SOMES

v.

UNITED STATES

Citator

Cited By

• Stenberg v. Carhart, 530 U.S. 914 (U.S. 2000)
  …tion of the statute would be improper even assuming that Casey rejected this standard sub silentio (at least so far as abortion cases are concerned) in favor of a so-called “ ‘large fraction’ ” test. See Fargo Women’s Health Organization v. Schafer, 507 U. S. 1013, 1014 (1993) (O’Connor, J., joined by Souter, J., concurring) (arguing that the “no set of circumstances” standard is incompatible with Casey). See also Janklow v. Planned Parenthood, Sioux Falls Clinic, 517 U. S. 1174, 1177-1179 (1996) (Scalia, J…
• Packwood v. Senate Select Comm. on Ethics, 510 U.S. 1319 (U.S. 1994)
  …especially heavy burden. “When a matter is pending before a court of appeals, it long has been the practice of Members of this Court to grant stay applications only ‘upon the weightiest considerations.’” Fargo Women’s Health Organization v. Schafer, 507 U. S. 1013, 1014 (1993) (O’Connor, J., concurring in denial of stay application) (quoting O’Rourke v. Levine, 80 S. Ct. 623, 624, 4 L. Ed. 2d, 615, 616 (1960) (Harlan, J., in chambers); see also Beame v. Friends of the Earth, 434 U. S. 1310, 1312 (1977) (Marsh…
• Janklow v. Planned Parenthood, 517 U.S. 1174 (U.S. 1996)
  …(noting that the provisions at issue were “substantially identical” to provisions upheld in Casey). Furthermore, it is not at all clear to me, given intervening statements by Members of this Court, see Fargo Women’s Health Organization v. Schafer, 507 U. S. 1013, 1014 (1993), that subsequent Fifth Circuit panels would follow Barnes’ application of the “no circumstance” test, providing yet another reason to deny the petition in this case.…

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