Today in Supreme Court History: April 1

FCC v. Prometheus Radio Project, 592 U.S. 414 (decided April 1, 2021): In 2017 the Trump-led FCC reversed long-standing policy, affirmed in 2016, and permitted, in the same market, cross-ownership of radio, television and newspapers, and cross-ownership of several stations.  Plaintiffs alleged this would hinder female and minority ownership and local viewpoints.  Reversing the Circuit Court (which had ordered the FCC to develop a better record), the Court holds that in the internet era the FCC’s decision was not “arbitrary and capricious” and dismisses the suit.

The St. John, 154 U.S. 586 (decided April 1, 1872): affirming verdict for upstream-heading ship; downstream-heading ship, having blown its whistle twice, should have gone to the right (without blowing whistles she should have gone to the left -- such were the rules of the river); instead drifted somewhat to the left and hit upstream-heading ship

Brinkmeier v. Missouri Pacific Ry. Co., 224 U.S. 268 (decided April 1, 1912): trainman injured by faulty coupling can’t sue under federal Safety Appliance Act because train was on a siding (i.e., not interstate commerce)

Greenwald v. Wisconsin, 390 U.S. 519 (decided April 1, 1968): burglary suspect with a ninth-grade education and hypertension denied the crime, kept without food or medication overnight, asked for lawyer, not given Miranda warning, could not sleep on wooden plank provided, next morning he confessed; not surprisingly, confession inadmissible

Florida v. Georgia, 592 U.S. 433 (decided April 1, 2021): ruling against Florida in its contention that Georgia was sucking up so much upstream water that it was ruining its “oyster fisheries”; the Court can apparently make up its own rules in original jurisdiction cases and assumes that plaintiff’s proof must be “clear and convincing” (not the usual “preponderance” of evidence)

Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 (decided April 1, 2009): Clean Water Act, which requires power plants to use “best technology to minimize environmental impact”, allows EPA to use cost-benefit analysis; upholds EPA regulations as to power plants extracting water from rivers and lakes for cooling

14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (decided April 1, 2009): night watchmen who were demoted allegedly due to age are bound by arbitration clause in collective bargaining agreement; case dismissed (5 - 4 decision; Souter in dissent points out that the Court previously ruled that the right to sue given by civil rights statutes such as the Age Discrimination in Employment Act supersedes arbitration clauses in collective bargaining agreements, Alexander v. Gardner-Denver, 1974)

Honig v. Students of California School for the Blind, 471 U.S. 148 (decided April 1, 1985): dismissing appeal of preliminary injunction (which ordered school for the blind to do testing to ensure that it complied with seismic safety standards) because testing already completed (not sure why the school kept the appeal alive)

Village of Belle Terre v. Boraas, 416 U.S. 1 (decided April 1, 1974): upholding city ordinance limiting house occupancy to “traditional families” because keeping families together is a state interest; opinion by Douglas (that dedicated family man /sarc); Brennan and Marshall dissent (suit brought by college students sharing a house)

United States v. Oregon, 295 U.S. 1 (decided April 1, 1935): affirming Special Master’s finding for the United States as to ownership of various ponds and surrounding areas (what is now Lake Malheur National Wildlife Refuge; I fantasized about camping there and, one morning over “cowboy coffee”, doing an unhurried reading of this long decision with its many references to local features); introduced me to the term “meander line”, an informal marking of a water boundary