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.
Defendant convicted, sentenced, N.D. Ia.; aff'd, 470 F. 3d 767 (8th Cir. 2006); vacated and remanded, 552 U.S. 1090 (2008); aff'd, 518 F. 3d 577 (2008)
555 U.S. 5 Decided October 14, 2008. In 2002, President George W. Bush signed the Help America Vote Act (HAVA) into law. One provision of HAVA required the officials who maintain each state's voter registration database to work with the officials who maintain each state's driver's license database to help verify the accuracy of each list. The Ohio Republican Party, which believed that then-Secretary of State Jennifer Brunner was not complying with the law by not working with Ohio Department of Transportation officials, sued to force her compliance.
The District Court entered a Temporary Restraining Order (TRO) ordering Brunner to begin compliance immediately. Brunner appealed to the Sixth Circuit, which declined to vacate the TRO, thus continuing to force her compliance. Brunner once again appealed to the Supreme Court, which granted her application to vacate the TRO, and in a per curiam opinion held that while they express no opinion regarding whether Brunner was properly implementing HAVA, Congress did not give the District Court the authority to issue a TRO in this matter.
Hedgpeth v. Pulido
Full caption:
Anthony Hedgpeth, Warden, v. Michael Robert Pulido
Citations:
555 U.S. 57
Prior history:
Defendant's conviction upheld, sub. nom., People v. Pulido, 936 P.2d 1235 (Cal. 1997); petition granted, sub nom., Pulido v. Lamarque, No. 99–4933, (N.D. Cal. Mar. 24, 2005); aff'd, sub nom., Pulido v. Chrones, 487 F.3d 669 (9th Cir. 2007), cert. granted, 552 U.S. 1230 (2008)
555 U.S. 261 Decided January 21, 2009. Eighth Circuit reversed and remanded.
Kennedy noted without separate opinion that he would grant the petition for a writ of certiorari and set the case for oral argument. Thomas dissented without separate opinion. Roberts filed a dissent, joined by Alito.
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