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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: June 14
West Virginia State Board of Education v. Barnette, 319 U.S. 624 (decided June 14, 1943): explicitly overrules Minersville v. Gobitis, 1940, and holds that refusal to salute flag and recite pledge as part of regular school day was protected by First and Fourteenth Amendments (Court holds that this was impermissible “compelled speech”; plaintiffs were Jehovah’s Witnesses; school had softened earlier versions of the pledge which other parents had said sounded “too much like Hit
captcrisis
1 hour ago4 min read
Today in Supreme Court History: June 13
Miranda v. Arizona, 384 U.S. 436 (decided June 13, 1966): asking questions of detained witness without advising of right to remain silent violates Fifth Amendment guarantee against self incrimination (Congress tried to abrogate this holding by statute in 1968, but statute was chipped away at and finally struck down, Dickerson v. United States, 2000) (Miranda was re-tried in Arizona court without the invalid confession and convicted of rape/kidnapping, 104 Ariz. 174) Romano v.
captcrisis
1 day ago3 min read
Today in Supreme Court History: June 12
Loving v. Virginia, 388 U.S. 1 (decided June 12, 1967): striking down on Equal Protection and (substantive) Due Process grounds Virginia’s prohibition on interracial marriage (a good decision for me personally) (in the trial court the one-year sentence imposed on the Lovings, who had gone to D.C. to get married and were indicted when they moved back to Virginia, had been suspended on the condition that they move out of state and not return for 25 years, not so coincidentally
captcrisis
2 days ago2 min read
Today in Supreme Court History: June 11
Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (decided June 11, 1993): ordinance prohibiting killing of animal in ceremony not for use as food (Santería) struck down as violating church’s First Amendment rights (ordinance was passed “in direct response to the opening of the church” -- but what if the church had been there for years?) Husted v. A. Philip Randolph Institute, 584 U.S. 756 (decided June 11, 2018): Ohio’s presumption that voters who don’t return
captcrisis
3 days ago2 min read
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