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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: March 4
United States v. Tsarnaev , 595 U.S. 302 (decided March 4, 2022): upholding conviction of 2013 Boston Marathon bomber; trial judge had discretion at jury selection to ask only general questions about media exposure, and to exclude at sentencing mention of brother’s triple homicide to show that defendant was not the ringleader of bombing (as of this writing, still appealing other issues, see 96 F.4 th 441) (opportunities for agreement with Tsarnaev are limited, but he was rig
captcrisis
8 hours ago3 min read
Today in Supreme Court History: March 3
Schenck v. United States , 249 U.S. 47 (decided March 3, 1919): upholding Espionage Act conviction; mailing young men leaflets encouraging them to protest the draft (during World War I) was “clear and present danger” (famous for Holmes’s comment, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic”) The Ku-Klux Cases , 110 U.S. 651 (decided March 3, 1884): upholding conviction of men who beat up black
captcrisis
1 day ago3 min read
Today in Supreme Court History: March 2
Gibbons v. Ogden , 22 U.S. 1 (decided March 2, 1824): power of Congress to regulate interstate commerce also includes navigation (this holding became huge as technology advanced; it later was applied to trains, automobiles, radio, etc. -- to my mind the 19th century, more than the 20th or any other century, was the most transformative -- trains, cars, electricity, flight) Snyder v. Phelps , 562 U.S. 443 (decided March 2, 2011): odious acts of Westboro Baptist Church (holding
captcrisis
2 days ago2 min read
Today in Supreme Court History: March 1
Strauder v. West Virginia , 100 U.S. 303 (decided March 1, 1880): Fourteenth Amendment violated by state statute restricting jury duty to whites; the Court’s dictum as to some restrictions being permissible was overruled by Taylor v. Louisiana , 1975, insofar as restricting it to males Swint v. Chambers Co. Comm’n , 514 U.S. 35 (decided March 1, 1995): The Court here takes on the persistent issue of discretionary “pendent appellate jurisdiction”, i.e., appealing a normally no
captcrisis
3 days ago3 min read
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