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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: April 3
Smith v. Allwright , 321 U.S. 649 (decided April 3, 1944): political party (here, Texas Democratic Party) is a “state actor” and liable under the Fifteenth Amendment and §1983 (actually its predecessor statute) for refusing to let black man vote in primary election United States v. “Old Settlers” , 148 U.S. 427 (decided April 3, 1893): 1889 Act of Congress revived Cherokee claim under 1846 Treaty for reimbursement for taking their land; Court affirms calculation of amount Hol
captcrisis
1 hour ago2 min read
Today in Supreme Court History: April 2
Environmental Defense v. Duke Energy Corp. , 549 U.S. 561 (decided April 2, 2007): “modification” can mean different things in different (complicated) environmental statutes; the upshot was that this coal-fired plant should have gotten a permit before upgrading Florence v. Board of Chosen Freeholders of City of Burlington , 566 U.S. 318 (decided April 2, 2012): strip search upon incarceration is not unreasonable under Fourth Amendment Encino Motorcars v. Navarro , 584 U.S.
captcrisis
21 hours ago2 min read
Today in Supreme Court History: April 1
FCC v. Prometheus Radio Project, 592 U.S. 414 (decided April 1, 2021): In 2017 the Trump-led FCC reversed long-standing policy, affirmed in 2016, and permitted, in the same market, cross-ownership of radio, television and newspapers, and cross-ownership of several stations. Plaintiffs alleged this would hinder female and minority ownership and local viewpoints. Reversing the Circuit Court (which had ordered the FCC to develop a better record), the Court holds that in the in
captcrisis
2 days ago3 min read
Today in Supreme Court History: March 31
United States v. Lanier , 520 U.S. 259 (decided March 31, 1997): state judge should have known sexual assaults would inculpate him under 12 U.S.C. §242 (the criminal counterpart to 42 U.S.C. §1983) even though statute does not mention sexual crimes and Court has not directly ruled on similar facts International Brotherhood of Teamsters v. United States , 431 U.S. 324 (decided March 31, 1977): victims of union’s discrimination against black and hispanic workers (demonstrated b
captcrisis
3 days ago3 min read
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