Springer v. United States , 102 U.S. 586 (decided January 24, 1881): upholding federal income tax because it was not a “direct tax” such as has to be apportioned among the states by population (as is required by art. I, §2) (a later contrary decision led to the Sixteenth Amendment) Panama Ry. Co. v. Pigott , 254 U.S. 552 (decided January 24, 1921): affirming Canal Zone court verdict for 7-year-old boy who was “run over” by a train (and still lived??); interesting because Holm

United States v. Jones , 565 U.S. 400 (decided January 23, 2012): attaching a GPS device to suspected drug dealer’s vehicle (actually his wife’s) is a “search” of “effects” and therefore warrant needed Ryburn v. Huff , 565 U.S. 469 (decided January 23, 2012): police entitled to qualified immunity for warrantless search when they went to house of student who had threatened to “shoot up” the school and when mother answered door and was asked if they had any guns she ran back in

Roe v. Wade , 410 U.S. 113 (decided January 22, 1973): balancing interests of the state vs. privacy interest of mother, invalidates Texas’s near-absolute ban on abortion (only exception was to save life of mother) and holds that Due Process prohibits state interference during first trimester; during second trimester the state may regulate abortion “in ways that are reasonably related to maternal health”; and during third trimester may forbid it except to save life of mother (

Citizens United v. Federal Election Comm’n , 558 U.S. 310 (decided January 21, 2010): Court disallows on First Amendment grounds any restrictions on use of general corporate or union funds to advocate or denigrate political candidates, explicitly overruling McConnell v. FEC , 2003, and Austin v. Michigan Chamber of Commerce , 1990, except for requiring identification of who is putting out the ads and disclaiming that it represents the views of the broadcaster (in effect, evis

Nashville Milk Co. v. Carnation Co. , 355 U.S. 373 (decided January 20, 1958): Robinson-Patman Act (prohibiting underselling to destroy competition by use of means unavailable to competition) does not provide private right of action; it’s not an “antitrust” statute as defined by the Clayton Act and therefore Clayton remedy of treble damages is not available (plaintiff restricted to basic Clayton Act claim) Hunter v. Erickson , 393 U.S. 385 (decided January 20, 1969): Akron, O

Patsone v. Pennsylvania , 232 U.S. 138 (decided January 19, 1914): state can prohibit foreign born non-citizens from killing wild game except in defense of person or property (this case has never been overruled) NASA v. Nelson , 562 U.S. 134 (decided January 19, 2011): upholding NASA regulation requiring even long-term employees to submit to background checks and answer questions about illegal drug use (“if there is a right to private information, it is not violated here”) Un

Mistretta v. United States , 488 U.S. 361 (decided January 18, 1989): The Sentencing Reform Act of 1984 created the Sentencing Commission (appointed by the President w/Senate approval, three of seven members being federal judges) which sets binding guidelines.  Here the Court holds that this arrangement does not violate separation of powers nor is an excessive delegation of authority by Congress.  (The Court says, “Congress decided to locate this Commission in the Judicial Br

Jimmy Swaggart Ministries v. Board of Equalization of California , 493 U.S. 378 (decided January 17, 1990): generally applicable sales and use tax (i.e., goods, property) does not violate Free Exercise clause when imposed on religious organization Seling v. Young , 531 U.S. 250 (decided January 17, 2001): commitment of convicted sexual offender who was about to finish serving his sentence is a civil proceeding (i.e., not punitive) and did not implicate Double Jeopardy or Ex P

Garrity v. New Jersey , 385 U.S. 493 (decided January 16, 1967): police officers being questioned in connection with investigation of traffic ticket fixing enjoyed Fifth Amendment privilege against self incrimination (they were told that if they didn’t answer a question they would be fired; therefore these were coerced confessions) German Alliance Ins. Co. v. Hale , 219 U.S. 307 (decided January 16, 1911): no denial of Equal Protection by Alabama statute requiring any insurer

Berry v. Davis , 242 U.S. 468 (decided January 15, 1917): An Iowa statute authorized vasectomies on “idiots, feeble-minded, drunkards, drug fiends, epileptics, syphilitics, moral and sexual perverts” and made it mandatory as to “criminals who have been twice convicted of a felony”.  Case dismissed because the statute had since been repealed (decision by Holmes, who would author the hideous pro-sterilization Buck v. Bell , see May 2). Iowa v. Illinois , 151 U.S. 238 (decided J

