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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: June 5
Coleman v. Miller, 307 U.S. 433 (decided June 5, 1939): there is no time limit on states ratifying proposed Constitutional Amendments (here, a Child Labor Amendment) unless Congress has set a deadline Henderson v. United States, 339 U.S. 816 (decided June 5, 1950): segregated dining cars in trains (different tables, with partition) violated Interstate Commerce Act (plaintiff had been told to take dinner in his cabin because “reserved for blacks” tables partly occupied by whit

captcrisis
19 hours ago3 min read
Today in Supreme Court History: June 4
Masterpiece Cakeshop v. Colorado Civil Rights Commission, 584 U.S. 617 (decided June 4, 2018): First Amendment protected cakeshop owner’s refusal on religious grounds to create a same-sex wedding cake Meyer v. Nebraska, 262 U.S. 390 (decided June 4, 1923): struck down on Due Process grounds state law prohibiting teaching of foreign languages to children before eighth grade (10-year-old child was taught German at Lutheran religious school) (most Lutherans were German speakers;

captcrisis
2 days ago2 min read
Today in Supreme Court History: June 3
Hammer v. Dagenhart, 247 U.S. 251 (decided June 3, 1918): Interstate Commerce Clause did not authorize Congress to prohibit child labor (specifically, to forbid interstate sale of goods produced by child labor) (overruled by United States v. Darby Lumber Co., 1941) Morgan v. Virginia, 328 U.S. 373 (decided June 3, 1946): (argued by Thurgood Marshall) Virginia law segregating interstate buses violated Dormant Commerce Clause; decision was routinely ignored for years Van Buren

captcrisis
2 days ago2 min read
Today in Supreme Court History: June 2
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (decided June 2, 1952): President cannot seize private property (steel mills which would cripple Korean War effort due to impending strike; steelworkers were willing to work for the war effort but mill owners sued) without Congressional authorization (Congress had refused to act) (this was just a motion for a preliminary injunction, i.e. the “shadow docket”, but Court decided entire case) Bond v. United States, 572 U.S. 844

captcrisis
3 days ago2 min read
Today in Supreme Court History: June 1
Pierce v. Society of Sisters, 268 U.S. 510 (decided June 1, 1925): striking down Oregon statute requiring all children to go to public school as infringing liberty right of parents to decide how to educate their children, and property right of Catholic school plaintiff which would lose business Near v. Minnesota, 283 U.S. 697 (decided June 1, 1931): This important case struck down on First Amendment (Fourteenth) grounds statute allowing state to enjoin newspaper publishing of

captcrisis
4 days ago3 min read
Today in Supreme Court History: May 31
Maul v. United States, 274 U.S. 501 (decided May 31, 1927): vessel without proper registration properly seized by Coast Guard 34 miles offshore because statute restricting jurisdiction to 4 leagues (about 14 miles) applied only to searches, not seizures (does this mean the Coast Guard can seize a ship off coast of Zanzibar as well as Connecticut?) United States v. Louisiana, 363 U.S. 1 (decided May 31, 1960): United States sued the Gulf states under Court’s original jurisdict

captcrisis
6 days ago3 min read
Today in Supreme Court History: May 30
BNSF Ry. Co. v. Tyrrell, 581 U.S. 402 (decided May 30, 2017): railroad could be sued in state where it was neither based nor incorporated nor where accident happened (IOW, under general “doing business” jurisdiction as allowed by state statute) despite Daimler AG v. Bauman, 2014, Jan. 14, which held that “doing business” jurisdiction violated due process; 45 U.S.C. §56 allows suit against railroads in any “doing business” state which is only a venue and not a jurisdictional p

captcrisis
7 days ago3 min read
Today in Supreme Court History: May 29
Ledbetter v. Goodyear, 550 U.S. 618 (decided May 29, 2007): Title VII lawsuit as to sexual discrimination in employment (after 18 years plaintiff found that she was getting paid less than newly hired men in the same division) must be brought according to statutory language within 180 days of every act of unequal payment (i.e., she would have to file a new claim every 180 days and no past discrimination counts) (wording of statute changed to fix this result in January 2009 by

captcrisis
May 283 min read
Today in Supreme Court History: May 28
Home Depot U.S.A. v. Jackson, 587 U.S. 435 (decided May 28, 2019): new party sued in third party class action can’t remove case to federal court because statute allowing any class action to be removed can be invoked only by original defendant Hoffman v. United States, 341 U.S. 479 (decided May 28, 1951): witness can “take the Fifth” before a grand jury even as to general questions about his background, occupation, etc. if he has a long criminal record and has been publicly as

captcrisis
May 273 min read
Today in Supreme Court History: May 27
Schechter Poultry Corp. v. United States, 295 U.S. 495 (decided May 27, 1935) (the “sick chicken case”): invalidated many provisions of the National Industrial Recovery Act (which allowed the Executive Branch to issue regulations as to sale of chickens, and as to wages, prices) as improper delegation of Congressional power, and outside Congress’s authority anyway because Commerce Clause power did not extend to effects on interstate commerce which were only indirect San Antoni

