Volume 426 — United States Reports

This is a list of all the United States Supreme Court cases from volume 426 of the United States Reports:

Simon v. Eastern Kentucky Welfare Rights Organization, 426 U.S. 26 (1976), was a United States Supreme Court case decided in 1976. In a majority opinion authored by Justice Lewis F. Powell, Jr., the Court held that the Eastern Kentucky Welfare Rights Organization and other respondents did not have Article III standing to challenge a specific revenue ruling issued by the Internal Revenue Service (IRS). The revenue ruling had extended favorable treatment to hospitals that limited the availability of non-emergency treatment to indigent patients.

Title 42 U.S.C. § 1395O (2) qualifies for enrollment in the Medicare supplemental medical insurance program residents of the United States who are 65 or older, but in subsection (B) denies eligibility to aliens unless they have been admitted for permanent residence and also have resided in the United States for at least five years.

The Civil Service Commission (CSC) regulation barring noncitizens, including lawfully admitted resident aliens, from employment in the federal competitive civil service Held unconstitutional as depriving such resident aliens of liberty without due process of law in violation of the Fifth Amendment. Pp. 99-117.

who own a nearby ranch, began pumping groundwater coming from the same source as the water in Devil's Hole, thereby reducing the water level in Devil's Hole and endangering its fish. Held: As of 1952 when the United States reserved Devil's Hole, it acquired by reservation water rights in unappropriated appurtenant water sufficient to maintain the level of the underground pool to preserve its scientific value and thereby implement the Presidential Proclamation. Pp. 138-147.

Venue in a suit against a national banking association charged with violating the Securities Exchange Act of 1934 Held to be governed by the venue provision of the National Bank Act, 12 U.S.C. § 94, which provides that an action against a national banking association may be had in any federal district court within the district in which such association may be established, rather than by § 27 of the Securities Exchange Act, which provides that any action to enforce any…

Although § 118 of the Clean Air Act obligates federal installations discharging air pollutants to join with nonfederal facilities in complying with state "requirements respecting control and abatement of air pollution," obtaining a permit from a State with a federally approved implementation plan is not among such requirements.

While federal installations discharging water pollutants are obliged, under § 313 of the Federal Water Pollution Control Act Amendments of 1972, to comply to the same extent as nonfederal facilities with state "requirements respecting control and abatement of pollution," obtaining a permit from a State with a federally approved permit program is not among such requirements.

Washington v. Davis, 426 U.S. 229 (1976), was a United States Supreme Court case that established that laws that have a racially discriminatory effect but were not adopted to advance a racially discriminatory purpose are valid under the U.S. Constitution.

An Arkansas public utility company (hereinafter Company) that makes wholesale interstate electricity sales, as well as retail industrial sales in competition with some of its wholesale customers (including respondents, seven municipally owned electric systems and two cooperatives, operating within Arkansas) filed a wholesale rate increase with the Federal Power Commission (FPC).

Petitioner city's refusal to withhold from the paychecks of its firemen dues owing their union, which represents about 351 of the 543 uniformed members of the fire department, Held not to violate the Equal Protection Clause of the Fourteenth Amendment.

Shortly before his scheduled departure from Washington, D. C., to Connecticut, where he was to fulfill speaking engagements, petitioner, who had reserved a seat on one of respondent's Hartford… Held: Petitioner's common-law tort action based on the alleged fraudulent misrepresentation by reondent air carrier should not be stayed pending reference to the CAB for a determination whether the practice is "deceptive" within the meaning of § 411 of the Act. Pp. 298-308.

The National Guard Technicians Act of 1968 provides that a National Guard technician, who is a full-time civilian employee of the Guard, must… Held: Where respondent's employment as a technician was terminated under § 709(e)(1) when he was separated from the Guard upon expiration of his enlistment, § 709(e)(3)'s requirement of "cause" has no application, and hence § 709(e)(3) cannot provide the foundation for a claim that the termination of respondent's employment and the…

Nearly two years after his conviction of a federal crime, from which he took no appeal, respondent, Pro se, filed a complaint for declaratory and injunctive relief, in which he asserted that he intended to seek vacation of his sentence pursuant to 28 U.S.C. § 2255; that he was unable to afford a transcript; that without one he could not frame his arguments for effective review; that a transcript would show that he had not been afforded effective assistance of counsel; and…

On respondent Chief of Police's recommendation, respondent City Manager terminated petitioner's employment as a policeman without a… Held: Under the District Court's tenable view of state law, which was upheld by the Court of Appeals and which will be accepted by this Court in the absence of any authoritative state-court interpretation of the ordinance involved, petitioner's discharge did not deprive him of a property interest protected by the Due Process Clause of the…

New Hampshire v. Maine, 426 U.S. 363 (1977), was an original jurisdiction case in which the Supreme Court of the United States held that the boundary between the states of New Hampshire and Maine was fixed by the 1740 decree of King George II of Great Britain. Both sides entered into a consent decree which was accepted by the special master appointed by the Court.

Bryan v. Itasca County, 426 U.S. 373 (1976), was a landmark case in which the Supreme Court of the United States held that a state did not have the right to assess a tax on the property of a Native American (Indian) living on tribal land absent a specific Congressional grant of authority to do so.

In the course of discovery pursuant to Fed.Rule Civ.Proc. 34 plaintiffs sought (1) Adult Authority files consisting, Inter alia, of personnel files of all members and employees of the Adult… Held: In the circumstances of this case and particularly since less extreme alternatives for modification of the challenged discovery orders were available issuance of the writ of mandamus is inappropriate. Pp. 402-406.

