Today in Supreme Court History: April 22

Jones v. Mississippi, 593 U.S. 98 (decided April 22, 2021): not “cruel and unusual punishment” to sentence juvenile to life without parole for homicide so long as it’s discretionary and not mandatory (oh thanks so much -- excuse me while I vomit) (15 year old stabbed his grandfather after fight about boy’s girlfriend)

McCleskey v. Kemp, 481 U.S. 279 (decided April 22, 1987): study showing that death penalty imposed more often on black defendants as to white victims did not show specific discriminatory motivation of this jury so as to vacate death sentence

Navarette v. California, 572 U.S. 393 (decided April 22, 2014): warrantless “investigative” stop comported with Fourth Amendment where anonymous 911 caller reported that a vehicle had run her off the road; police located vehicle with reasonable suspicion of intoxication (marijuana found in car)

Schuette v. Coalition to Defend Affirmative Action, 572 U.S. 291 (decided April 22, 2014): no Equal Protection violation by Michigan constitution amendment forbidding affirmative action in public education, employment or contracting

Nken v. Holder, 556 U.S. 418 (decided April 22, 2009): strict standard of 1996 immigration statute amendment as to appeal of removal orders (must show by “clear and convincing evidence” that removal order was “prohibited as a matter of law”) refers to orders to “enjoin” removal but not to “stay” removal order; traditional factors governing stays apply (Cameroon national claimed he would face persecution if he returned; removal order later vacated by Fourth Circuit, 585 F.3d 818)

Jinks v. Richland County, S.C., 538 U.S. 456 (decided April 22, 2003): upholding against Eleventh Amendment attack 28 U.S.C. §1367(d) which tolls state statutes of limitations while related federal suit is pending (§1983 action arising from mishandling of alcohol withdrawal in jail dismissed, followed by wrongful death suit in state court)

California v. Deep Sea Research, Inc., 523 U.S. 491 (decided April 22, 1998): not a violation of the Eleventh Amendment to contest with state over ownership of shipwreck; wreck not in state’s possession (yet) even though in territorial waters

Lukhard v. Reed, 481 U.S. 368 (decided April 22, 1987): upholding against Due Process attack Reagan-era regulation classifying personal injury awards as “income” sufficient to disqualify welfare benefits (even though IRS regulations say they’re not income because the award is not a gain, but to make you whole again)

New York v. P.J. Video, Inc., 475 U.S. 868 (decided April 22, 1986): First Amendment implications of seizing materials listed in warrant did not change standard “probable cause” requirement (store renting out videos of what today would be considered rather limp porn, including “Debbie Does Dallas” and “Deep Throat”, though the latter has a number of good jokes, e.g., the Medicare card)

Ginsberg v. New York, 390 U.S. 629 (decided April 22, 1968): another porn case, where the Court upholds New York statute prohibiting sale to minors