Blockburger v. United States , 284 U.S. 299 (decided January 4, 1932): this case is the source of the “ Blockburger rule”, important in sentencing and Double Jeopardy situations: here, each sale of narcotics, no matter how close in time, held to be a separate offense because each sale had a separate fact (e.g., selling a ten-pound bag of cocaine can’t be split up into ten offenses of selling one pound) Theatre Enterprises, Inc. v. Paramount Film Distributing Corp. , 346 U.S.

United States v. Gaskin , 320 U.S. 527 (decided January 3, 1944): “Peonage” (abducting someone in debt and forcing him to work until the debt is paid off) is a Thirteenth Amendment violation and was outlawed in 1867.  Here, where the defendant had “arrested” one James Johnson and transported him to another place within Florida, the Court construes what it concedes is confusing language in the peonage statute, and holds that one can be guilty even if the “arrested” person does

Rochin v. California , 342 U.S. 165 (decided January 2, 1952): Defendant vomited out two capsules of (illegal) morphine at hospital after being force-fed an emetic. After police broke into his house and dragged him there.  All this without a warrant. Yeah, Due Process (“shocks the conscience”) violation.  Capsules should have been suppressed, conviction vacated. Kiefer-Stewart Co. v. Joseph E. Seagram & Sons , 340 U.S. 211 (decided January 2, 1951): distillers’ agreement to s

Blake v. United States , 103 U.S. 227 (decided January 1, 1880): (Wikipedia has this being decided on January 1 though all Westlaw says is “October Term”.)  In those days the President evidently had to appoint every army or navy officer, and an 1862 statute gave him the power to dismiss, but an 1866 statute said the officer could be removed only via court-martial.  Here, an army “post-chaplain”‘s resignation was accepted by the President but the man later said he was “insane”

National League of Cities v. Brennan , 419 U.S. 1321 (decided December 31, 1974): The last two days of 1974 were busy.  On December 30 a three-judge panel heard arguments made by several cities and states that Fair Labor Standards Act amendments setting wage/hour standards for state and municipal employees (set to take effect on January 1) violated the Tenth Amendment.  On December 31 the panel rejected those arguments.  Later that day, “after the close of business”, Burger w

Louisiana v. Hill , 141 S.Ct. 1232 (decided December 30, 2020):  Hill was convicted of statutory rape and “SEX OFFENDER” was put on his driver’s license.  He was convicted of scratching the words off.  He won on his argument that this was “compelled speech” in violation of the First Amendment, both in the trial court and the Louisiana Supreme Court (341 So.3d 539).  Here Alito denies Louisiana’s motion for a stay; its petition for cert was then denied, 142 S.Ct. 311 (2021).  

Parisi v. Davidson , 396 U.S. 1233 (decided December 29, 1969): Douglas denies stay of Vietnam deployment of man who appealed denial of conscientious objector status; man would not be assigned combat duty or training, and his duties (he was a “psychological counselor”) would be no different there than stateside

Synanon Foundation, Inc. v. California , 444 U.S. 1307 (decided December 28, 1979): Rehnquist denies stay of order allowing California Attorney General to intervene in affairs of charitable organization suspected of corruption; Synanon claimed it was a church but First Amendment provides no special protection (I was glad to see Synanon get their comeuppance; their “attack therapy” was praised when I was first working in that field and it seemed to me monstrous)

Socialist Workers Party v. Attorney General of the United States , 419 U.S. 1314 (decided December 27, 1974): Marshall denies stay of Circuit Court order; as a result FBI agents are allowed to attend/monitor SWP’s national youth convention; convention was open to the public, agents would not be disruptive, and if agents were excluded “the potential injury to the FBI’s continuing investigative efforts would be apparent” (unclear what they were investigating) (this decision cer

Hobby Lobby Stores, Inc. v. Sebelius , 568 U.S. 1401 (decided December 26, 2012): Sotomayor denies stay of enforcement of Affordable Care Act because claimed Free Exercise Clause/Religious Freedom Restoration Act violation was not “indisputably clear” (as we know, the Court later held that there was indeed a Free Exercise/RFRA violation, sub nom. Burwell v. Hobby Lobby Stores, Inc. , June 30)

