" Justice Waite's opinion for the Court carefully distinguished the right to peaceably assemble as a secondary right, while the right to petition was labeled to be a primary right.

Waite's Chief Justice nomination

Whether or not Chief Justice Waite's remark constitutes binding precedent is arguable, but subsequent rulings treat it as such.

Many years ago, Mrs. Grey, author of The Gambler's Wife and other novels, was on a visit at Ombersley Court, when Lady Sandys chanced to remark that she wished she could get some very good curry powder, which elicited from Mrs. Grey that she had in her desk an excellent recipe, which her uncle, Sir Charles, Chief Justice of India, had brought thence, and given her.

Justice of the Constitutional Court of the Russian Federation Yury Danilov, reviewing the book in a Moscow English-language daily, made the following remark on Souter's position in Bush v. Gore case: " In a most critical and delicate situation, David Souter had maintained the independence of his position and in this respect had become a symbol of the independence of the judiciary.

" Also, in Beauharnais v. Illinois, a 1952 U. S. Supreme Court decision involving a charge proscribing group libel, Justice Hugo Black alluded to the Pyrrhic War in his dissent: " If minority groups hail this holding as their victory, they might consider the possible relevancy of this ancient remark: ' Another such victory and I am undone.

These attempts to keep the peace led Justice Frankfurter to remark that while Minton would never be remembered as a great justice, he would be remembered as a great colleague by his fellow justices.

For example, at a legal conference in Ottawa, Canada, Supreme Court Justice Antonin Scalia took offense at a Canadian judge's remark that Canada did not consider what Jack Bauer would do when setting policy.

A passing remark from Chief Justice Morrison R. Waite, recorded by the court reporter before oral argument, now forms the basis for the doctrine that juristic persons are entitled to protection under the Fourteenth Amendment.

According to EPA and U. S. Department of Justice officials, Tyson continued to illegally dump wastewater after the search warrants were executed, prompting an EPA senior trial attorney to remark that: " Having done this work for nearly 20 years, I don't recall any case where violations continued after the execution of two search warrants.

* 1987 – The U. S. Department of Justice bars the Austrian President Kurt Waldheim from entering the United States, saying he had aided in the deportation and execution of thousands of Jews and others as a German Army officer during World War II.

Bosnia and Herzegovina filed a suit against the Federal Republic of Yugoslavia ( today Serbia ) before the International Court of Justice for aggression and genocide during the Bosnian War which was dismissed and Serbia was found innocent.

On July 14, the Justice Department filed a motion " to avoid short-circuiting the repeal process established by Congress during the final stages of the implementation of the repeal.

Barry Winchell, apparently motivated by anti-gay bias, President Clinton issued an executive order modifying the Uniform Code of Military Justice to permit evidence of a hate crime to be admitted during the sentencing phase of a trial.

Due to limitations of this system found during the 1960s and 1970s — victims often simply did not report crimes to the police in the first place — the Department of Justice developed an alternate method of tallying crime, the victimization survey.

Together with undersea archaeologist Daniel Lenihan, Hackman has written three historical fiction novels: Wake of the Perdido Star ( 1999 ), a sea adventure of the 19th century, Justice for None ( 2004 ), a Depression-era tale of murder, and Escape from Andersonville ( 2008 ) about a prison escape during the Civil War.

He served as Minister of Justice of the German Empire during the early Weimar period.

The following Department of Justice actions occurred during Reno's tenure:

Michael Chertoff, then-head of the criminal division of the U. S. Department of Justice, then directed the prosecutors to offer Lindh a plea bargain, to which, Lindh would plead guilty to two charges: — supplying services to the Taliban (,,, and ) and carrying an explosive during the commission of a felony ().

A group identifying itself as the Military Council for Justice and Democracy overthrew the Taya government on 3 August 2005 during the absence of the President in Saudi Arabia.

Justice Minister Ricardo Gil Lavedra, who formed part of the 1985 tribunal judging the military crimes committed during the Dirty War would later go on record saying that " I sincerely believe that the majority of the victims of the illegal repression were guerrilla militants ".

One scholar counted thirty-one cases during this period in which courts found statutes unconstitutional, concluding: " The sheer number of these decisions not only belies the notion that the institution of judicial review was created by Chief Justice Marshall in Marbury, it also reflects widespread acceptance and application of the doctrine.

In 1989, Nauru took legal actions against Australia in the International Court of Justice over Australia's actions during its administration of Nauru.

This occurred during the investigation of the September 11, 2001, attacks when the Department of Justice took over the investigation.

In addition, the NTSB has assisted the National Aeronautics and Space Administration in its investigations of both the Challenger and the Columbia space shuttle disasters, assisted the Department of Justice during the September 11, 2001 terrorist attack investigations, and assisted the U. S. military in its investigation of the aircraft that crashed in the former Yugoslavia that took the lives of more than 30 Americans, including Commerce Secretary Ron Brown.

The concept of super-stare decisis ( or " super-precedent ") was mentioned during the interrogations of Chief Justice John Roberts and Justice Samuel Alito before the Senate Judiciary Committee.

The importance of Greenman cannot be overstated: in 1996, the Association of Trial Lawyers of America ( now known as the American Association of Justice ) celebrated its 50th anniversary by polling lawyers and law professors on the top ten developments in tort law during the past half-century, and Greenman topped the list.

