Supreme Court of the United States, 1992

Published opinions from 1992. The case name opens the case page.

1992 opinions

SCOTUSRepublic National Bank of Miami v. United States

December 14, 1992506 U.S. 80

The Court held that transferring cash representing the res in an in rem civil-forfeiture action from the district does not divest the Court of Appeals of jurisdiction. It further held that the funds remained reachable if the claimant prevailed, so the appeal was not moot and a favorable judgment would not be useless.

Justice Thomas, joined by Chief Justice Rehnquist and Justices O'Connor, Scalia, and Kennedy, held that a civil rights plaintiff awarded nominal damages is a prevailing party eligible for attorney's fees under 42 U.S.C. § 1988, but affirmed the denial of fees because Farrar's minimal success justified no fee.

SCOTUSRepublic National Bank of Miami v. United States

December 14, 1992506 U.S. 80

The Court held that the prevailing party's transfer of the res outside the district does not divest an appellate court of jurisdiction over an in rem civil forfeiture proceeding. It reversed the dismissal of the Bank's appeal and remanded. Blackmun's jurisdictional opinion was joined by all Justices except Thomas.

SCOTUSSoldal v. Cook County, Illinois

December 8, 1992506 U.S. 56

Justice White delivered the unanimous opinion holding that the alleged forcible removal of the Soldals’ trailer home constituted a seizure under the Fourth Amendment, even without an invasion of privacy or liberty.

Justice Stevens delivered the unanimous opinion holding that compliance with an IRS summons enforcement order did not moot the Church’s appeal. Although disclosure could not be undone, a court could grant meaningful partial relief by ordering the IRS to return or destroy its copies of the disputed tapes.

SCOTUSMartin v. District of Columbia Court of Appeals

November 2, 1992506 U.S. 1

The Court, per curiam, denied Martin leave to proceed in forma pauperis under Rule 39.8 and directed the Clerk not to accept further certiorari petitions from him in noncriminal matters unless he paid the docketing fee and complied with Rule 33.

SCOTUSLucas v. South Carolina Coastal Council

June 29, 1992505 U.S. 1003

The Court, in an opinion by Justice Scalia joined by Chief Justice Rehnquist and Justices White, O'Connor, and Thomas, held that a regulation eliminating all economically beneficial uses of land requires compensation unless background principles of state property and nuisance law already prohibited those uses.

SCOTUSFranklin v. Massachusetts

June 26, 1992505 U.S. 788

The Court reversed the District Court’s judgment invalidating the allocation of overseas federal employees to States for congressional apportionment. Justice O’Connor’s majority opinion held that the Secretary’s census report was not final agency action and that the President is not an agency subject to Administrative…

SCOTUSTwo Pesos, Inc. v. Taco Cabana, Inc.

June 26, 1992505 U.S. 763

The Court held that inherently distinctive trade dress may receive protection under § 43(a) of the Lanham Act without proof of secondary meaning and affirmed the Fifth Circuit. Justice White's opinion, joined by Chief Justice Rehnquist and Justices Blackmun, O'Connor, Scalia, Kennedy, and Souter, explained that the…

SCOTUSCipollone v. Liggett Group, Inc.

June 24, 1992505 U.S. 504

The Court affirmed in part, reversed in part, and remanded. Justice Stevens wrote for seven Justices in Parts I–IV, holding that the statutes' express pre-emption provisions govern their pre-emptive scope and that the 1965 Act did not pre-empt state-law damages actions.

SCOTUSCity of Burlington v. Dague

June 24, 1992505 U.S. 557

The Court, in an opinion by Justice Scalia joined by Chief Justice Rehnquist and Justices White, Kennedy, Souter, and Thomas, held that the Solid Waste Disposal Act and Clean Water Act do not permit enhancing a lodestar attorney's fee to compensate for the risk of nonpayment associated with contingent representation.

SCOTUSDoggett v. United States

June 24, 1992505 U.S. 647

Justice Souter, joined by Justices White, Blackmun, Stevens, and Kennedy, held that the prolonged delay between Doggett's indictment and arrest violated his Sixth Amendment speedy trial right.

SCOTUSSawyer v. Whitley

June 22, 1992505 U.S. 333

The Court affirmed the Fifth Circuit's refusal to reach Sawyer's successive and abusive habeas claims. Chief Justice Rehnquist, joined by Justices White, Scalia, Kennedy, Souter, and Thomas, held that actual innocence of the death penalty requires clear and convincing evidence that, absent constitutional error, no…

SCOTUSMedina v. California

June 22, 1992505 U.S. 437

The Court affirmed, holding that due process permits California to require a criminal defendant to prove incompetence to stand trial by a preponderance of the evidence and to retain a corresponding presumption of competence.

SCOTUSNew York v. United States

June 19, 1992505 U.S. 144

The Court upheld the Act's monetary and access incentives but invalidated its take-title provision because Congress may encourage, but may not compel, States to enact or administer a federal regulatory program.

SCOTUSWright v. West

June 19, 1992505 U.S. 277

The Court unanimously reversed and remanded, with no single opinion commanding five votes. Justice Thomas, joined by Chief Justice Rehnquist and Justice Scalia, concluded that the evidence satisfied Jackson v.

SCOTUSGeorgia v. McCollum

June 18, 1992505 U.S. 42

The Court, in an opinion by Justice Blackmun joined by Chief Justice Rehnquist and Justices White, Stevens, Kennedy, and Souter, held that criminal defendants may not exercise peremptory challenges on racial grounds.

