease operations in the state
of New York.
Court of Appeals Judge Eugene Pigott issued a separate
opinion in the cases, concurring with the results but saying the state's definition
of parenthood should properly be set
by the legislature.
The
opinion, issued
by the U.S.
Court of Appeals for the Federal Circuit, strikes down a legislative provision, first enacted in 1986 and renewed numerous times since, which sets a goal that 5 percent
of federal defense contracting dollars each fiscal year must be awarded to certain entities, including small disadvantaged companies.
Once again, it's curious that Trump's former lawyer would disclose this — but it creates an opportunity for Trump's current team to push back in the
court of public
opinion, trying to either force Mueller to agree to a limited interview, or else to wage a political war
by trying to refuse.
Trump is being tried now in the
court of public
opinion, and he is likely to be tried later
by Congress during an impeachment inquiry.
Accordingly, notwithstanding receipt
by HP Co.
of the IRS private letter ruling and the tax
opinions referred to above, there can be no assurance that the IRS will not assert that the distribution and / or certain related transactions do not qualify for tax - free treatment for U.S. federal income tax purposes or that a
court would not sustain such a challenge.
In short, unless the
Court is prepared to think about this issue with greater care than was evinced
by the Ninth and Second Circuits» and there is little in its
opinions of late to suggest that it has the moral imagination to do so» the question will be not how far we slide down the slippery slope
of legally sanctioned killing, but how fast.
Julie McMahon has communicated some actual facts (you know, the type that can be backed up
by court records and such) and people have expressed their
opinion on the basis
of those facts.
That was clearly the hope
of the Supreme
Court majority that signed onto the
opinion written
by Associate Justice Harry Blackmun.
Many who hated Scalia's rulings could not help but be entertained
by his razor - sharp writing, which he used especially in his dissenting
opinions to carve up the majority's reasoning (my favorite is Planned Parenthood v. Casey, where among other things he referred to the majority's «Nietzschean vision
of us unelected, life - tenured judges — leading a Volk who will be «tested
by following»» the
Court's rulings obediently).
As a judge in the Tenth Circuit
Court of Appeals, Gorsuch wrote a concurring
opinion supporting Hobby Lobby's contraception mandate exemption — a ruling ultimately upheld
by the Supreme
Court.
The phrase has its roots in a 1919
opinion by Supreme
Court Justice Oliver Wendell Holmes, but there's a version
of it growing increasingly common today: Falsely yelling «hate» in a crowded public square.
(The God
of many men is little more than their
court of appeal against the damnatory judgment passed on their failures
by the
opinion of this world.
The issues on which he was then tried and found wanting seem to have been so universally decided against him
by the
court of American and Christian
opinion that they scarcely remain issues today.
This view is superlatively expressed
by the plurality
opinion of the three moderate justices in the Supreme
Court's 1992 Casey decision: «[I] ntimate and personal choices [are] choices central to personal dignity and autonomy.»
clearly the Gay Gestapo is working overtime... they pulled out because they do nt want to be bullied in the
court of public
opinion and abused
by the Gestapo lawyers... I personally have no respect for, sympathy for or interest in the Gay issues..
Portugal's Superior Magistrates Council, an oversight body, said it had taken note
of the «vivid criticism from broad sections
of public
opinion», but added
courts are independent and it could not intervene, even when faced with «archaic, inappropriate or unfortunate» comments
by judges.
I greatly enjoyed the analyses
of Supreme
Court opinions by lawyers Raul Yanes and Mary Ann Glendon (November 1993).
Although «secular humanism» is a term used most frequently
by Protestant Fundamentalists, it was Justice Hugo Black» in delivering the
opinion of the United States Supreme
Court in a 1961 case, Torcaso v. Watkins» who distinguished between «religions based on a belief in the existence
of God» and «religions founded on different beliefs,» such as «Buddhism, Taoism, Ethical Culture, Secular Humanism, and others.»
The
opinions collected here» some dissenting from the majority
of the
Court, others concurring in judgment but rejecting the majority's reasoning» show how Scalia applies his textualism to these issues, and how it differs from competing theories
of interpretation, most notably the «living Constitution» view favored
by many on the left and the varieties
of intentionalism favored
by many conservatives and moderates.
The stated aim
of this volume is to bring to a wider audience «some
of the most noteworthy, colorful, and entertaining
opinions ever written
by a United States Supreme
Court Justice.»
He cites the role
of the Bible in teaching literacy; Charles Finney's conversion, brought about
by his study
of Blackstone's Commentaries on the Laws; and an 1892 Supreme
Court opinion, Church
of the Holy Trinity v. U.S., which stated, «This is a Christian nation.»
Because public
opinion supporting certain kinds
of abortion is close to unanimous; it was formed before the 1973 Supreme
Court decision; and the majority that have come
of sexual age since that year now take for granted that fertility decisions are to be made only
by the individuals involved.
Noonan's
opinion was later overruled
by a majority
of his Appellate
Court peers.
In the
court of public
opinion, Alvarez would not and did not win
by stalling a fight against Golovkin.
In a 16 - page
opinion, the California 2nd District
Court of Appeal said that it was not sold on the NCAA's argument that unsealing the documents would jeopardize future investigations done
by the organization.