As the UN grounds for the effective execution of international law ( such as International Court of Justice ) and UN represents international character for a state after World War II ( such as United Nations General Assembly and United Nations Security Council ), consequently, a majority of the aligned countries during Cold War in the Western world camp decided to terminate official diplomatic relations to ROC and recognize People's Republic of China instead.

In Youngstown Sheet & Tube Co. v. Sawyer 343 U. S. 579, 644 ( 1952 ), Justice Robert H. Jackson's concurring opinion cites the Third Amendment as providing evidence of the Framers ' intent to constrain executive power even during wartime: " hat military powers of the Commander in Chief were not to supersede representative government of internal affairs seems obvious from the Constitution and from elementary American history.

Also during Marshall's tenure, although beyond the Court's control, the impeachment and acquittal of Justice Samuel Chase in 1804-1805 helped cement the principle of judicial independence.

The Department of Justice was created during the Grant administration in an effort to centralize under the Attorney General the hiring of lawyers to represent federal agencies.

Thus during his lifetime, Shoghi Effendi prepared for the election of the Universal House of Justice, by establishing a strong administrative structure at the local and national levels.

In 1912, Harding gave the nominating speech for incumbent President William Howard Taft, who would later serve as Chief Justice of the Supreme Court during Harding's administration, at the embattled Republican National Convention in Chicago — before he completed his introduction, a fist fight ensued between the Taft supporters and the more progressive Roosevelt faction, but the speech was quite a personal success.

Nevertheless, his rule of law orientation resulted in the filing of 90 antitrust suits during his administration, compared to 54 such suits by Roosevelt's two-term Justice Department.

Justice Potter Stewart's opinion for the Robinson Court held that " infliction of cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.

In Santa Clara County v. Southern Pacific Railroad, 118 U. S. 394 ( 1886 ), the reporter noted in the headnote to the opinion that the Chief Justice began oral argument by stating, " The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations.

See generally S. Halbrook, Freedmen, the Fourteenth Amendment, and the Right to Bear Arms, 1866-1876 ( 1998 ) ( hereinafter Halbrook ); Brief for Institute for Justice as Amicus Curiae.

In a 7 to 1 decision handed down on May 18, 1896 ( Justice David Josiah Brewer did not participate because of the death of his daughter ), the Court rejected Plessy's arguments based on the Fourteenth Amendment, seeing no way in which the Louisiana statute violated it.

Justice Harlan challenged the Court's narrow interpretation of the Thirteenth and Fourteenth Amendment in his dissent.

In an opinion delivered by Justice John Marshall Harlan II, the Supreme Court decided in favor of the petitioners, holding that " Immunity from state scrutiny of petitioner's membership lists is here so related to the right of petitioner's members to pursue their lawful private interests privately and to associate freely with others in doing so as to come within the protection of the Fourteenth Amendment " and, further, that freedom to associate with organizations dedicated to the " advancement of beliefs and ideas " is an inseparable part of the Due Process Clause of the Fourteenth Amendment.

' Before argument, Mr. Chief Justice Waite said: The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations.

Chief Justice Burger, Justice Rehnquist, Justice Stewart, and Justice Stevens, while concurring in result, would have not relied on the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, but instead, Title VI of the Civil Rights Act.

Justice John Marshall Harlan II wrote a concurring opinion in which he argued that privacy is protected by the due process clause of the Fourteenth Amendment.

Justice Kennedy's majority opinion, based on the liberty interest protected in the due process clause of the Fourteenth Amendment, stated that the Texas anti-sodomy statute touched " upon the most private human conduct, sexual behavior, and in the most private of places, the home ," and attempted to " control a personal relationship that.

Santa Clara County v. Southern Pacific Railroad is sometimes cited for this finding because the court reporter's comments included a statement the Chief Justice made before oral arguments began, telling the attorneys during pre-trial that " the court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny any person within its jurisdiction the equal protection of the laws, applies to these corporations.

California formerly had Justice of the Peace courts staffed by lay judges, but began phasing them out after a landmark 1974 decision in which the Supreme Court of California unanimously held that it was a violation of federal due process ( under the Fourteenth Amendment to the U. S. Constitution ) to allow a non-lawyer to preside over a criminal trial which could result in incarceration of the defendant.

Justice Anthony Kennedy wrote the majority opinion in Lawrence, ruling that Texas ' state sodomy law was unconstitutional under the Fourteenth Amendment's due process clause ( adult consensual sexual intimacy in one's home is a vital interest in liberty and privacy protected by the Due Process Clause ).

Later, Commager came to embrace the vigorous use of judicial review by the Supreme Court under the leadership of Chief Justice Earl Warren to protect racial and religious minorities from discrimination and to safeguard individual liberties as protected by the Bill of Rights and the Fourteenth Amendment.

Chief Justice Rehnquist, writing for the majority, held that Congress lacked authority, under either the Commerce Clause or the Fourteenth Amendment, to enact this section.

Joined by Justice Stevens, Justice Breyer contended that Congress had been sensitive to concerns of federalism in enacting VAWA, and expressed doubts about the majority's pronouncements on the Fourteenth Amendment.

Justice Holmes wrote: " he Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics.

Justice Brandeis and Justice Holmes concurred in the result because of the Fourteenth Amendment questions, but there is no question that the sentiments are a distinct dissent from the views of the prevailing majority and supported the First Amendment.

Chief Justice William H. Rehnquist explained that " States historically have been sovereign " in the area of law enforcement, which in the Court's opinion required narrow interpretations of the Commerce Clause and Fourteenth Amendment.