HARTIGAN, ATTORNEY GENERAL OF THE STATE OF ILLINOIS, et al. v. ZBARAZ et al.
No. 85-673.
Argued November 3, 1987
Decided December 14, 1987
Michael J. Hayes, First Assistant Attorney General of Illinois, argued the cause for appellants. With him on the briefs for appellant Hartigan were Neil F. Hartigan, Attorney General, pro se, Roma Jones Stewart, former Solicitor General, Shawn W. Denney, Solicitor General, and Rita M. Novak, Assistant Attorney General.
Colleen K. Connell argued the cause for appellees. With her on the briefs were Marc O. Beem and Harvey Grossman.
Briefs of amici curiae urging reversal were filed for the State of Nevada by Brian McKay, Attorney General, and Ellen F. Whittemore, Deputy Attorney General; for the State of Ohio et al. by Anthony J. Celebrezze, Jr., Attorney General of Ohio, David J. Kovach, Assistant Attorney General, Robert K. Corbin, Attorney General of Arizona, Linley E. Pearson, Attorney General of Indiana, Hubert H. Humphrey HI, Attorney General of Minnesota, William L. Webster, Attorney General of Missouri, and David R. Wilkinson, Attorney General of Utah; for Americans United for Life Legal Defense Fund by Dennis J. Horan, Edward R. Grant, Maura K. Quinlan, Clarke D. Forsythe, and Ann-Louise Lohr; for the Catholic League for Religious and Civil Rights by Steven Frederick McDowell; for the Family Research Council et al. by Lynn D. Wardle; and for the United States Catholic Conference by John A. Liekweg and Mark E. Chopko.
Briefs of amici curiae urging affirmance were filed for the American College of Obstetricians and Gynecologists et al. by Benjamin W. Heine-man, Jr., Carter G. Phillips, Ann E. Allen, Stephan E. Lawton, and Laurie R. Rockett; for the American Psychological Association by Donald N. Bersoff and David W. Ogden; for the American Public Health Association et al. by Patricia Hennessey and Dara Klassel; for the Judicial Consent for Minors Lawyer Referral Panel et al. by Jamie Ann Sabino; for the National Abortion Rights Action League et al. by Rhonda Copelon, Anne E. Simon, Nadine Taub, and Kathryn Kolbert; and for Pregnant Minors Desiring Confidential Abortions in Minnesota and Massachusetts et al. by Janet Benshoof, Lynn M. Paltrow, Rachael N. Pine, William Z. Pentelovitch, and John H. Henn.
Briefs of amici curiae were filed for the American Life League, Inc., by Thomas Patrick Monaghan; for American Victims of Abortion by James Bopp, Jr.; and for Concerned Women for America by Charles F. Simon and Jordan W. Lorence.
Per Curiam.
The judgment below is affirmed by an equally divided Court.
What follows is an opinion from the Supreme Court of the United States. Your task is to determine whether the decision of the court whose decision the Supreme Court reviewed was itself liberal or conservative. In the context of issues pertaining to criminal procedure, civil rights, First Amendment, due process, privacy, and attorneys, consider liberal to be pro-person accused or convicted of crime, or denied a jury trial, pro-civil liberties or civil rights claimant, especially those exercising less protected civil rights (e.g., homosexuality), pro-child or juvenile, pro-indigent pro-Indian, pro-affirmative action, pro-neutrality in establishment clause cases, pro-female in abortion, pro-underdog, anti-slavery, incorporation of foreign territories anti-government in the context of due process, except for takings clause cases where a pro-government, anti-owner vote is considered liberal except in criminal forfeiture cases or those where the taking is pro-business violation of due process by exercising jurisdiction over nonresident, pro-attorney or governmental official in non-liability cases, pro-accountability and/or anti-corruption in campaign spending pro-privacy vis-a-vis the 1st Amendment where the privacy invaded is that of mental incompetents, pro-disclosure in Freedom of Information Act issues except for employment and student records. In the context of issues pertaining to unions and economic activity, consider liberal to be pro-union except in union antitrust where liberal = pro-competition, pro-government, anti-business anti-employer, pro-competition, pro-injured person, pro-indigent, pro-small business vis-a-vis large business pro-state/anti-business in state tax cases, pro-debtor, pro-bankrupt, pro-Indian, pro-environmental protection, pro-economic underdog pro-consumer, pro-accountability in governmental corruption, pro-original grantee, purchaser, or occupant in state and territorial land claims anti-union member or employee vis-a-vis union, anti-union in union antitrust, anti-union in union or closed shop, pro-trial in arbitration. In the context of issues pertaining to judicial power, consider liberal to be pro-exercise of judicial power, pro-judicial "activism", pro-judicial review of administrative action. In the context of issues pertaining to federalism, consider liberal to be pro-federal power, pro-executive power in executive/congressional disputes, anti-state. In the context of issues pertaining to federal taxation, consider liberal to be pro-United States and conservative pro-taxpayer. In miscellaneous, consider conservative the incorporation of foreign territories and executive authority vis-a-vis congress or the states or judcial authority vis-a-vis state or federal legislative authority, and consider liberal legislative veto. The lower court's decision direction is unspecifiable if the manner in which the Supreme Court took jurisdiction is original or certification; or if the direction of the Supreme Court's decision is unspecifiable and the main issue pertains to private law or interstate relations