Louisville & Nashville R.R. Co. v. Mottley , 211 U.S. 149 (decided November 16, 1908): defendant’s assertion of defenses based on federal law does not create federal court jurisdiction (I remember this one from law school; a couple guaranteed lifetime passage on a railroad in consideration of settling a personal injury case sued 35 years later when their tickets were no longer being honored) Hardy v. Harbin , 154 U.S. 598 (decided November 16, 1874): Was John Hardy the same a

The Harrisburg , 119 U.S. 199 (decided November 15, 1886): can’t sue in admiralty for wrongful death because Congress has not provided for it (overruled by Moragne v. States Marine Lines , 1970) Moody v. Daggett , 429 U.S. 78 (decided November 15, 1976): parolee who committed a crime while on parole does not have normal entitlement to immediate parole revocation hearing even though in custody after warrant issued Albertson v. Subversive Activities Control Board , 382 U.S. 70

Hess v. Port Authority Trans-Hudson Corp. , 513 U.S. 30 (decided November 14, 1994): Eleventh Amendment did not bar injured railroad workers’ suit in federal court against Port Authority, an entity wholly owned by New York and New Jersey and created under the Interstate Compact Clause (art. I, §10, clause 3); judgment against Port Authority would not be collectible against either state Key v. Doyle , 434 U.S. 59 (decided November 14, 1977): District of Columbia statute restri

United States v. Bormes , 568 U.S. 6 (decided November 13, 2021): dismissing lawyers’ class action alleging Fair Credit Reporting Act violation of privacy (federal court filing receipts display last four digits and expiration date of lawyer’s credit card) because sovereign immunity not waived Ayers v. Belmontes , 549 U.S. 7 (decided November 13, 2006): no error in judge not specifically instructing jury to consider future mitigating circumstances in sentencing (here, that def

Winter v. Natural Resources Defense Council , 555 U.S. 7 (decided November 12, 2008): vacating stay of antisubmarine SONAR use by Navy off California shore; strong national security interest and no showing that it actually harms marine mammals (“not a close question”) Barnhart v. Thomas , 540 U.S. 20 (decided November 12, 2003): laid-off elevator operator was properly denied Social Security Disability; though suffering from heart disease, lumbar strain, etc., was still able t

Boylan v. Hot Springs Ry. Co. , 132 U.S. 146 (decided November 11, 1889): passenger properly thrown off train when refusing to pay extra on return trip even though he had paid round trip fare, where ticket (which he hadn’t read) required it be stamped at departing station and he didn’t get it stamped (the language of the ticket, quoted in a footnote, is so extensive that it had to have been “fine print”) Connecticut v. Menillo , 423 U.S. 9 (decided November 11, 1975): upholdi

Ex Parte Crouch , 112 U.S. 178 (decided November 10, 1884): federal courts cannot via habeas vacate state court convictions except on jurisdictional grounds (gradually overruled, most specifically by Brown v. Allen , 1953) Baltimore & O.R. Co. v. Kepner , 314 U.S. 44 (decided November 10, 1941): state court cannot interfere with resident injured railroad employee’s statutorily permitted federal venue of FELA action even if inconvenient for railroad (suit brought 700 miles awa

Harris v. Forklift Systems, Inc. , 510 U.S. 17 (decided November 9, 1993): Title VII claimant (“abusive work environment”) need not show that her psychological well-being was “seriously affected”; totality of circumstances but still must be “objectively” abusive (ALJ found supervisor made frequent gender insults, sexual innuendos, “You’re a woman, what do you know”, “We need a man as the rental manager”, “you’re a dumb ass woman”, suggested “we go to the Holiday Inn”, asked h

Greene v. Fisher , 565 U.S. 34 (decided November 8, 2011): “clearly established federal law” required for habeas does not include law established by Court in decision announced after state appeals on facts are exhausted United States v. Olson , 546 U.S. 43 (decided November 8, 2005): Federal Tort Claims Act allows only for torts for which state law holds private parties (not governmental entities) liable, and court must determine if state law provides private law analogies fo

