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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: April 13
Valentine v. Chrestensen , 316 U.S. 52 (decided April 13, 1942): city could ban public distribution of handbills which argued political issue as a pretext but really were advertising (exhibiting submarine for profit) (overruled by Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council , 1976) Smith v. Springdale Amusement Park , 283 U.S. 121 (decided April 13, 1931): mechanical arm running along dog track with lure was not patentable (pretty obvious, I think -

captcrisis
32 minutes ago2 min read
Today in Supreme Court History: April 12
NLRB v. Jones & Laughlin Steel Corp. , 301 U.S. 1 (decided April 12, 1937): in an early demonstration of the “switch” of 1937, upholding Constitutionality of National Labor Relations Act (and actions of NLRB) (forcing major steel producer to bargain with union) Associated Press v. NLRB , 301 U.S. 103 (decided April 12, 1937): another early “switch” case, holding that news gathering organization involved “interstate commerce” and subject NLRB jurisdiction Texas v. White , 74 U

captcrisis
1 day ago3 min read
Today in Supreme Court History: April 11
Pierson v. Ray , 386 U.S. 547 (decided April 11, 1967): state judges are immune from §1983 liability for judicial acts (here, an allegedly racist sentencing decision against plaintiffs who were trying to integrate a whites-only bus station) (this case established the doctrine of “qualified immunity” -- arresting police officers had defense of “good faith and probable cause” under statute later declared unconstitutional) New York Indians v. United States , 170 U.S. 1 (decided

captcrisis
2 days ago2 min read
Today in Supreme Court History: April 10
Totten v. United States , 92 U.S. 105 (decided April 10, 1876): secret agent can’t sue United States for back pay, due to publicity and exposure of government secrets; must make claim on contingency fund of agency which hired him Pollock v. Williams , 322 U.S. 4 (decided April 10, 1944): invalidating statute providing that failure to perform paid-for work was conclusive proof of fraud (i.e., no defenses allowed), which had been re-enacted by Florida legislature despite the Co
donnylaja
2 days ago2 min read
Today in Supreme Court History: April 9
Adkins v. Children’s Hospital , 261 U.S. 525 (decided April 9, 1923): striking down District of Columbia minimum wage law for women as interfering with freedom of contract (a right which, by the way, the Constitution does not protect against federal interference) (overruled by, for example, West Coast Hotel Co. v. Parrish , 1937, see March 29) NLRB v. Walton Mfg. Co. , 369 U.S. 404 (decided April 9, 1962): Court of Appeals can’t apply stricter “substantial evidence” standard

captcrisis
4 days ago2 min read
Today in Supreme Court History: April 8
Edwards v. Pacific Fruit Express Co. , 390 U.S. 538 (decided April 8, 1968): owner and supplier of railroad refrigerator cars not a “common carrier by railroad” so as to allow suit under Federal Employers Liability Act (statute included other kinds of rail cars but not refrigerator cars; plaintiff injured while servicing refrigerator car at a maintenance plant) Permoli v. Municipality No. 1 of City of New Orleans , 44 U.S. 589 (decided April 8, 1845): Constitution does not pr

captcrisis
5 days ago2 min read
Today in Supreme Court History: April 7
Stanley v. Georgia , 394 U.S. 557 (decided April 7, 1969): First and Fourteenth Amendments prohibit criminalizing simple possession of obscene material (8mm films of “nude men and women engaging in intercourse and sodomy”) (police were searching home for evidence of criminal bookmaking) (I noticed that under the statutory definition, lesbians can’t possibly do anything “obscene” because there is no penis for them to put in any forbidden place) Wilson v. Snow , 228 U.S. 217 (d

captcrisis
6 days ago3 min read
Today in Supreme Court History: April 6
Ashe v. Swenson , 397 U.S. 436 (decided April 6, 1970): Double Jeopardy Clause bars trial for break-in and robbery of second poker player after acquittal as to robbery of first based on failure to identify defendant as the robber United States v. Barnett , 376 U.S. 681 (decided April 6, 1964): contemnors (Governor and Lt. Gov. of Mississippi who flouted court order to admit black student to state university) not entitled to jury trial; four liberal Justices dissented (i.e., p

captcrisis
7 days ago2 min read
Today in Supreme Court History: April 5
Google LLC v. Oracle America, Inc. , 593 U.S. 1 (decided April 5, 2021): Google wins copyright lawsuit; its partial copying of Java SE to operate Android platform was “fair use” (and not only that, the “fair use” defense was not “at law”, so no Seventh Amendment right to jury trial) (Google had tried to purchase the full copyright but owner insisted on open source interoperability -- that’s not how you make money in the software world!!) Rogers v. Bellei , 401 U.S. 815 (decid

captcrisis
Apr 42 min read
Today in Supreme Court History: April 4
Thompson v. Clark , 596 U.S. 36 (decided April 4, 2022): To sue under §1983 in relation to a criminal proceeding (malicious prosecution), you first have to show that the case against you ended with a “favorable termination”. The Court holds that this simply means no conviction, and not some affirmative evidence of innocence (such as an acquittal) (here, the charges had been dismissed before trial without explanation). O’Neil v. Vermont , 144 U.S. 323 (decided April 4, 1892):

captcrisis
Apr 32 min read
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
Apr 22 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
Apr 12 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
Apr 13 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
Mar 303 min read
Today in Supreme Court History: March 30
Ex parte Wilson , 114 U.S. 417 (decided March 30, 1885): crime punishable by years of hard labor is a Fifth Amendment “infamous crime” requiring grand jury indictment (15 years for counterfeiting) Pecheur Lozenge Co. v. National Candy Co. , 315 U.S. 666 (decided March 30, 1942): suit over wrapper design was common law trademark infringement (I didn’t know there was such a thing), not registered with Patent Office as alleged, so local law applied in diversity action (candy cig

captcrisis
Mar 292 min read
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
Mar 283 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
Mar 272 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
Mar 263 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
Mar 252 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
Mar 242 min read
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