Flores-Figueroa v. United States, 556 U.S. 646 (decided May 4, 2009): immigrant gave employer a fake green card but the number on it turned out to belong to a real person; not guilty of identity theft because statute (18 U.S.C. §1028A(a)(1)) requires theft to be “knowing” Arthur Andersen LLC v. Carlisle, 556 U.S. 624 (decided May 4, 2009): nonparties to arbitration can seek stay of lawsuit pending arbitration; denial of stay is immediately appealable under 9 U.S.C. §16(a)(1)(

Shelley v. Kraemer, 334 U.S. 1 (decided May 3, 1948): the first case invalidating “restrictive covenants” prohibiting black people from buying houses in white neighborhoods; though covenant was between private parties, judicial enforcement of covenant was “state action” implicating Fourteenth Amendment equal protection clause (this rationale seems to swallow up everything -- any situation between private parties turns into “state action” once someone takes it to court) Lee v.

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. 79

Knox v. Lee (Legal Tender Cases), 79 U.S. 457 (decided May 1, 1871): forcing creditors to accept new (paper) money for preexisting debts is not a Fifth Amendment “taking” which applies only to physical property (as pointed out in Cedar Point Nursery v. Hassid, 2021, “takings” are now more expansively defined) Price Waterhouse v. Hopkins, 490 U.S. 228 (decided May 1, 1989): Title VII plaintiff doesn’t have to prove but-for causation, just a motivating factor; defendant must sh

Bad Elk v. United States, 177 U.S. 529 (decided April 30, 1900): Kid shot a gun into the air for fun. Tribal policeman (his cousin) had no right to arrest him, such that he had self-defense argument when things came to a head the next day when the policeman drew a gun on him. The extensive account of the facts describes a slower-moving frontier society and might have made a good episode of “Gunsmoke”, though with an all-Native American cast. (The defense that one has the r

Niz-Chavez v. Garland, 593 U.S. 155 (decided April 29, 2021): “notice to appear” served on people subject to deportation (and which stops the time accrued in this country) must contain all the information the person needs on a single form, not on various forms sent at various times (opinion is another example of Gorsuch’s clear and informal writing style) Thacker v. Tennessee Valley Authority, 587 U.S. 218 (decided April 29, 2019): The TVA, owned by the federal government, by

Crawford v. Marion County Election Board, 553 U.S. 181 (decided April 28, 2008): Indiana law requiring photo ID to vote did not violate Equal Protection (6 - 3 decision) Cummings v. Premier Rehab Keller, PLLC, 596 U.S. 212 (decided April 28, 2022): emotional distress damages not available under Rehabilitation Act of 1973 or Affordable Care Act (physical therapist did not provide sign language interpreter for deaf and blind client) Vieth v. Jubelirer, 541 U.S. 267 (decided Apr

AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (decided April 27, 2011): Federal Arbitration Act preempts California common law rule against arbitration clauses in consumer contracts (dismissing suit by customers alleging that cell phone “giveaway” was fraudulent because sales tax added to bill) United States v. Sun-Diamond Growers of California, 526 U.S. 398 (decided April 27, 1999): Agriculture Secretary Mike Espy was one of the only two people in the much-investigated Clint

United States v. Lopez, 514 U.S. 549 (decided April 26, 1995): federal statute prohibiting guns in school zones exceeds Commerce Clause power; gun possession is not economic activity; 5 - 4 decision Small v. United States, 544 U.S. 385 (decided April 26, 2005): 18 U.S.C. §922(g)(1) (prohibiting gun possession by anyone “convicted in any court” of crime punishable by more than one year) does not apply to foreign convictions (here, in Japan for smuggling guns) Trimble v. Gordon

United States v. Carolene Products Co., 304 U.S. 144 (decided April 25, 1938): Congress’s Commerce Clause power extends to public safety concerns; upholding statute prohibiting interstate sale of filled milk (sounds gross from the description, but the statute is no longer enforced and you can still buy it in the supermarket); the decision is known for its (unnecessary) footnote 4, where the “presumption of Constitutionality” as to federal statutes is questioned if they involv

United States v. Ballard, 322 U.S. 78 (decided April 24, 1944): allegation that faith healing advocates knew that their claims of religious belief were false and were used just for solicitation was precluded by Free Exercise Clause; entire mail fraud indictment thrown out even though question of defendants’ good faith in their beliefs was not submitted to jury (this was the “I Am” movement, followers of the late “Guy W. Ballard, a/k/a George Washington, Jesus”) United States

Moncrieffe v. Holder, 569 U.S. 184 (decided April 23, 2013): “social sharing” of marijuana (i.e., possession) is not an “aggravated felony” requiring deportation under Immigration and Naturalization Act of Jamaican national (good thing -- otherwise half the college-age Jamaican population of this country would be deported, to hear my Kingston dormmate from 1976 tell it -- whose wall was plastered with posters of Bob Marley in clouds of smoke -- “he is seeing God”) Virginia v.

