Opinion · Supreme Court of the United States

Graham v. Commissioner

Graham v. Comm’r, 100 L. Ed. 2d 226 (1988)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1988-05-23
Topic
general

noting that the Secretary has the power to terminate a contract with any PRO and that “[s]uch a termination is not subject to judicial review” | policy factors of 50 U.S.C.App. Secs. 2401 and 2402 for Secretary to consider in imposing export restrictions are not elements of criminal offense under EAA | policy factors of 50 U.S.C.App. §§ 2401 and 2402 for Secretary to consider in imposing export restrictions are not elements of criminal offense under EAA | need only substantial evidence in the record to support magistrate's decision | Even if farm operators were not presently violating the Fair Labor Standards Act, migrant workers who established operators’ violations of the Act were entitled to injunction to ensure operators’ future compliance with the Act’s requirements | need only substantial evidence in the record to support magistrate’s decision | defendants could not escape liability under the AWPA by arguing that they had never explicitly authorized others to perform farm labor contracting activities on their behalf when they accepted the benefit of migrant labor brought to their farm through the efforts of other workers | consolidated with Hernandez v. Commissioner | consolidated with Hernandez v. Commissioner | appraisers who performed quasi-judicial acts

Citator

Cited by
28 opinions

C. A. 9th Cir. Certiorari granted, case consolidated with No. 87-963, Hernandez v. Commissioner of Internal Revenue [certiorari granted, 485 U. S. 1005], and a total of one hour allotted for oral argument.

Justice Brennan and Justice Kennedy took no part in the consideration or decision of this petition.