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   Federal Courts - U. S. Supreme Court - November 27 - December 12, 2000

  
Sinkfield v. Kelley, Nos. 00-132, 00-133, SUPREME COURT OF THE UNITED STATES, November 27, 2000, Decided
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Overview: Voters lacked standing to bring action alleging unconstitutional racial gerrymandering, as they did not allege or produce evidence that they were assigned to district as direct result of having personally been subjected to racial classification.

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City of Indianapolis v. Edmond, No. 99-1030, SUPREME COURT OF THE UNITED STATES, November 28, 2000, Decided
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Overview: Petitioner city operated vehicle checkpoints to interdict unlawful drugs. At each checkpoint location, the police stopped a predetermined number of vehicles. Pursuant to written directives, an officer advised the driver that he or she was being stopped at a drug checkpoint and asked the driver to produce a license and registration. The officer looked for signs of impairment and conducted an open-view examination of the vehicle from the outside. A narcotics-detection dog walked around the outside of each stopped vehicle. Respondents were stopped at a narcotics checkpoint and filed a class action lawsuit against petitioners, claiming that the roadblocks violated. Respondents' preliminary injunction motion was denied, but this decision was reversed on appeal. On certiorari, the court affirmed the determination that the checkpoints violatedbecause the primary purpose of the narcotics checkpoint program was to uncover evidence of ordinary criminal wrongdoing. Because the authorities pursued primarily general crime control purposes at the checkpoints, the stops could only be justified by some quantum of individualized suspicion.

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E. Associated Coal Corp. v. Mine Workers, No. 99-1038, SUPREME COURT OF THE UNITED STATES, November 28, 2000, Decided
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Overview: Arbitration award, under collective bargaining agreement, requiring reinstatement of truck driver after second failed random drug test, was upheld. Award was not contrary to explicit, well defined, dominant public policy.

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Bush v. Palm Beach County Canvassing Bd., No. 00-836, SUPREME COURT OF THE UNITED STATES, December 4, 2000, Decided
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Overview: Judgment extending statutory deadlines for return of election ballot counts was vacated. It was unclear as to extent state court saw the state constitution as limiting the legislature's authority under the U.S. Constitution.

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Bush v. Gore, No. 00-949 (00A504), SUPREME COURT OF THE UNITED STATES, December 9, 2000, Decided
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Green Tree Fin. Corporation-Alabama v. Randolph, No. 99-1235, SUPREME COURT OF THE UNITED STATES, December 11, 2000, Decided
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Overview: The lower court had concluded that the trial court's order compelling arbitration between respondent purchaser and petitioner financing companies and dismissing respondent's claims was appealable underof the Federal Arbitration Act (FAA), but that the arbitration provision was unenforceable due to potentially prohibitive costs. The court concluded that the trial court's decision ordering arbitration and dismissing respondent's claims for relief was appealable because it was a final decision underin that it plainly disposed of the entire case on the merits and left no part pending before the trial court. The court rejected the independent/embedded proceeding distinction for purposes of determining whether a decision was final within the meaning of. However, the lower court erred in determining that the arbitration was unenforceable because the record did not contain sufficient information related to respondent's costs if the matter was arbitrated. Thus, the risk that she would have been saddled with prohibitive costs in enforcing her statutory rights was too speculative to justify invalidating the arbitration agreement.

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Northwest Airlines, Inc. v. Duncan, 00-404, SUPREME COURT OF THE UNITED STATES, December 11, 2000, Decided
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Bush v. Gore, 00-949, SUPREME COURT OF THE UNITED STATES, December 12, 2000, Decided
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Bush v. Gore, No. 00-949, SUPREME COURT OF THE UNITED STATES, December 12, 2000, Decided
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Overview: The lower court had ordered a manual recount of votes cast in one county and had ordered that the votes for respondent presidential candidate identified in two other counties be included in the certified vote totals. The Court granted the writ of certiorari to determine whether the recount procedures adopted by the lower court were consistent with its obligation to avoid arbitrary and disparate treatment of the members of its electorate. In a per curiam opinion, the Court concluded that the lower court's decision violated theofbecause the lower court failed to identify and require standards for accepting or rejecting contested ballots. Moreover, the decision to include a partial total from one county gave no assurance that the recounts included in the final certification were required to be complete. Thus, the recount procedures were inconsistent with the minimum procedures necessary to protect the fundamental right of each voter in the special instance of a statewide recount under the authority of a single state judicial officer. The Court reversed the judgment of the lower court and remanded for further proceedings.

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