Liverpool & London & Globe Ins. Co. v. Gunther , 116 U.S. 113 (decided December 25, 1885) (was this case really “filed” on December 25, as Westlaw has it?): No, this case did not concern Scrooge’s raise to Bob Cratchit being in violation of some wage/price control (actually that was on December 26).  A boring matter, expenses of a suit and trustees of a railroad, but the only December 25 case I could find. A Merry Christmas to all to those for whom it has meaning, and also t

Missouri Kansas & Texas Ry. Co. of Texas v. Ferris , 179 U.S. 602 (decided December 24, 1900): no federal question presented by Texas statute providing that refusal to answer at deposition is not an admission as to a corporate party (this was a civil case, wrongful death) Gatewood v. North Carolina , 203 U.S. 531 (decided December 24, 1906): nominal stock exchange where no stocks were actually bought or sold (instead, members were awarded difference between sale price and mar

International News Service v. Associated Press , 248 U.S. 215 (decided December 23, 1918): wire services can’t steal stories from one another (the Court, creating pre- Erie  “federal common law”, held that this was common law misappropriation of property; such a tort in this context has been preempted by the Copyright Act of 1976, see 650 F.3d 876) Singer Mfg. Co. v. Rahn , 132 U.S. 518 (decided December 23, 1889): sewing machine salesman was agent of employer (even though wo

Memphis & L. R.R. Co. v. Berry , 112 U.S. 609 (decided December 22, 1884): tax break given to railroad company formed by act of legislature does not extend to company which purchased it Blumenthal v. United States , 332 U.S. 539 (decided December 22, 1947): conspiracy prosecution doesn’t have to identify all conspirators (conspiracy here was to sell whiskey at prices above ceiling set under Emergency Price Control Act of 1942); “secrecy and concealment are essential features

Oregon v. Mitchell , 400 U.S. 112 (decided December 21, 1970): original jurisdiction case; Congress can set voting age requirements for federal elections but not state or local elections (quickly abrogated by Twenty-Sixth Amendment which set national voting age of 18) Baltimore City Dept. of Social Services v. Bouknight , 488 U.S. 1301 (decided December 21, 1988): Granting stay of Court of Appeals order holding that mother properly invoked self-incrimination privilege when re

United States v. Marion , 404 U.S. 307 (decided December 20, 1971): speedy trial requirement (Sixth Amendment) is not triggered until arrest (here, for business fraud, where prosecutors waited three years before arresting); the accused (or rather, future accused) is still protected by the statute of limitations Craig v. Boren , 429 U.S. 190 (decided December 20, 1976): denial of Equal Protection when Oklahoma men held to higher drinking age (21) than women (18) (opinion also

Sorrells v. United States , 287 U.S. 435 (decided December 19, 1932): defendant accused of liquor sale (during Prohibition) can assert entrapment defense (agent who served in same division during World War I visited with some mutual friends and drew him into a long chat about their wartime experiences, casually asked for liquor, and after third request defendant left and returned twenty minutes later with a bottle and agent paid him $5 -- aha!! you’re under arrest!) Hunt v. S

Executive Jet Aviation, Inc. v. City of Cleveland, Ohio , 409 U.S. 249 (decided December 18, 1972): simply because airplane crashed into navigable water does not create admiralty jurisdiction; claim has to be related to maritime activities (upon takeoff plane ran into flock of seagulls which clogged the engines and plane sank in Lake Erie, though crew survived; allegedly the air traffic controller should not have ok’d the takeoff) (if it was the seagulls’ next of kin bringing

Illinois Central R.R. Co. v. McKendree , 203 U.S. 514 (decided December 17, 1906): Secretary of Agriculture can’t make a regulation (here, a “quarantine line” from California to Maryland to control cattle infection) that affects interstate commerce without specific Congressional authority NLRB v. Saviar Mfg. Co. , 245 U.S. 359 (decided December 17, 1973): certification of union voided where before certification election the union promised that anyone who voted for certificati

Greene v. Georgia , 519 U.S. 145 (decided December 16, 1996): state Supreme Court on direct appeal does not have to defer to trial judge’s findings as to juror bias (trial judge had excused for cause jurors who had reservations about the death penalty); such deference (set forth in Wainwright v. Witt , 1985) applies only in habeas proceedings (where at issue is matter outside the record -- questions which should have been asked, things that should have been done, evidence whi