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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: March 29
West Coast Hotels v. Parrish , 300 U.S. 379 (decided March 29, 1937): The Big Switch by Roberts, breaking with the “Four Horsemen” and voting to uphold a state minimum wage law. From now on he would vote against them and uphold economic regulation despite Contract Clause and Commerce Clause objections. Was his vote coerced by FDR’s threat to “pack” the Court? This decision came out shortly after the court-packing plan was announced, but Roberts had already declared his vot

captcrisis
4 minutes ago3 min read
Today in Supreme Court History: March 28
Krulewitch v. United States , 336 U.S. 440 (decided March 28, 1949): Krulewitch and a woman brought another woman across state lines for prostitution. They were arrested for conspiracy under the White Slave Traffic Act and Krulewitch’s partner told the prostitute that “it would be better for us girls to take the blame” rather than Krulewitch. At Krulewitch’s trial the prostitute’s testimony as to this statement (hearsay) is not admissible as a declaration of guilt because n

captcrisis
1 day ago2 min read
Today in Supreme Court History: March 27
United States v. Cruikshank , 92 U.S. 542 (decided March 27, 1876): The Constitution does not guarantee a right to peacefully assemble, nor a right to bear arms; it merely prevents those rights from being encroached on by the federal government. Neither are “fundamental” (i.e. preexisting) rights, and can therefore be restricted by States. (Or so it was held. Typically leaden opinion by Waite, dismissing Louisiana indictment arising out of the Colfax Massacre, where about

captcrisis
2 days ago3 min read
Today in Supreme Court History: March 26
Baker v. Carr , 369 U.S. 186 (decided March 26, 1962): federal courts have jurisdiction over suits alleging disproportionate redistricting in violation of Fourteenth Amendment Equal Protection (on remand the District Court approved mixed by county/by population plan, 206 F. Supp. 314, probably would not pass muster under later case law) United States v. Castleman , 572 U.S. 157 (decided March 26, 2014): prior misdemeanor conviction for domestic violence qualified as “use or a

captcrisis
3 days ago2 min read
Today in Supreme Court History: March 25
United States v. Quality Stores, Inc. , 572 U.S. 141 (decided March 25, 2014): must withhold FICA from severance pay because it’s “wages” (?) Robertson v. Seattle Audubon Society , 503 U.S. 429 (decided March 25, 1992): statute declaring that new management of timber operations (balancing survival of spotted owl with economic growth) resolves the issues in two named lawsuits (in effect directing judges to reach a certain result) did not violate separation of powers: statute a

captcrisis
4 days ago2 min read
Today in Supreme Court History: March 24
Harper v. Virginia Board of Elections, 383 U.S. 663 (decided March 24, 1966): poll tax violates Equal Protection (though literacy tests are o.k. if not used for discriminatory purpose) Ramirez v. Collier , 595 U.S. 411 (decided March 24, 2022): execution stayed because defendant had valid argument that prohibiting his pastor from laying hands on him in the execution chamber violated Religious Land Use and Incapacitated Persons Act (state allowed pastor to lay on hands, and R

captcrisis
5 days ago2 min read
Today in Supreme Court History: March 23
Comcast Corp. v. National Ass’n of African American-Owned Media , 589 U.S. 327 (decided March 23, 2020): owner of African-American owned network must show that he was denied slot on cable TV service due to race (“but-for” causation); remands to examine Complaint under proper standard Reno v. Flores , 507 U.S. 292 (decided March 23, 1993): no Due Process violation in regulation prohibiting release of juvenile aliens if no family member or guardian claims them (teenagers suspec

captcrisis
6 days ago2 min read
Today in Supreme Court History: March 22
Eisenstadt v. Baird , 405 U.S. 438 (decided March 22, 1972): Massachusetts statute prohibiting sale of contraceptives to single people (but not married people) violates Equal Protection Star Athletica LLC v. Varsity Brands, Inc. , 580 U.S. 405 (decided March 22, 2017): it’s up to the jury to decide whether arrangement of lines, chevrons, and colorful shapes on cheerleading uniform are “original works of art” (copyrightable) or just “industrial designs” (not) -- unfortunately

captcrisis
Mar 212 min read
Today in Supreme Court History: March 21
A Book Named “John Cleland’s Memoirs of a Woman of Pleasure” v. Massachusetts , 383 U.S. 413 (decided March 21, 1966): The book is more widely known as “Fanny Hill”, written in 1749, a hot property when I was a teenager, made into a movie which I saw years later and was a disappointment. Massachusetts brought a civil suit to have the book declared “obscene” under statute construed as anything not Constitutionally protected. Lower court did not apply the test of Roth , 1957

captcrisis
Mar 203 min read
Today in Supreme Court History: March 20
Calder v. Jones , 465 U.S. 783 (decided March 20, 1984): California court had jurisdiction to hear suit by well-known California plaintiff (actress Shirley Jones -- she was great in “Elmer Gantry”) for alleged libel in Florida newspaper with national circulation (National Enquirer) concerning her life in California (article stated that her husband, Marty Ingels -- “I’m Dickens, He’s Fenster” -- had driven her to drink -- case settled with a printed apology) Cyan, Inc. v. Beav