SCOTUSNordlinger v. Hahn

June 18, 1992505 U.S. 1

The Court, in an opinion by Justice Blackmun joined by Chief Justice Rehnquist and Justices White, O'Connor, Scalia, Kennedy, and Souter, upheld California's acquisition-value property tax system under rational-basis review.

SCOTUSPatterson v. Shumate

June 15, 1992504 U.S. 753

Justice Blackmun, writing for a unanimous Court, held that “applicable nonbankruptcy law” in 11 U.S.C. § 541(c)(2) includes federal law and that the enforceable antialienation provision in Shumate’s ERISA-qualified pension plan permitted exclusion of his interest from his bankruptcy estate.

SCOTUSRepublic of Argentina v. Weltover, Inc.

June 12, 1992504 U.S. 607

Justice Scalia delivered the unanimous opinion holding that Argentina was subject to jurisdiction under the Foreign Sovereign Immunities Act’s commercial-activity exception. Argentina’s issuance of negotiable bonds was commercial because it acted as a private market participant, regardless of its sovereign economic…

SCOTUSLujan v. Defenders of Wildlife

June 12, 1992504 U.S. 555

The Court held that the environmental organizations lacked Article III standing to challenge the regulation restricting Endangered Species Act consultation requirements to domestic actions and the high seas.

SCOTUSBurdick v. Takushi

June 8, 1992504 U.S. 428

Justice White, joined by Chief Justice Rehnquist and Justices O'Connor, Scalia, Souter, and Thomas, held that Hawaii's prohibition on write-in voting did not violate the First and Fourteenth Amendments when considered within its constitutionally sufficient ballot-access system.

The Court, in an opinion by Justice Blackmun joined by Chief Justice Rehnquist and Justices White, Stevens, Kennedy, and Souter, held that competition in an equipment market does not as a matter of law preclude market or monopoly power in derivative parts and service aftermarkets.

SCOTUSMorales v. Trans World Airlines, Inc.

June 1, 1992504 U.S. 374

Justice Scalia, joined by Justices White, O'Connor, Kennedy, and Thomas, held that the Airline Deregulation Act preempts enforcement of the NAAG fare-advertising guidelines through state consumer-protection laws because those requirements relate to airline rates.

SCOTUSBurson v. Freeman

May 26, 1992504 U.S. 191

The Supreme Court held that Tenn. Code Ann. § 2-7-111(b), which prohibits soliciting votes and displaying or distributing campaign materials within 100 feet of a polling place entrance, does not violate the First and Fourteenth Amendments.

SCOTUSBurson v. Freeman — Kennedy, J., concurring

May 26, 1992504 U.S. 191

Justice Kennedy concurred in the judgment and explained that the compelling-interest analysis should not generally justify content-based restrictions on speech, but may help determine whether the government's asserted justification is genuinely unrelated to suppressing expression.

SCOTUSEvans v. United States

May 26, 1992504 U.S. 255

The Court affirmed Evans's conviction, holding that Hobbs Act extortion under color of official right does not require an affirmative act of inducement by the public official. The Government must show that the official obtained a payment to which he was not entitled, knowing it was made in return for official acts…

SCOTUSUnited States v. Burke

May 26, 1992504 U.S. 229

Justice Blackmun, joined by Chief Justice Rehnquist and Justices White, Stevens, and Kennedy, held that backpay received in settlement of claims under Title VII as it existed before the 1991 amendments is not excludable from gross income under § 104(a)(2).

SCOTUSBurson v. Freeman

May 26, 1992504 U.S. 191

The Court held that Tennessee's prohibition on campaign solicitation and campaign-material display or distribution within 100 feet of a polling-place entrance does not violate the First Amendment.

SCOTUSBurson v. Freeman — Scalia, J., concurring

May 26, 1992504 U.S. 191

Justice Scalia concurred in the judgment upholding Tennessee's restriction on election-day electioneering within 100 feet of polling places. He reasoned that the long American tradition of restricting speech and physical presence near polling places means those areas are not traditional public forums on election day…

SCOTUSBurson v. Freeman — Stevens, J., dissenting

May 26, 1992504 U.S. 191

Justice Stevens, joined by Justices O’Connor and Souter, dissented from the judgment upholding Tennessee’s campaign-free zone. He concluded that the statute directly and content selectively burdened core political speech, and that Tennessee had not shown the restriction necessary or narrowly tailored to protect…

SCOTUSWade v. United States

May 18, 1992504 U.S. 181

The Court unanimously held that the Government has discretion, rather than a duty, to file a substantial-assistance motion under 18 U.S.C. § 3553(e) and Sentencing Guideline § 5K1.1, but that district courts may review a refusal for unconstitutional motives.

SCOTUSWyatt v. Cole

May 18, 1992504 U.S. 158

Justice O'Connor, writing for six Justices, held that private defendants facing § 1983 liability for invoking unconstitutional state replevin, garnishment, or attachment statutes are not entitled to the qualified immunity from suit recognized in Harlow.

SCOTUSRiggins v. Nevada

May 18, 1992504 U.S. 127

The Court held that Nevada violated Riggins' rights by continuing involuntary antipsychotic medication during his criminal trial without findings establishing its necessity or considering reasonable alternatives.

SCOTUSFoucha v. Louisiana

May 18, 1992504 U.S. 71

The Court, in an opinion by Justice White, held that Louisiana violated due process by indefinitely confining Foucha in a psychiatric institution after the State conceded that he was no longer mentally ill, based on dangerousness that he bore the burden of disproving.