Word: curiam
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...vote, the court held per curiam that there were "constitutional problems" with the Florida Supreme Court's decision, and by a 5-4 vote ruled that there was nothing more the Florida court could do to fairly recount the state's ballots without disrupting the electoral process...
...vote, with justices John Paul Stevens and Ruth Bader Ginsburg dissenting, the court held per curiam that "there are constitutional problems" with the Florida Supreme Court's decision. By a 5-4 vote, the court ruled that, in effect, there was nothing more the Florida court could do to fairly recount the state's ballots without disrupting the electoral process...
...curiam decision, the Justices also remanded the case back to the state high court with an a cryptic message: "Upon due consideration of the difficulties identified to this point, it is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work." That work would require the creation of uniform standards for vote counts, the Court explained, as well as time allowing judicial review of those standards. Many observers read that as an indication that there was no way to finish a recount by the December 12 "safe harbor...
...Supreme Court really did was ask the state Supremes on what grounds - a federal question or a state question - they based their decision. And it did so in a "per curiam" decision - no dissenting opinions, no signatures, just a seven-page document "speaking for the court" - thus avoiding not only the question of federal statute and court-versus-legislature jurisdiction, but also any perception that the highest court in the country might be split along the same lines as the rest...
...mattered little that nobody really knew what Fortas thought about the films. The court judgment involving them was one of the many per curiam decisions, which do not require Justices to write their opinions. In an obscenity case, what is often at issue is not the merits or demerits of the film, but the manner in which it was seized, the legality of the prior court action, and the definition of obscenity in the individual situation. Definitions have been vague ever since the landmark Roth decision of 1957, eight years before Fortas was appointed an Associate Justice. That decision established...