NCJ Number
49192
Journal
CONGRESSIONAL QUARTERLY WEEKLY REPORT Volume: 36 Issue: 29 Dated: (JULY 22, 1978) Pages: 1847-1851
Date Published
1978
Length
5 pages
Annotation
AN ANALYSIS OF U.S. SUPREME COURT DECISIONS DURING THE 1977-78 SESSION, INCLUDING DECISIONS AFFECTING STATE POWERS, OFFICIAL IMMUNITY, AND POLICE SEARCHES IS PRESENTED.
Abstract
QUESTIONS OF GOVERNMENT POWER AND OFFICIAL ACCOUNTABILITY DOMINATED THE ISSUES DECIDED BY THE COURT IN 1977-78. THE COURT'S ACTIONS WERE NOT GUIDED BY ANY DOMINANT PHILOSOPHICAL MAJORITY. AS A WHOLE, THE COURT'S DECISIONS REFLECTED A CENTRIST STANCE WITH SHIFTING ALLIANCES AMONG THE JUSTICES. THE MANY DIVIDED VOTES INDICATE THAT THIS MIDDLE-OF-THE-ROAD POSITION WAS THE RESULT OF COINCIDENCE AND COMPROMISE RATHER THAN CHOICE. ALTHOUGH PUBLIC ATTENTION FOCUSED ON A SINGLE CASE -- THE REVERSE DISCRIMINATION CASE OF ALLAN BAKKE -- THE COURT'S DECISIONS AFFECTED MANY POWERS AND RIGHTS OF STATES, INCLUDING THE IMMUNITY OF GOVERNMENT OFFICIALS, GOVERNMENT REGULATION, AND SEARCH-AND-SEIZURE QUESTIONS. COURT DECISIONS THAT FOUND FAVOR WITH LIBERALS AND THOSE THAT REFLECTED A CONSERVATIVE VIEW ARE NOTED, AND THE CONSERVATIVE, LIBERAL, OR SHIFTING STANCES OF INDIVIDUAL JUSTICES ARE POINTED OUT. SPECIFIC DECISIONS ARE REVIEWED RELATIVE TO STATE POWERS (MINORITY QUOTAS IN STATE SCHOOLS, STATE TAXING POWERS, STATE REGULATORY POWERS, STATE LAWS LIMITING CORPORATE SPENDING ON ISSUES TO BE RESOLVED THROUGH A REFERENDUM, COMPLAINT AND TERMINATION PROCEDURES OF MUNICIPALLY OWNED UTILITIES); OFFICIAL IMMUNITY FROM DAMAGE SUITS; GOVERNMENT REGULATION; AND POLICE SEARCH-AND-SEIZURE PRACTICES IN NEWSPAPER OFFICES. SPECIAL ATTENTION IS DRAWN TO THE COURT'S DECISIONS ON CAPITAL PUNISHMENT FROM 1972 TO 1978 AND TO 1977-78 DECISIONS BEARING ON FREEDOM OF THE PRESS. (LKM)