Shell v. Mississippi , 498 U.S. 1 (decided October 29, 1990): capital murder conviction reversed because definition of “especially heinous, atrocious or cruel” given to jury was too vague Alexander v. Holmes County Board of Education , 396 U.S. 19 (decided October 29, 1969): Court attempts to end “all deliberate speed” stalling by declaring that as of now any segregated school system is per se illegal New York v. Eno , 155 U.S. 89 (decided October 29, 1894): federal courts ca

Jackson v. Allen , 132 U.S. 27 (decided October 28, 1889): case should not have been removed because diversity of citizenship not clearly established; vacating judgment after trial and remanding to Circuit Court with directions to remand to state court (Court says citizenship at time of removal was relevant, as well as time suit was commenced; I thought only the latter was looked to) (I know from experience that federal judges will insist on tracking down every silent partner

Maxwell v. Bugbee , 250 U.S. 525 (decided October 27, 1919): New Jersey tax on out-of-state inheritor based on ratio of property owned in state to out-of-state does not amount to an impermissible tax on out-of-state property (which would violate art. IV, §2, cl. 1) Simpson v. Union Oil Co. of California , 396 U.S. 13 (decided October 27, 1969): whether past damages are available for illegally requiring fixed sale price of gasoline sold “on consignment” (a violation of the She

United States v. Kurtz , 164 U.S. 49 (decided October 26, 1896): This mundane case concerns how a clerk’s fee is to be calculated -- by transaction? by entire case? does entering jury information count? Incredibly, there was already a body of case law on this question, some of it by the Court. Arciniega v. Freeman , 404 U.S. 4 (decided October 26, 1971): chatting with co-workers who happened to have criminal records was not a violation of parole American Ry. Express Co. v. D

Myers v. United States , 272 U.S. 52 (decided October 25, 1926): President can remove officers appointed with consent of Senate (here, a postmaster) without Senate approval (Constitution is silent on the issue); striking down 1876 statute and (finally) striking down Tenure of Office Act under which Andrew Johnson had been impeached Gegiow v. Uhl , 239 U.S. 3 (decided October 25, 1915): alien cannot be excluded on grounds that “overstocked labor market” in Portland (Ore.) woul

Robinson v. Hanrahan , 409 U.S. 38 (decided October 24, 1972): forfeiture of car after armed robbery conviction violated Due Process; notice of forfeiture was mailed to defendant’s house when state knew he was sitting in prison Hopkins v. United States , 171 U.S. 578 (decided October 24, 1898): restrictions on activities of members of cattle market in Kansas City (both Kansas and Missouri) do not restrain interstate commerce in violation of Sherman Act Smallwood v. Gallardo ,

INS v. Hibi , 414 U.S. 5 (decided October 23, 1973): denies application for citizenship by Philippines-born veteran who fought there and was imprisoned there by the Japanese because the Nationality Act of 1940 (as amended), which made citizenship available for any non-citizen who served honorably in World War II, set 12/31/46 deadline for applications, even though Nationality Act provisions were never publicized in the Philippines and there was no office there where one could

Maney v. United States , 278 U.S. 17 (decided October 22, 1928): District Court award of citizenship was not res judicata (i.e., conclusively determined and binding); United States could still institute cancellation proceedings; award could be attacked on basis that necessary Certificate of Arrival from the Department of Labor had not been attached to petition (looks like they were looking for any way to get rid of this guy) Davis v. Wechsler , 263 U.S. 22 (decided October 22

Mireles v. Waco , 502 U.S. 9 (decided October 21, 1991): judicial immunity for judge who ordered public defender seized and brought into courtroom when he failed to appear for a calendar call; ordering use of (allegedly excessive) force was acting in aid of his judicial authority (see law review article detailing what happened, https://core.ac.uk/download/pdf/23 2781112.pdf , doesn’t make the judge look good) United States v. Michigan Nat’l Corp. , 419 U.S. 1 (decided Octobe

United States v. Sandoval , 231 U.S. 28 (decided October 20, 1913): Congress can make laws as to Indian lands (here, a prohibition on bringing in liquor) over the head of the state involved (here, New Mexico) (contains charming anthropological “testimony” as to Native Americans: “Living in separate and isolated communities, adhering to primitive modes of life, largely influenced by superstition and fetichism [sic], and chiefly governed according to the crude customs inherited

Comm’r of Internal Revenue v. McCoy , 484 U.S. 3 (decided October 19, 1987): Circuit Court can’t award equitable relief (forgiving interest on tax deficiency) that was not available to trial court Druggan v. Anderson , 269 U.S. 36 (decided October 19, 1925): Congress can pass statute restricting alcohol any time after Eighteenth Amendment was ratified even though not in effect yet (18A stated it becomes effective one year after ratification) United States v. Maryland Savings-

Rivas-Villegas v. Cortesluna , 595 U.S. 1 (decided October 18, 2021): plaintiff sued under §1983 for excessive force; Court held that police officer who put knee in his back after he was already on the ground was entitled to qualified immunity (plaintiff had threatened and cornered wife and children in house, came out at command of police with knife in his pocket, and officer briefly placed his knee on plaintiff’s back when handcuffing him and removing his knife); unanimous p

McPherson v. Blacker , 146 U.S. 1 (decided October 17, 1892): rejects argument that under art. II, §1, clause 2 (Electors from states shall be appointed “in such manner as the legislature thereof may direct”) electors have to be chosen by the Legislature itself, acting as a unit; upholds Michigan statute (i.e., an Act of the Legislature) directing Electors to be elected by Congressional district The Silvia , 171 U.S. 462 (decided October 17, 1898): shippers of sugar damaged b

Charlotte Harbor & N. Ry. Co. v. Welles , 260 U.S. 8 (decided October 16, 1922): Florida Legislature can ratify county’s ultra vires creation of new bridge district which overlapped existing district (effect of which was to add toll to existing bridge) Bitter v. United States , 389 U.S. 15 (decided October 16, 1967): Mail fraud defendant, who had been on time at every appearance, was 37 minutes late in returning from a recess. So the judge stuck him in a jail 40 miles away

Civil Rights Cases , 109 U.S. 3 (decided October 15, 1883): strikes down federal statute prohibiting racial discrimination in public accommodations; Thirteenth and Fourteenth Amendments apply only to governmental action, not private action (here, refusal to allow black people to take rooms at an inn, seats at an opera, and to get onto “ladies’ car” reserved for whites on train) (according to Westlaw, this case was never explicitly overruled, with the first recognition of it n

McConnell v. Rhay , 393 U.S. 2 (decided October 14, 1968): Court holds that its rule of Mempa v. Rhay , 1967, that there is a right to counsel in revocation of probation and deferred sentencing proceedings, at least as to felony defendants, is to be applied retroactively (retroactive application is often, though not always, ordered in criminal procedure matters, though it often requires a second case with similar facts to come along) Arkansas v. Tennessee , 311 U.S. 1 (decide

Moore v. Terminal Railroad Ass’n of St. Louis , 358 U.S. 31 (decided October 13, 1958): Court, without opinion, reverses Missouri Supreme...

United States v. Morrison , 429 U.S. 1 (decided October 12, 1976): After conviction based on marijuana found in car, the Circuit Court...

Arlington County Board v. Richards , 434 U.S. 5 (decided October 11, 1977): community can restrict on-street parking to residents and...

Lucy v. Adams , 350 U.S. 1 (decided October 10, 1955): Court reinstates injunction, meaning that University of Alabama can’t deny two...