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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: January 2
Rochin v. California , 342 U.S. 165 (decided January 2, 1952): Defendant vomited out two capsules of (illegal) morphine at hospital after being force-fed an emetic. After police broke into his house and dragged him there. All this without a warrant. Yeah, Due Process (“shocks the conscience”) violation. Capsules should have been suppressed, conviction vacated. Kiefer-Stewart Co. v. Joseph E. Seagram & Sons , 340 U.S. 211 (decided January 2, 1951): distillers’ agreement to s
captcrisis
4 days ago1 min read
Today in Supreme Court History: January 1
Blake v. United States , 103 U.S. 227 (decided January 1, 1880): (Wikipedia has this being decided on January 1 though all Westlaw says is “October Term”.) In those days the President evidently had to appoint every army or navy officer, and an 1862 statute gave him the power to dismiss, but an 1866 statute said the officer could be removed only via court-martial. Here, an army “post-chaplain”‘s resignation was accepted by the President but the man later said he was “insane”
captcrisis
4 days ago1 min read
Today in Supreme Court History: December 31
National League of Cities v. Brennan , 419 U.S. 1321 (decided December 31, 1974): The last two days of 1974 were busy. On December 30 a three-judge panel heard arguments made by several cities and states that Fair Labor Standards Act amendments setting wage/hour standards for state and municipal employees (set to take effect on January 1) violated the Tenth Amendment. On December 31 the panel rejected those arguments. Later that day, “after the close of business”, Burger w
captcrisis
4 days ago1 min read
Today in Supreme Court History: December 30
Louisiana v. Hill , 141 S.Ct. 1232 (decided December 30, 2020): Hill was convicted of statutory rape and “SEX OFFENDER” was put on his driver’s license. He was convicted of scratching the words off. He won on his argument that this was “compelled speech” in violation of the First Amendment, both in the trial court and the Louisiana Supreme Court (341 So.3d 539). Here Alito denies Louisiana’s motion for a stay; its petition for cert was then denied, 142 S.Ct. 311 (2021).
captcrisis
4 days ago1 min read
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