Today in Supreme Court History: April 18

Block v. Hirsh, 256 U.S. 135 (decided April 18, 1921): statute restricting conditions for eviction was exercise of police power and not a “taking” requiring compensation due to wartime housing shortage as declared by Congress (“a declaration by a legislature concerning public conditions that by necessity and duty it must know, is entitled at least to great respect”)

Goodyear Tire & Rubber Co. v. Haeger, 581 U.S. 101 (decided April 18, 2017): trial court’s sanctions against party for bad-faith litigation conduct is limited to award of legal costs; lawsuit was not “permeated” by refusal to produce test results re: allegedly defective tire

Mohamad v. Palestinian Authority, 566 U.S. 449 (decided April 18, 2012): only individuals, not nations or organizations, can be held liable under the Torture Victim Prevention Act (dismissing suit against Palestinian Authority, Israel, and the PLO for torture and murder of family members)

New York v. New Jersey, 598 U.S. 218 (decided April 18, 2023): New Jersey can secede (my term!) from compact with New York; compact is a contract and with no terms dealing with termination or withdrawal, usual at-will rule applies (this is the Waterfront Commission Compact, formed in 1951 to deal with corruption, but by now almost all waterfront activity is on the New Jersey side)

Kappos v. Hyatt, 566 U.S. 431 (decided April 18, 2012): Federal Rules of Civil Procedure and Federal Rules of Evidence apply to patent suits; federal court can be presented with evidence not presented before Board of Patent Appeals (the applicant, who was trying to patent his “Improved Memory Architecture” software, had forgotten to submit it to the Board -- ha!)

Easley v. Cromartie, 532 U.S. 234 (decided April 18, 2001): issue of fact whether redistricting was due to race (not o.k.) or political gerrymandering (o.k.)

Heintz v. Jenkins, 514 U.S. 291 (decided April 18, 1995): liability under Fair Debt Collection Act extends to collection lawyers, even after they bring suit (here, the infraction seems minor; in notifying defaulting car buyer of amount owed lawyer cited wrong cost of insurance bank had to obtain)

Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (decided April 18, 1995): violation of separation of powers for Congress to require courts to reopen (actually one should just say “open”) final judgments (here, as to securities fraud suits dismissed under prior version of §10(b))

Elfbrandt v. Russell, 384 U.S. 11 (decided April 18, 1966): striking down loyalty oath on Free Association grounds because one can belong to a subversive organization for non-subversive reasons (e.g., membership in Soviet scientific society)

Brookhart v. Janis, 384 U.S. 1 (decided April 18, 1966): right to trial violated when counsel (not the defendant himself) agreed to guilty verdict if “prima facie” case made out by prosecution and no objection to damaging hearsay