Wong Sun v. United States , 371 U.S. 471 (decided January 14, 1963): the leading “fruit of the poisonous tree” case, where statements made after unlawful entry as to drug sale were excluded, as well as heroin seized; but voluntary confession made when defendant went to police station several days later was admissible because the “taint” was sufficiently “attenuated” (facts too complicated to summarize here) Daimler AG v. Bauman , 571 U.S. 117 (decided January 14, 2014): The C

One, Inc. v. Olsesen , 355 U.S. 371 (decided January 13, 1958): Citing its recent analysis in Roth v. United States , Court reverses Circuit Court and vacates obscenity conviction (ironically in Roth  the Court had affirmed  an obscenity conviction).  The Circuit Court decision, 241 F.2d 772, is quite a jolt, a nuanced essay on the changing definition of obscenity (“morals are not static like the everlasting hills, but are like the vagrant breezes to which the mariner must ev

Sipuel v. Board of Regents of University of Oklahoma , 332 U.S. 631 (decided January 12, 1948):  It’s a denial of Equal Protection for state-run law school to refuse admission to qualified applicant on account of race.  Short per curiam opinion, but in my view this case marks the beginning of the civil rights era. United States v. Booker , 543 U.S. 220 (decided January 12, 2005): Federal Sentencing Act guidelines are only advisory, not mandatory; any fact supporting a sentenc

Dunn v. United States , 284 U.S. 390 (decided January 11, 1932): notable as the last opinion by Holmes, which he read from the bench (in a weak voice) the day before he resigned at age 90: sustaining conviction for nuisance for keeping liquor (this was during Prohibition) even though logically inconsistent with acquittals on the same evidence for selling and unlawful possession (doesn’t make sense to me either) Ransom v. FIA Card Services, N.A. , 562 U.S. 61 (decided January

United States v. Georgia , 546 U.S. 151 (decided January 10, 2006): protections of Americans with Disabilities Act extend to those in state prison (prisoner could not get proper medical care or proper mobility because of lack of ramps, space to move wheelchair, accessible toilets) United States v. Philbrick , 120 U.S. 52 (decided January 10, 1887): Navy carpenter entitled to discretionary living allowances; 1835 statute prohibiting such allowances (and setting a fixed schedul

FW/PBS, Inc. v. City of Dallas , 493 U.S. 215 (decided January 9, 1990): “adult” businesses had Free Speech right to contest zoning ordinance that allowed denial of occupancy without procedural safeguards: applying standard from Freedman v. Maryland , 1965: municipality cannot allow “unbridled discretion”, must put time limit on decision, and allow for prompt judicial review (for judicial review of embarrassing City Council inattention re: adult business, see 22 Cal. Rptr. 3d

The Paquete Habana , 175 U.S. 677 (decided January 8, 1900): Fishing vessel was not a “prize of war” (its crew did not even know there was a war going on when it was seized in 1898 off the coast of Cuba) and therefore owner and crew awarded value of it and its contents (lots of fish in tanks); the opinion is a long, long historical survey of admiralty jurisdiction and prize law.  (This is an important case in international human rights litigation, establishing that United Sta

Wright v. Van Patten , 552 U.S. 120 (decided January 7, 2008): right to counsel not violated when attorney appeared at plea hearing via speaker phone (which is actually more effective than personal appearance or Zoom, if your position is very weak: you don’t have to strain to keep a straight face, just make sure there’s no giggle in your voice) Marsh v. Alabama , 326 U.S. 501 (decided January 7, 1946): Alabama statute requiring people to leave private property when asked viol

Heikkinen v. United States , 355 U.S. 273 (decided January 6, 1958): vacating conviction for disobeying deportation order (due to Communist Party membership) because 1) no evidence that any country was willing to receive him and 2) never told where to report for deportation United States v. Watts , 519 U.S. 148 (decided January 6, 1997): court can take into account “preponderance of evidence” of illegal possession of guns in sentencing for cocaine offense, even though acquitt

United States v. Di Re , 332 U.S. 581 (decided January 5, 1948): warrant needed to arrest and search passenger in car driven by possessor of counterfeit gas ration coupons (counterfeit coupons found on defendant’s person during station search should have been suppressed) O’Gorman & Young, Inc. v. Hartford Fire Ins. Co. , 282 U.S. 251 (decided January 5, 1931): upholding New Jersey statute requiring insurance agents not be paid above prevailing rates, as valid use of police po