Today in Supreme Court History: November 12

Winter v. Natural Resources Defense Council, 555 U.S. 7 (decided November 12, 2008): vacating stay of antisubmarine SONAR use by Navy off California shore; strong national security interest and no showing that it actually harms marine mammals (“not a close question”) Barnhart v. Thomas, 540 U.S. 20 (decided November 12, 2003): laid-off elevator operator was properly denied Social Security Disability; though suffering from heart disease, lumbar strain, etc., was still able to physically do old job; did not meet definition of “disability” and also Chevron deference to finding of SSA appeals board

Northern Indiana Public Service Co. v. Porter Co. Chapter of Izaak Walton League of America, 423 U.S. 12 (decided November 12, 1975): reinstating Atomic Energy Commission approval of nuclear power plant because AEC's construction of regulation requiring distance from population centers was reasonable; notable as the last opinion by Douglas, on the day he retired after his record 36+ years of service (his concurrence notes that the successor agency subsequently revised the regulation to fit facts of the case; “a certain danger lurks in the ability of an agency to mold its regulations to conform to its instant needs”) Kelly v. Robinson, 479 U.S. 36 (decided November 12, 1986): court-ordered restitution obligation (monthly payments to victim after larceny conviction) is not dischargeable in bankruptcy