NCJ Number
50069
Journal
CONGRESSIONAL QUARTERLY WEEKLY REPORT Volume: 36 Issue: 27 Dated: (JULY 8, 1978) Pages: 1719-1723
Date Published
1978
Length
5 pages
Annotation
U.S. SUPREME COURT DECISIONS ON OFFICIAL IMMUNITY, THE BROADCAST OF 'DIRTY WORDS,' CAPITAL PUNISHMENT, AND OTHER MATTERS ARE DISCUSSED IN TERMS OF THE COURT'S DEFIANCE OF LIBERAL OR CONSERVATIVE LABELS.
Abstract
THE DECISIONS REVIEWED ARE THOSE ANNOUNCED ON THE LAST TWO 'DECISION DAYS' (JUNE 29 AND JULY 3, 1978) OF THE COURT'S OCTOBER 1977 TERM. IN A CASE INVOLVING FORMER AGRICULTURE SECRETARY EARL BUTZ, THE COURT SHARPLY CURTAILED THE IMMUNITY ENJOYED BY TOP-LEVEL FEDERAL OFFICALS FROM LAWSUITS RESULTING FROM INJURIES THEY CAUSE IN THE COURSE OF THEIR OFFICIAL DUTIES. IN ANOTHER DECISION, THE COURT BACKED THE POWER OF THE FEDERAL COMMUNICATIONS COMMISSION TO ORDER THAT CERTAIN 'DIRTY WORDS' NOT BE BROADCAST OVER THE RADIO DURING HOURS WHEN CHILDREN ARE LIKELY TO BE LISTENING. THE COURT ALSO STRUCK DOWN OHIO'S DEATH PENALTY LAW BECAUSE IT LIMITED TOO STRICTLY THE FACTORS WHICH A JUDGE MIGHT CONSIDER IN DECIDING WHETHER TO IMPOSE A DEATH SENTENCE ON A PARTICULAR DEFENDANT. IN OTHER DECISIONS, THE COURT SET COURT GUIDELINES FOR THE RESOLUTION OF JOB DISCRIMINATION CHARGES UNDER THE 1964 CIVIL RIGHTS ACT, REEMPHASIZED THE STATES' PRIMARY AUTHORITY OVER THE WATERS WITHIN THEIR BOUNDARIES, AND HELD THAT MINNESOTA HAD VIOLATED THE CONSTITUTIONAL BAN ON STATE IMPAIRMENT OF THE OBLIGATIONS OF CONTRACTS WHEN IT ENACTED A PENSION BENEFITS PROTECTION LAW THAT INCREASED THE PENSION LIABILITY OF SOME COMPANIES BEYOND THOSE THEY HAD VOLUNTARILY UNDERTAKEN IN PENSION AGREEMENTS WITH THEIR EMPLOYEES. THE COURT ALSO DECIDED TWO ANTITRUST MATTERS, BOTH EXPANDING THE EXPOSURE OF BUSINESS TO ANTITRUST CHARGES, AND RULED IN FAVOR OF SEVERAL DOCTORS WHO SUED PROTESTING COERCIVE TACTICS BY FOUR INSURANCE COMPANIES THAT WERE ATTEMPTING TO FORCE THEM TO ACCEPT CERTAIN CHANGES IN MALPRACTICE INSURANCE COVERAGE. (LKM)