Evaluators also might help you reach an out
of court settlement
by sharing their informed
opinion about what custody arrangement seems best to them.
Although the phrase echoes statements made
by Lincoln, and although versions
of the sentiment have been advanced at various times in American history, the precise phrase «suicide pact» was first used
by Justice Robert H. Jackson in his dissenting
opinion in Terminiello v. Chicago, a 1949 free speech case decided
by the U.S. Supreme
Court.
the fact that the outcome positions
of the entire
court can almost always be foretold just
by looking at the subject matter
of a case says that it is a
court of private
opinion - not
of proper, dispassionate legal interpretation.
The European rejection
of the death penalty, which advocates
of abolishing the death penalty in the United States cite as evidence
of an emerging international consensus that ought to influence our Supreme
Court, is related both to the past overuse
of it
by European nations (think
of the executions for petty larceny in eighteenth - century England, the Reign
of Terror in France, and the rampant employment
of the death penalty
by Nazi Germany and the Soviet Union) and to the less democratic cast
of European politics, which makes elite
opinion more likely to override public
opinion there than in the United States [emboldening mine].
If the State concerned does not comply with the
opinion within the period laid down
by the Commission, the latter may bring the matter before the
Court of Justice
of the European Union.
He said: «I have being maligned and convicted in the
court of public
opinion by my traducers against the usual judicial process through
court trials.»
He however regretted that the Federal Government
by its actions against his person had convicted him in the
court of public
opinion even when his own side
of the story has not been heard as demanded
by the Constitution
of the Federal Republic Nigeria.
The U.S. Supreme
Court is set to issue its first major
opinion on abortion in nearly 10 years on Monday, closing out a tumultuous term marred
by the absence
of one its judges.
In the
court's majority
opinion, Kagan described the two - part analysis utilized
by the high
court when plaintiffs allege racial gerrymandering as follows: «First, the plaintiff must prove that «race was the predominant factor motivating the legislature's decision to place a significant number
of voters within or without a particular district.»
«That this House notes the ruling
of the European
Court of Human Rights in Hirst v the United Kingdom in which it held that there had been no substantive debate
by members
of the legislature on the continued justification for maintaining a general restriction on the right
of prisoners to vote; acknowledges the treaty obligations
of the UK; is
of the
opinion that legislative decisions
of this nature should be a matter for democratically - elected lawmakers; and supports the current situation in which no prisoner is able to vote except those imprisoned for contempt, default or on remand.»
«The
court notes that there was
opinion testimony offered to the effect that (1) but for being asked
by Henry Wojtasek, Synor probably would not have hired Meghan Ortt, (2) that she had a «no - show job,» and (3) that Synor was a conduit for funds to be paid to her,» the judge wrote
of the grand jury testimony he inspected.
A panel from the Second Judicial Department
of the state Supreme
Court's Appellate Division released the
opinion Thursday, upholding the challenge brought
by state Sen. Dean Skelos (R - Rockville Centre) against Paterson after the governor appointed Ravitch, a long - time government adviser, to the position last month.
At pages 22 to 23 the
Court continued: «Accordingly,
by way
of answer to issues (2) and (3) we are
of the
opinion that although the presence
of the names
of ineligible and deceased persons on the register
of voters renders same neither reasonably accurate nor credible, the register is not thereby rendered inconsistent with article 45 (a)
of the constitution.»
This has been preceded
by a flurry
of media headlines, subjecting him to an open - air political trial and a trial in the
court of NPP public
opinion supported with earlier pressure from some leading Members
of New Patriotic Party (NPP) on Government, to commence prosecution
of former NDC Government appointees including Dr. Stephen Kwabena Opuni for alleged acts
of corruption for over a year now.»
«CSEA has tried to get local officials to do what's right
by making our argument in the
court of public
opinion,» Donohue said.
Grant Shapps said «it was clear she did something wrong in the
court of public
opinion», but declined to give his own view about whether she had done anything wrong, when asked
by Andrew Neil on the Daily Politics.
The Commission, led
by retired Supreme
Court Judge, Justice Stephen Allan Brobbey, is to seek the views
of opinion leaders and other stakeholders in the Western Region on the proposed split.
Fellow Ghanaians, the conduct
of the President after the decision and order
of the Supreme
Court on 15th November 2016 in publicly casting aspersions on the
Court and the beneficiary
of the order shows clearly that as the chief looter in this case, the President is determined to prevent the examination ordered
by the
Court in the absence
of strong patriotic public pressure and
opinion.
In addition to the aforementioned pundits, Client 9, which will air tonight and be hosted
by Court TV's Vinnie Politan, will also air the
opinions of esteemed figures like John McCain, Alan Dershowitz, and «private eye Vito Colucci.»
Joiner has likely made this task more difficult
by instructing trial judges that neither Daubert nor the Federal Rules
of Evidence «requires a district
court to admit
opinion evidence which is connected to existing data only
by the ipse dixit
of the expert.
The European
Court of Justice (ECJ) today issued a legal
opinion that the controversial logging, which had been defended
by Poland's government, is illegal.