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 (legal fiction that state official violating federal law has “stripped himself” of his authority and can be sued individually) applies; suit by independent state watchdog (for intellectually disabled) against state hospital official unlawfully refusing access to records

Dura Pharmaceuticals, Inc. v. Broudo, 544 U.S. 336 (decided April 19, 2005): mere fact of inflated stock price due to corporation’s false impression as to upcoming FDA approval (of asthma spray) is not enough to prove loss in stock fraud (Rule 10b-5) action (must show that stock came down due to misrepresentation)

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 language in Administrative Procedure Act)

Rubin v. Coors Brewing Co., 514 U.S. 476 (decided April 19, 1995): ban on alcohol content on beer labels violates First Amendment 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 charged in federal court for assaulting (same) federal officer; Congress had let tribe 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