Section 8(a)(3) of the National Labor Relations Act permits union- or agency-shop agreements between employers and unions, but § 14(b)… Held: It is the employees' predominant job situs rather than a generalized weighing of factors or the place of hiring that triggers operation of § 14(b), and under § 14(b) right-to-work laws cannot void agreements permitted by § 8(a) (3) when the situs at which all the employees covered by the agreement perform most of their work is…

TSC Industries, Inc. v. Northway, Inc., 426 U.S. 438 (1976), was a case in which the Supreme Court of the United States articulated the requirement of materiality in securities fraud cases.

Hortonville Joint School District No. 1 v. Hortonville Education Association, 426 U.S. 482 (1976), was a United States Supreme Court case in which the Court ruled that a public school board did not violate the due process clause of the Fourteenth Amendment of the United States Constitution when it fired teachers who went on strike after contract negotiations with the board broke down.

In April 1974, virtually all the Nation's railroads, including appellees, the Chessie System, filed with the Interstate Commerce Commission (ICC) a joint petition for a general revenue increase,… Held: The ICC may, as a condition for not suspending and subsequently investigating the lawfulness of a proposed tariff, require the railroads to devote the additional revenues for the purposes the carriers invoked in support of the increase. Pp. 509-515.

Kleppe v. New Mexico, 426 U.S. 529 (1976), was a United States Supreme Court decision that unanimously held the Wild and Free-Roaming Horses and Burros Act of 1971, passed in 1971 by the United States Congress to protect these animals from "capture, branding, harassment, or death", to be a constitutional exercise of congressional power. In February 1974, the New Mexico Livestock Board rounded up and sold 19 unbranded burros from Bureau of Land Management (BLM) land. When the BLM demanded the animals' return, the state filed suit claiming that the Wild Free-Roaming Horses and Burros Act was unconstitutional, claiming the federal government did not have the power to control animals in federal lands unless they were items in interstate commerce or causing damage to the public lands.

Section 232(b) of the Trade Expansion Act of 1962, as amended by the Trade Act of 1974, provides that if the Secretary of the Treasury finds that an "article is being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security," the President is authorized to "take such action, and for such time, as he deems necessary to adjust the imports of (the) article and its derivatives so that . . . imports (of the…

Examining Board v. Flores de Otero, 426 U.S. 572 (1976), was a case decided by the Supreme Court of the United States that invalidated a state law that excluded aliens from the practice of civil engineering. The Court invalidated the law on the basis of equal protection using a strict scrutiny standard of review.

Doyle v. Ohio, 426 U.S. 610 (1976), is a United States Supreme Court case regarding the Due Process rights of the Fourteenth Amendment to the Constitution.

Henderson v. Morgan, 426 U.S. 637 (1976), was a United States Supreme Court case in which the court held that a guilty plea is not voluntary when the criminal defendant is not aware of all elements of the charge. In this case, a defendant did not understand that pleading to second-degree murder constituted an admission that they had intended to kill the victim. Because they did not understand the requisite intent element, the guilty plea was not voluntary.

from pages 660-661 intentionally omitted] PER CURIAM. 1 The motions for leave to file bills of complaint in these cases are denied. 2 The complaints, which seek to invoke our original jurisdiction,… Held: in No. 69, and alleged, in No. 68, to be unconstitutional. The injuries to the plaintiffs' fiscs were self-inflicted, resulting from decisions by their respective state legislatures.

The Ohio Constitution reserves to the people of each municipality in the State the power of referendum with respect to all questions that… Held: The city charter amendment does not violate the due process rights of a landowner who applies for a zoning change. Pp. 672-679. (a) A referendum, which is a means for direct political participation by the people, allowing them what amounts to a veto power over legislative enactments, cannot be characterized as a delegation of power.

Serbian Orthodox Diocese v. Milivojevich, 426 U.S. 696 (1976), is a United States Supreme Court case in which the Court held that lower courts violated the First Amendment and Fourteenth Amendments by intervening in an internal church dispute. The Court held that in matters of dispute within hierarchal religious organizations, the Establishment Clause precludes intervention by civil courts in internal disputes concerning church governance. Under the Establishment Clause, decisions imposed by hierarchal religious organizations are binding in civil courts.

In 1971, a Maryland statute was enacted that authorizes the payment of state funds to any private institution of higher learning within the State that meets certain minimum criteria, and refrains from awarding "only seminarian or theological degrees." The aid is in the form of an annual fiscal year subsidy to qualifying colleges and universities, based upon the number of students, excluding those in seminarian or theological academic programs.

The Interstate Land Sales Full Disclosure Act (Disclosure Act), which is designed to prevent false and deceptive practices in the interstate sale of unimproved tracts of land by requiring developers… Held: NEPA's environmental impact statement requirement is inapplicable to this case.

Hughes v. Alexandria Scrap Corp., 426 U.S. 794 (1976), was a case argued before the Supreme Court of the United States. Maryland created a program that, 1) purchased junked cars, 2) paid a bounty for those with Maryland license plates and, 3) imposed more stringent documentation requirements on out-of-state processors, in an effort to reduce the number of abandoned cars in Maryland.

National League of Cities v. Usery, 426 U.S. 833 (1976), was a case in which the Supreme Court of the United States held that the Fair Labor Standards Act could not constitutionally be applied to state governments. The decision was overruled by the U.S. Supreme Court in Garcia v. San Antonio Metropolitan Transit Authority.