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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: July 8
Secretary of the Navy v. Avrech, 418 U.S. 676 (decided July 8, 1974): soldier busted down to private for publishing a “disloyal” statement; Court refuses to hear case because service personnel do not enjoy full First Amendment rights (citing Parker v. Levy, 1974) Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. 732 (decided July 8, 2020): “ministerial exception” to First Amendment (as to teachers of religion) precludes age discrimination and disability discrimination
captcrisis
13 hours ago1 min read
Today in Supreme Court History: July 7
Commodity Futures Trading Comm’n v. Schor, 478 U.S. 833 (decided July 7, 1986): no separation of powers problem with statute allowing CFTC hearing reparations proceedings against brokers to also have (non-exclusive) jurisdiction over state law counterclaims even though not Article III court and no trial by jury Bowsher v. Synar, 478 U.S. 714 (decided July 7, 1986): separation of powers violated by Congressional agency official whose deficit reductions the President was requir
captcrisis
2 days ago2 min read
Today in Supreme Court History: July 6
South Dakota v. Opperman, 428 U.S. 364 (decided July 6, 1976): no warrant needed to search car impounded because illegally parked; cars are not “houses” (Fourth Amendment) and diminished expectation of privacy; marijuana found during permissible “inventory” Chiafalo v. Washington, 591 U.S. 578 (decided July 6, 2020): a state can fine “faithless elector” who does not vote according to instructions laid down by state legislature (State of Washington went for Hillary Clinton in
captcrisis
2 days ago3 min read
Today in Supreme Court History: July 5
United States v. Leon, 468 U.S. 897 (decided July 5, 1984): evidence (here, drugs) can be presented at trial despite bad warrant if warrant was facially valid and police relied on it in good faith; warrant found not based on probable cause but purpose of exclusionary rule (to deter police misconduct) didn’t apply Marsh v. Chambers, 463 U.S. 783 (decided July 5, 1983): use of government funds to pay Nebraska legislature’s chaplain did not violate Establishment Clause (all he d
captcrisis
2 days ago2 min read
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