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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: October 18
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

captcrisis
Oct 18, 20251 min read
Today in Supreme Court History: October 17
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

captcrisis
Oct 17, 20252 min read
Today in Supreme Court History: October 16
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

captcrisis
Oct 16, 20251 min read
Today in Supreme Court History: October 15
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

captcrisis
Oct 15, 20251 min read
Today in Supreme Court History: October 14
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

captcrisis
Oct 15, 20252 min read
Today in Supreme Court History: October 13
Moore v. Terminal Railroad Ass’n of St. Louis , 358 U.S. 31 (decided October 13, 1958): Court, without opinion, reverses Missouri Supreme...

captcrisis
Oct 12, 20251 min read
Today in Supreme Court History: October 12
United States v. Morrison , 429 U.S. 1 (decided October 12, 1976): After conviction based on marijuana found in car, the Circuit Court...

captcrisis
Oct 12, 20251 min read
Today in Supreme Court History: October 11
Arlington County Board v. Richards , 434 U.S. 5 (decided October 11, 1977): community can restrict on-street parking to residents and...

captcrisis
Oct 10, 20252 min read
Today in Supreme Court History: October 10
Lucy v. Adams , 350 U.S. 1 (decided October 10, 1955): Court reinstates injunction, meaning that University of Alabama can’t deny two...

captcrisis
Oct 9, 20252 min read
Today in Supreme Court History: October 9
Pilon v. Bordenkircher , 444 U.S. 1 (decided October 9, 1979): Court, relying on its own recent precedent, reverses the denial of habeas...

captcrisis
Oct 8, 20251 min read
Today in Supreme Court History: October 8
Nebraska v. Wyoming et al. , 325 U.S. 665 (decided October 8, 1945): Original jurisdiction case where the Court confirms the Special...

captcrisis
Oct 8, 20252 min read
Today in Supreme Court History: October 7
Doe v. Gonzalez , 546 U.S. 1301 (decided October 7, 2005): Ginsburg denies emergency stay because appeal in Second Circuit is being...

captcrisis
Oct 7, 20251 min read
Today in Supreme Court History: October 6
Lopez v. Smith , 574 U.S. 1 (decided October 6, 2014): Court grants cert and upholds state murder conviction where prosecution switched...

captcrisis
Oct 6, 20251 min read
Today in Supreme Court History: October 5
Maryland v. Kulbicki , 136 S.Ct. 2 (decided October 5, 2015): Court grants cert, reverses Maryland high court, and dismisses ineffective...

captcrisis
Oct 5, 20251 min read
Today in Supreme Court History: October 4
Buntion v. Lumpkin ,142 S.Ct. 3 (decided October 4, 2021): stay of execution denied; Breyer doesn’t dissent but notes the “serious legal...

captcrisis
Oct 4, 20251 min read
Today in Supreme Court History: October 3
Clark v. Hancock , 94 U.S. 493 (decided October 3, 1876): Court can dismiss a non-jurisdictional case without having to wait for the...

captcrisis
Oct 3, 20251 min read
Today in Supreme Court History: October 2
Matter of Disbarment of Maddox , 516 U.S. 802 (decided October 2, 1995): I’m an obscure, unsuccessful lawyer and former crisis center...

captcrisis
Oct 2, 20252 min read
Today in Supreme Court History: October 1
United States v. Peck , 102 U.S. 64 (decided October 1, 1880): parol evidence (i.e., evidence outside the four corners of the contract)...

captcrisis
Sep 30, 20251 min read
Today in Supreme Court History: September 30
Lux v. Rodrigues , 561 U.S. 1306 (decided September 30, 2010): Roberts denies injunction requiring Virginia election officials to count...

captcrisis
Sep 29, 20251 min read
Today in Supreme Court History: September 29
Smith v. Richey , 89 S.Ct. 54 (decided September 29, 1968): Challenge to callup to active duty as violating the Ready Reserve Act, for...

captcrisis
Sep 28, 20251 min read
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