Jones v. Mississippi , 593 U.S. 98 (decided April 22, 2021): not “cruel and unusual punishment” to sentence juvenile to life without parole for homicide so long as it’s discretionary and not mandatory (oh thanks so much -- excuse me while I vomit) (15 year old stabbed his grandfather after fight about boy’s girlfriend) McCleskey v. Kemp , 481 U.S. 279 (decided April 22, 1987): study showing that death penalty imposed more often on black defendants as to white victims did not

City of Austin, Texas v. Reagan Nat’l Advertising of Austin, LLC , 596 U.S. 61 (decided April 21, 2022): City ordinance restricting billboards that (like most billboards) are not on land they are advertising for is content-neutral and subject to “intermediate” First Amendment scrutiny; remanded to Fifth Circuit (which then upheld the ordinance, 64 F.4th 287) United States v. Vaello Madero , 596 U.S. 159 (decided April 21, 2022): not denial of Equal Protection to deny SSI bene

City of Los Angeles v. Lyons , 461 U.S. 95 (decided April 20, 1983): nobody has standing to seek injunction preventing police use of chokeholds: can’t show that every officer will always use a chokehold on every suspect; 5 - 4 decision (Marshall, in dissent, notes that on this reasoning federal courts would have no power to enjoin a “shoot to kill” policy, or a policy of shooting one out of ten suspects on sight) Ramos v. Louisiana , 590 U.S. 83 (decided April 20, 2020): gui

Nelson v. Colorado , 581 U.S. 128 (decided April 19, 2017): striking down on Due Process grounds Colorado statute requiring acquitted defendants who seek recoupment of the restitution, fees, etc. they have been required to pay to prove their innocence by clear and convincing evidence (being found not guilty was by itself enough proof) Missouri v. Holland , 252 U.S. 416 (decided April 19, 1920): Missouri can’t prevent federal game warden from enforcing Migratory Bird Treaty Ac

Dusky v. United States , 362 U.S. 402 (decided April 18, 1960): record of competency hearing too sparse to evaluate; conviction (for kidnapping girl and transporting her across state lines) vacated and new competency hearing ordered prior to new trial (no Double Jeopardy, apparently) (the psychiatric report, in 271 F.2d 385, seems complete to me, opines that he doesn’t understand the nature of the proceedings) Block v. Hirsh , 256 U.S. 135 (decided April 18, 1921): statute re

Lochner v. New York , 198 U.S. 45 (decided April 17, 1905): striking down New York statute setting maximum work hours for bakery employees as violating freedom of contract and not within police power; in Holmes’s much-overrated dissent he says, “This case is decided upon an economic theory which a large part of the country does not entertain” (?? I don’t see any hint of economic theory in the Court’s decision); the dissent by Harlan (along with White and Day) is the more rele

Ashcroft v. Free Speech Coalition , 535 U.S. 234 (decided April 16, 2002): striking down on First Amendment and overbreadth grounds Child Pornography Prevention Act of 1996 banning virtual porn (it’s difficult for law enforcement to discern virtual from real children) because it extends beyond bannable “obscenity” and limits free speech Allen v. McVeigh , 107 U.S. 433 (decided April 16, 1883): no federal question presented by dispute over promissory note where promisor, resid

Chandler v. Miller , 520 U.S. 305 (decided April 15, 1997): statute requiring drug tests for state office candidates was unreasonable search under Fourth Amendment; suit brought by Libertarian Party nominees Roberts v. United States , 445 U.S. 552 (decided April 15, 1980): defendant’s refusal to cooperate in investigation of related crime can be aggravating factor in sentencing for heroin sale Vella v. Ford Motor Co. , 421 U.S. 1 (decided April 15, 1975): A shipowner owes the