Cleveland v. United States , 531 U.S. 12 (decided November 7, 2000): video poker licenses were not “property” so as to be predicate for prosecution under mail fraud statute (defendants had obtained licenses via applications with fraudulently concealed facts) Powell v. Alabama , 287 U.S. 45 (decided November 7, 1932): in one of the earliest Incorporation decisions, Court holds that Sixth Amendment right to counsel was “incorporated” by Fourteenth Amendment and therefore bindin

Weeth v. New England Mortgage Security Co. , 106 U.S. 605 (decided November 6, 1882): the Supreme Court used to have jurisdiction when a “certificate of division” was presented to it, where there was a disagreement between the District Judge and the Circuit Justice (from the Supreme Court); here (in a dispute over loan repayment) certificate rejected because required Court to get into fact-finding Mount Lemmon Fire District v. Guido , 139 S.Ct. 22 (decided November 6, 2018):

Buchanan v. Warley , 245 U.S. 60 (decided November 5, 1917): striking down on Due Process grounds ordinance prohibiting sale to black people of house on majority-white block (plaintiff was white man who wanted to enforce the contract of sale to a black man) (distinguished Plessy  on the grounds that in that case black people had to ride in separate car, but were not denied access to the train) Burt v. Titlow , 571 U.S. 12 (decided November 5, 2013): federal court can’t reexam

District of Columbia v. Eslin , 183 U.S. 62 (decided November 4, 1901): judgment by contractor against the District of Columbia’s Board of Public Works is uncollectable because filed in court which no longer had jurisdiction, even though judgment and notice of appeal were filed before statute eliminating jurisdiction was enacted (repeal statute had explicitly vacated all existing proceedings) (sounds to me like the statute violated Due Process) Stanton v. Sims , 571 U.S. 3 (d

Elk v. Wilkins , 112 U.S. 94 (decided November 3, 1884): Native American born on reservation is not a citizen and therefore cannot vote even though he moved off reservation, renounced his tribal affiliation, and claimed Fourteen Amendment birthright citizenship (holding was abrogated by Indian Citizenship Act of 1924) Rose v. Arkansas State Police , 479 U.S. 1 (decided November 3, 1986): strikes down on Supremacy Clause grounds Arkansas workers’ compensation statute subtracti

United States v. Kirby Lumber Co. , 284 U.S. 1 (decided November 2, 1931): the gain realized by company which bought up its own bonds at a lower price than issued is taxable United States v. Portale , 235 U.S. 27 (decided November 2, 1914): another opinion by Holmes, concerning conviction under a statute that I wish someone would explain to me (currently codified at 18 U.S. §2424): if you harbor an alien woman brought here for the purpose of prostitution, you must file a stat

Graham v. Fulton County Special Purpose Grand Jury , 143 S.Ct. 397 (decided November 1, 2022): According to Georgia Secretary of State Brad Raffensperger, Sen. Lindsey Graham leaned on him after the 2020 election to discard some absentee ballots.  Does the Speech and Debate Clause (art. I, §6, cl. 1) prohibit questioning of Graham about this in front of a Georgia grand jury investigating Trump’s interference with the election results?  The Court’s short order affirms that the

General Atomic Co. v. Felter , 434 U.S. 12 (decided October 31, 1977): state court can’t order litigants to not bring suit in federal court Kane v. Garcia Espitia , 546 U.S. 9 (decided October 31, 2005): Does the right to self-representation require a pro se defendant to have access to the prison law library?  Because the Supreme Court had not ruled on the issue, the Circuit Court erred in holding that the “clearly established federal law” requirement for habeas relief applie

Jones v. Meehan , 175 U.S. 1 (decided October 30, 1899): language of treaty, and rights of inheritance as to Indian property, are construed as members of the tribe would understand them, not by looking to law of the state (at issue was a 10-foot wide strip of land along the shore of Red Lake in Minnesota) Tuggle v. Netherland , 516 U.S. 10 (decided October 30, 1995): failure of state to provide independent psychiatrist to possibly rebut state showing of future dangerousness (

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