captcrisis
Mar 193 min read
Today in Supreme Court History: March 19
Austin v. New Hampshire , 420 U.S. 656 (decided March 19, 1975): New Hampshire commuter tax applicable only to out-of-state residents (Maine) violated Privileges & Immunities clause even though Maine gave its residents credit for it Snyder v. Louisiana , 552 U.S. 472 (decided March 19, 2008): rejecting prosecutor’s bogus reason for peremptory strike of black juror (nervous about effect of jury service on his college grades, but white jurors accepted despite more serious issue

captcrisis
Mar 182 min read
Today in Supreme Court History: March 18
Gideon v. Wainwright , 372 U.S. 335 (decided March 18, 1963): “If you can’t afford a lawyer, one will be appointed for you.” (In high school I saw a movie re-enactment of this case with Mr. Gideon playing himself. Gutsy guy. I recommend “Gideon’s Trumpet”, by Anthony Lewis.) The Antelope , 23 U.S. 66 (decided March 18, 1825): Marshall: slave trade is o.k. except when specifically prohibited; here, allows return of Spanish slaves but not those captured on American vessel (w

captcrisis
Mar 173 min read
Today in Supreme Court History: March 17
Patton v. Brady , 184 U.S. 608 (decided March 17, 1902): upholding extra tax on already taxed goods (on manufactured tobacco under War Revenue Act of 1898, Spanish-American War) United States v. Florida , 420 U.S. 531 (decided March 17, 1975): Submerged Lands Act of 1953 supersedes Florida’s 1868 State Constitution insofar as setting seaward boundaries First Nat’l Bank of Columbus, O. v. Louisiana Highway Comm’n , 264 U.S. 308 (decided March 17, 1924): jurisdictional minimum

captcrisis
Mar 162 min read
Today in Supreme Court History: March 16
Fletcher v. Peck , 10 U.S. 87 (decided March 16, 1810): awarding land to purchaser in good faith, unaware that seller had obtained it by fraud Shaughnessy v. Mezei , 345 U.S. 206 (decided March 16, 1953): not a denial of due process to detain “bad security risk” alien at Ellis Island without hearing where no other country would receive him (the story given of this man’s meanderings and unexplained rejection by every country he visited, including Communist ones, is remarkable

captcrisis
Mar 162 min read
Today in Supreme Court History: March 15
Bakery Sales Drivers Local Union No. 33 v. Wagshal , 333 U.S. 437 (decided March 15, 1948): A deli changed bakeries because its drivers would deliver only at noon. (Understandable. I grew up in a deli, and later delivered to delis, and this is a b-a-d time for deliveries, with the lunch crowd waiting for their sandwiches. Bakery goods, such as rolls and bagels, are customarily delivered in early morning, for obvious reasons.) The bakery drivers’ union stopped all deliveri

captcrisis
Mar 143 min read
Today in Supreme Court History: March 14
Sicurella v. United States , 348 U.S. 385 (decided March 14, 1955): Jehovah’s Witness can be awarded conscientious objector status even though willing to fight if Jesus commands him in “theological war” which does not involve “weapons of warfare”; refusal to participate in “shooting wars” suffices Handly’s Lessee v. Anthony , 18 U.S. 374 (decided March 14, 1820): island in Ohio River is part of Kentucky; Indiana, recently a state, only owned land up to low-water mark on its s

captcrisis
Mar 132 min read
Today in Supreme Court History: March 13
Klopfer v. North Carolina , 386 U.S. 213 (decided March 13, 1967): prosecutor can’t say “nolle prosequi” (decide not to go forward) and yet keep the defendant on a long leash; North Carolina nolle prosequi procedure, under which defendant could go where he wants but can’t move to dismiss and is subject to trial at prosecutor’s discretion, violates Sixth Amendment speedy trial right Clyatt v. United States , 197 U.S. 207 (decided March 13, 1905): conviction for peonage (abduct

captcrisis
Mar 122 min read
Today in Supreme Court History: March 12
Hale v. Henkel , 201 U.S. 43 (decided March 12, 1906): rejecting witness’s claim of Fifth Amendment privilege in federal grand jury proceeding because enjoyed federal immunity even though state prosecution possible (overruled by Murphy v. Waterfront Comm’n of New York Harbor , 1964, which held that grant of immunity in state grand jury proceedings also extended to possible federal prosecution) Davis v. Wood , 14 U.S. 6 (decided March 12, 1816): another case, like Queen v. Hep

captcrisis
Mar 112 min read
Today in Supreme Court History: March 11
Walker v. Wainwright , 390 U.S. 335 (decided March 11, 1968): defendant can seek habeas relief as to conviction as to one charge (here, murder, allegedly coerced confession) even though due to not appealing other charge (aggravated assault) he would still be in prison if relief granted Lee v. Washington , 390 U.S. 333 (decided March 11, 1968): striking down on Fourteenth Amendment grounds Alabama statute requiring racial segregation in prisons Oetjen v. Central Leather Co. ,

captcrisis
Mar 103 min read
Today in Supreme Court History: March 10
Gregory v. City of Chicago , 394 U.S. 111 (decided March 10, 1969): police cannot order a demonstration dispersed if it’s the onlookers who are getting violent, not the demonstrators (this was comedian and activist Dick Gregory, fondly remembered at least by me, leading a police-escorted antisegregation demonstration from City Hall to the mayor’s residence, the not-so-fondly remembered Richard J. Daley) Frohwerk v. United States , 249 U.S. 204 (decided March 10, 1919): uphold

captcrisis
Mar 93 min read
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