UNITED STATES
v.
SCHMUCKER

U.S. | 1985-04-01
No. 83-2035
471 U.S. 1001 Supreme Court of the United States (1985) Positive Treatment
Cited by 2 cases

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  • …sexual student group was the sort of viewpoint based discrimination forbidden by Perry and was invalid under the First Amendment unless the university could support this discrimination by providing a compelling reason for its actions), cert. denied, 471 U.S. 1001, 105 S.Ct. 1860, 85 L.Ed.2d 155 (1985). Moreover, as the Supreme Court noted in Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 265-66, 97 S.Ct. 555, 564, 50 L.Ed.2d 450 (1977), the determination whether an act…
  • Smith v. Meese, 821 F.2d 1484 (11th Cir. 1987)
    …ent cannot selectively enforce a law by prosecuting only Republicans, or only Caucasians, or only Southerners who violate the law.” United States v. Schmucker, 721 F. 2d 1046, 1049 (6th Cir.1983) (citations omitted), vacated without reaching merits, 471 U.S. 1001, 105 S.Ct. 1860, 85 L.Ed.2d 155 (1985). As a substantive matter, the constitutional authority to "take care that the laws [are] faithfully executed” is textually committed to the authority of the executive branch, and the authority of the executive…

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