Haig v. Bissonette, 86-987
Decision Date | 21 March 1988 |
Docket Number | No. 86-987,86-987 |
Citation | 485 U.S. 264,99 L.Ed.2d 288,108 S.Ct. 1253 |
Parties | Alexander HAIG, et al., petitioners, v. Gladys BISSONETTE, et al |
Court | U.S. Supreme Court |
On writ of certiorari to the United States Court of Appeals for the Eighth Circuit.
Because the Court lacks a quorum, 28 U.S.C. § 1, and since a majority of the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment of the United States Court of Appeals for the Eighth Circuit is affirmed under 28 U.S.C. § 2109, which provides that under these circumstances the Court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided Court.
Petition for Rehearing Dismissed May 16, 1988.
See 486 U.S. 1019, 108 S.Ct. 1760.
THE CHIEF JUSTICE, Justice O'CONNOR, Justice SCALIA, and Justice KENNEDY took no part in this decision.
To continue reading
Request your trial-
Rodriguez v. City of Passaic
...480 U.S. 257, 107 S.Ct. 1114, 94 L.Ed.2d 293 (1987); Bissonette v. Haig, 776 F.2d 1384, 1387 (8th Cir.), cert. denied, 485 U.S. 264, 108 S.Ct. 1253, 99 L.Ed.2d 288 (1988). 18 Although the shooting occurred before the Harlow decision supplanted the bifurcated qualified immunity standard in W......
-
Wong v. Minn. Dep't of Human Servs.
...true the factual allegations in Wong's complaint. See Bissonette v. Haig, 776 F.2d 1384, 1386 (8th Cir.1985), aff'd, 485 U.S. 264, 108 S.Ct. 1253, 99 L.Ed.2d 288 (1988).2 We note that Minnesota courts and federal courts exercising supplemental jurisdiction may have at their disposal at leas......
-
Mitchell v. City of Sapulpa, 86-2837
...may be rendered unreasonable if interests against seizure outweigh interests in favor), aff'd by lack of quorum, --- U.S. ----, 108 S.Ct. 1253, 99 L.Ed.2d 288 (1988); Jamieson v. Shaw, 772 F.2d 1205 (5th Cir.1985) (applying Garner to traffic stop made without probable cause, resulting in in......
-
United States v. Dreyer
...Doyle, supra, at 12 ; cf. Bissonette v. Haig, 800 F.2d 812, 814–15 (8th Cir.1986) (en banc), aff'd on other grounds by 485 U.S. 264, 108 S.Ct. 1253, 99 L.Ed.2d 288 (1988), abrogated on other grounds as recognized in Engleman v. Deputy Murray, 546 F.3d 944, 948 & n. 3 (8th Cir.2008) (holding......
-
The Road to Bush v. Gore:1 the History of the Supreme Court's Use of the Per Curiam Opinion
...argued to the Court. 269. See* Anderson v. Green, 513 U.S. 557 (1995). This case was argued to the Court. 270. See* Haig v. Bissonette, 485 U.S. 264 (1988). 271. See, e.g.*, Morgan Stanley and Co. v. Pacific Mut. Life Ins. Co., 511 U.S. 658 (1994); Tompkins v. Texas, 490 U.S. 754 (1989). Su......
-
Jonathan Remy Nash, the Majority That Wasn't: Stare Decisis, Majority Rule, and the Mischief of Quorum Requirements
...for review with the same effect as upon affirmance by an equally divided court. 28 U.S.C. Sec. 2109; see, e.g., Haig v. Bissonette, 485 U.S. 264 (1988) (per curiam affirmance under Sec. 2109). Interestingly, after a lull of several years in invocation of Sec. 2109, the Court invoked it thre......
-
Life, liberty, and the pursuit of terrorists: an in-depth analysis of the government's right to classify United States citizens suspected of terrorism as enemy combatants and try those enemy combatants by military commission.
...Act is intended to prevent the military from taking over civilian government and suspending constitutional liberties. Bissonette v. Haig, 485 U.S. 264, 264 (139.) See supra notes 136-138 and accompanying text. (140.) See Respondent's Reply Brief at 21, Padilla (No. 02 Civ. 4445). (141.) Id.......