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2001 term per curiam opinions of the Supreme Court of the United States
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The Supreme Court of the United States handed down nine per curiam opinions during its 2001 term, which began October 1, 2001, and concluded October 6, 2002.The descriptions of two opinions have been omitted: In Stewart v. Smith, 534 U.S. 157 (2001), the Court granted certiorari and certified a question to the Supreme Court of Arizona; see later opinion at 536 U.S. 856 (2002). In Adams v. Florida Power Corp., 535 U.S. 228 (2002), the Court dismissed the writ of certiorari as improvidently granted.
Because per curiam decisions are issued from the Court as an institution, these opinions all lack the attribution of authorship or joining votes to specific justices. All justices on the Court at the time the decision was handed down are assumed to have participated and concurred unless otherwise noted.
Court membership
Chief Justice: William Rehnquist
Associate Justices: John Paul Stevens, Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer
Adarand Constructors, Inc. v. Mineta
Adarand Constructors, Inc. v. Norman Y. Mineta, Secretary of Transportation, et al.
534 U.S. 103
October 31, 2001
November 27, 2001
The Court dismissed the writ of certiorari as improvidently granted.
Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995) (Adarand I); on remand, 965 F. Supp. 1556 (D. Colo. 1997); vacated, sub nom. Adarand Constructors, Inc. v. Slater, 169 F. 3d 1292 (10th Cir. 1999); rev'd, 528 U.S. 216 (2000); aff'd in part, 228 F. 3d 1147 (10th Cir. 2000); cert. granted, 532 U.S. 941 (2001)
official slip opinion
https://web.archive.org/web/20030211003359/http://www.supremecourtus.gov/opinions/01pdf/00-730.pdf
Sao Paulo State of Federative Republic of Brazil v. American Tobacco Co.
Sao Paulo State of the Federative Republic of Brazil v. American Tobacco Co., Inc., et al.
535 U.S. 229
April 1, 2002
Fifth Circuit reversed and remanded.
In a tobacco-products liability suit brought by a foreign state against an American cigarette manufacturer, the Fifth Circuit held that 28 455(a)28 455(a). "Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." required the disqualification of the trial court judge because his name had appeared, albeit erroneously, prior to his appointment to the bench, on a motion to file an amicus curiae brief in a similar suit against some of the same defendants. The motion was submitted by an organization of which the judge had been president, but from which he had retired six months prior to its filing. The judge accordingly refused to disqualify himself because his name appeared in error on the motion to file the amicus brief and because he took no part in preparation or approval of the brief. The Fifth Circuit, however, ruled that his explanation would not "dissipate the doubts that a reasonable person would probably have about the court’s impartiality."
The Supreme Court reversed, finding the Fifth Circuit's decision inconsistent with Liljeberg v. Health Services Acquisition Corp., 486 847 1988, which stated that §455(a) requires judicial recusal "if a reasonable person, knowing all the circumstances, would expect that the judge would have actual knowledge" of his interest or bias in the case. The Court characterized the Fifth Circuit's decision as based on what "a reasonable person would believe without knowing (or giving due weight to the fact) that the judge’s name was added mistakenly and without his knowledge to a pro forma motion to file an amicus brief in a separate controversy."
Motion for disqualification denied, Minute Entry in Civ. Action Nos. 00–0922, 98–3279 (E.D. La., May 26, 2000); rev'd, sub nom. Republic of Panama v. American Tobacco Co., 250 F. 3d 315 (5th Cir. 2001) (per curiam); rehearing en banc denied, 265 F. 3d 299 (5th Cir. 2001)
official slip opinion
https://web.archive.org/web/20040615031153/http://www.supremecourtus.gov/opinions/01pdf/01-835.pdf
Mathias v. WorldCom Technologies, Inc.
Richard L. Mathias, et al. v. Worldcom Technologies, Inc., et al.
535 U.S. 682
December 5, 2001
May 20, 2002
The Court dismissed the writ of certiorari as improvidently granted.
The Court dismissed the writ of certiorari following full briefing and oral argument, determining that the petitioners were the prevailing parties below, and sought review of findings that were not essential to the judgment and not binding upon them in future litigation. The Court stated that "[a]s a general rule, a party may not appeal from a favorable judgment simply to obtain review of findings it deems erroneous." The Court noted that it had since granted certiorari in another case that arose in the same factual context to review the same issues.
O'Connor did not participate.
official slip opinion
https://web.archive.org/web/20040731130015/http://www.supremecourtus.gov/opinions/01pdf/00-878.pdf
Justia
https://supreme.justia.com/cases/federal/us/535/682/
Horn v. Banks
Martin Horn, Commissioner, Pennsylvania Department of Corrections, et al. v. George E. Banks
536 U.S. 266
June 17, 2002
Third Circuit reversed and remanded.
Petition denied, 63 F. Supp. 2d 525 (M.D. Penn. 1999); rev'd in part, 271 F. 3d 527 (3d Cir. 2001).
official slip opinion
https://web.archive.org/web/20030315094010/http://www.supremecourtus.gov/opinions/01pdf/01-1385.pdf
Kirk v. Louisiana
Kennedy D. Kirk v. Louisiana
536 U.S. 635
June 24, 2002
Court of Appeal of Louisiana, Fourth Circuit, reversed and remanded.
Motion to suppress evidence denied; defendant convicted and sentenced; aff'd, 773 So. 2d 259 (La. Ct. App. 2000); review denied, La.
official slip opinion
https://web.archive.org/web/20050222101957/http://www.supremecourtus.gov/opinions/01pdf/01-8419.pdf
Stewart v. Smith
Terry L. Stewart, Director, Arizona Department of Corrections v. Robert Douglas Smith
536 U.S. 856
June 28, 2002
Ninth Circuit reversed and remanded.
Petition denied, D. Ariz.; rev'd, 241 F. 3d 1191 (9th Cir. 2001); cert. granted, question certified, 534 U.S. 157 (2001); reply to certified question, 46 P. 3d 1067 (Ariz. 2002)
official slip opinion
https://web.archive.org/web/20040726102851/http://www.supremecourtus.gov/opinions/01pdf/01-339.pdf
United States v. Bass
United States v. John Bass
536 U.S. 862
June 28, 2002
Sixth Circuit reversed.
Motion for discovery granted, E.D. Mich.; aff'd, 266 F. 3d 532 (6th Cir. 2001)
official slip opinion
https://web.archive.org/web/20050222093359/http://www.supremecourtus.gov/opinions/01pdf/01-1471.pdf
See also
List of United States Supreme Court cases, volume 534
List of United States Supreme Court cases, volume 535
List of United States Supreme Court cases, volume 536
Notes
References
2001 Term Opinions of the Court Supreme Court of the United States July 6, 2010 http://www.supremecourtus.gov/opinions/01slipopinion.html https://web.archive.org/web/20030211003359/http://www.supremecourtus.gov/opinions/01slipopinion.html February 11, 2003
2001 October 1, 2001 October 6, 2002
Category:United States Supreme Court per curiam opinions
Category:Lists of 2001 term United States Supreme Court opinions
*2001 per curiam