Today in Supreme Court History: April 19

Nelson v. Colorado, 581 U.S. 128 (decided April 19, 2017): striking down on Due Process grounds Colorado statute requiring acquitted defendants who seek recoupment of the restitution, fees, etc. they have been required to pay to prove their innocence by clear and convincing evidence (being found not guilty was by itself enough proof)

Missouri v. Holland, 252 U.S. 416 (decided April 19, 1920): Missouri can’t prevent federal game warden from enforcing Migratory Bird Treaty Act (which was based on 1916 treaty with Britain as to protecting birds in Canada and the U.S. and which declared that birds were the property of the respective national governments)

McDaniel v. Paty, 435 U.S. 618 (decided April 19, 1978): Free Exercise clause violated by statute forbidding clergy from serving as delegates to state constitutional convention

Virginia Office for Protection and Advocacy v. Stewart, 563 U.S. 247 (decided April 19, 2011): Ex parte Young exception to state Eleventh Amendment immunity (a legal fiction that a state official who acts illegally has “stripped himself” of his authority and can be sued individually) applies to suit by independent state watchdog (advocating for the intellectually disabled) against state hospital official unlawfully refusing access to records

Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (decided April 19, 2005): investors of corporation which allegedly gave false impression as to FDA approval of new drug resulting in artificial inflation of stock price could allege fraud but not economic loss because no showing of loss because stock then fell

Stone v. INS, 514 U.S. 386 (decided April 19, 1995): moving for reconsideration of deportation order doesn’t toll 90-day deadline for filing appeal (as might be implied by Administrative Procedure Act)

Rubin v. Coors Brewing Co., 514 U.S. 476 (decided April 19, 1995): prohibiting showing alcohol content on beer labels violates First Amendment right to free speech (belch!) (brewers wanted to get into “strength wars”)

J.E.B. v. Alabama, 511 U.S. 127 (decided April 19, 1994): Equal Protection violation to allow jurors to be stricken in paternity suit just because they were men (I would say so!)

United States v. Lara, 541 U.S. 193 (decided April 19, 2004): no Double Jeopardy when defendant convicted in tribal court for assaulting non-Indian policeman was charged in federal court for assaulting (same) federal officer; Congress had allowed tribe to be its own sovereign

Ingraham v. Wright, 430 U.S. 651 (decided April 19, 1977): corporal punishment in public school is not “cruel and unusual punishment”; does not require a hearing