Today in Supreme Court History: April 27

AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (decided April 27, 2011): Federal Arbitration Act preempts California common law rule against arbitration clauses in consumer contracts (dismissing suit by customers alleging that cell phone “giveaway” was fraudulent because sales tax added to bill)

United States v. Sun-Diamond Growers of California, 526 U.S. 398 (decided April 27, 1999): Agriculture Secretary Mike Espy was one of the only two people in the much-investigated Clinton Administration who actually got indicted (the other was Henry Cisneros). The indictment was for receiving improper gifts (for which he was acquitted). In a probably related case, a lobbyist was charged with giving him $5,900 in “gratuities” (food, hotel rooms, tickets to sports events, etc.). Court holds that the gratuities statute (18 U.S.C. §201(c)(1)(A)) does not apply because there is no showing of what Espy did in return for the gifts (how often can such a showing really be made?).

Georgia v. Public.Resource.Org, Inc., 590 U.S. 255 (decided April 27, 2020): not a copyright infringement to reprint official annotated code (well, duh! hard to believe Georgia sued over this -- the Court says the fact that the code contains annotations makes this case “different” but for a lot of states the official code is an annotated one)

City of Chicago v. Fieldcrest Dairies, 316 U.S. 168 (decided April 27, 1942): whether a city ordinance conflicts with state law (here, over whether milk can be sold in paper containers) should be decided by state courts even though technically federal court also has jurisdiction due to “lurking” Constitutional issue (not named but probably Due Process)

Montana v. Hall, 481 U.S. 400 (decided April 27, 1987): no Double Jeopardy problem with trying defendant for sexual assault after first conviction (for incest with stepchild) was reversed based on incest against stepchildren statute not yet being in effect at time of crime

U.S. Trust Co. of New York v. New Jersey, 431 U.S. 1 (decided April 27, 1977): Contracts Clause (as to Port Authority’s contracts with bondholders) was violated by New Jersey - New York agreement retroactively changing funding mechanism (for decades Robert Moses held king-like power over large sections of New York State because the Contracts Clause kept governors and mayors from interfering with his arrangements with bondholders of his “public authorities”; this ended with Gov. Rockefeller whose brother David’s bank, Chase, held the bonds and dropped all objections)

Hampton v. United States, 425 U.S. 484 (decided April 27, 1976): informant gave defendant heroin which he then sold to undercover police officer; no entrapment because defendant was predisposed to commit crime (he had already offered to buy it for another informant who had heroin tracks on his arm)

Tooahnippah v. Hickel, 397 U.S. 598 (decided April 27, 1970): Will by Native American disposing of allotted land can’t be invalidated by Secretary of the Interior (who has to approve it, 25 U.S.C. §373) so long as it’s rational (doesn’t matter if it seems inequitable)

Harman v. Forssenius, 380 U.S. 528 (decided April 27, 1965): Twenty-Fourth Amendment (invalidating poll taxes for federal elections) violated by Virginia statute requiring either paying poll tax or supplying certificate of residence

Giles v. Harris, 189 U.S. 475 (decided April 27, 1903): federal court can’t order state to register black persons prohibited by state “reverse grandfather clause” statute from being registered (i.e., can only vote if your [necessarily white] grandfather could vote) (this decision was in effect later overruled)