captcrisis
May 263 min read
Today in Supreme Court History: May 26
United States v. Salerno, 481 U.S. 739 (decided May 26, 1987): upholding Constitutionality of Bail Reform Act of 1984 which requires denial of bail if after a hearing the court determines that release would be a danger to the community (traditionally the purpose of bail is only to ensure attendance at hearings and trial) Kellogg Brown & Root Services v. United States, 575 U.S. 650 (decided May 26, 2015): qui tam (“private attorney general”) action against contractors who alle

captcrisis
May 252 min read
Today in Supreme Court History: May 25
Choteau v. Burnet, 283 U.S. 691 (decided May 25, 1931): status as Native American does not excuse obligation to pay income tax on amounts received from tribe’s oil and gas leases Griffin v. School Board of Prince Edward County, 377 U.S. 218 (decided May 25, 1964): district couldn’t avoid desegregation order by closing all schools and using $ for vouchers to all-white private schools Sackett v. EPA, 598 U.S. 651 (decided May 25, 2023): home renovation backfilling not precluded

captcrisis
May 242 min read
Today in Supreme Court History: May 24
In re Shipp, 214 U.S. 386 (verdict rendered May 24, 1909): Only once has there been a criminal trial in the Supreme Court and this was it. The Court had stayed proceedings as to a jailed black murder defendant until appeals could be heard. Defendants, local law enforcement personnel, had violated the Court’s order by letting (or helping) a mob carry off the prisoner and lynch him. So the trial for contempt was in the court which had issued the stay order -- the Supreme Cou

captcrisis
May 232 min read
Today in Supreme Court History: May 23
Rust v. Sullivan, 500 U.S. 173 (decided May 23, 1991): Congress can prohibit family planning agencies receiving federal funds from mentioning abortion either in publications or in individual counseling (this was a plot point in the 1992 movie “Just Another Girl on the IRT”) Foster v. Chatman, 578 U.S. 488 (decided May 23, 2016): Batson objection to use of peremptory challenges to exclude the only black prospective jurors can be revived upon discovery of documents in prosecuti

captcrisis
May 223 min read
Today in Supreme Court History: May 22
TC Heartland LLC v. Kraft Foods Group, 581 U.S. 258 (decided May 22, 2017): patent suit must be brought in defendant’s state of incorporation under patent venue statute (28 U.S.C. §1400(b)) despite later revision of general venue statute (§1391) with broader language Cooper v. Harris, 581 U.S. 285 (decided May 22, 2017): deferring to District Court’s factual determination rejecting North Carolina’s redistricting (no reason was shown for increasing percentage of black voters i

captcrisis
May 222 min read
Today in Supreme Court History: May 21
Bell Atlantic v. Twombly, 550 U.S. 544 (decided May 21, 2007): mere allegation of parallel conduct insufficient to state an antitrust claim by subscribers against local telephone companies created in the wake of the antitrust breakup of AT&T May v. New Orleans, 178 U.S. 496 (decided May 21, 1900): when imported bulk goods were opened and sold as separate packages (here, towels, embroideries) they were no longer “imports” and therefore City’s tax assessment was not unconstitut

captcrisis
May 202 min read
Today in Supreme Court History: May 20
Merck Sharp & Dohme Corp. v. Albrecht, 587 U.S. 299 (decided May 20, 2019): drug manufacturer liable under state law failure to warn theory (osteoporosis drug causing unusual femoral fracture); no clear evidence that FDA had rejected its proposal to add the warning to the label (this is a recognized defense to failure to warn claims) Romer v. Evans, 517 U.S. 620 (decided May 20, 1996): Colorado amended its constitution to prohibit any law protecting gay people from discrimina

captcrisis
May 193 min read
Today in Supreme Court History: May 19
Merck Sharp & Dohme Corp. v. Albrecht, 587 U.S. 299 (decided May 20, 2019): drug manufacturer liable under state law failure to warn theory (osteoporosis drug causing unusual femoral fracture); no clear evidence that FDA had rejected its proposal to add the warning to the label (this is a recognized defense to failure to warn claims) Romer v. Evans, 517 U.S. 620 (decided May 20, 1996): Colorado amended its constitution to prohibit any law protecting gay people from discrimina

captcrisis
May 193 min read
Today in Supreme Court History: May 19
In re Whittington, 391 U.S. 341 (decided May 19, 1968): judge’s ruling of juvenile as “delinquent” and therefore commitable to institution remanded to state court for re-evaluation with Fourteenth Amendment protections (privilege against self-incrimination, etc.) Petrella v. MGM, 572 U.S. 663 (decided May 19, 2014): widow of co-writer of “Raging Bull” entitled to damages for copyright violation despite passage of 18 years since first alleged violation but entitled to only the

captcrisis
May 182 min read
Today in Supreme Court History: May 18
Plessy v. Ferguson, 163 U.S. 537 (decided May 18, 1896): the infamous “separate but equal” decision: segregated train cars are not denial of Equal Protection; black people were not denied transportation because they had their own cars (Harlan, in dissent, famously decries “the damage this day done”; also says that the white race would always dominate, which my Con Law professor took as a declaration of racism; a more insightful person would see it as a way to mitigate the sho

captcrisis
May 183 min read
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