Today in Supreme Court History: August 10

Bowen v. Kendrick, 483 U.S. 1304 (decided August 10, 1987): Rehnquist notes that the Court always puts down for full appeal a case where a district judge has declared an Act of Congress to be unconstitutional. So he refuses to lift the judge’s stay of enforcement of the D.C.’s Adolescent Family Life Act, which provided for funding of sexual counseling programs run by religious institutions. However on full appeal, he wrote the opinion holding that the Act (heh) did not violate the Establishment Clause, 487 U.S. 589, 1988.

Heart of Atlanta Motel, Inc. v. United States, 85 S.Ct. 1 (decided August 10, 1964): Black refuses to stay district court orders enjoining restaurants from refusing to serve blacks (not people named Black; people who actually were black). Black (the man this time, not the race) states that a stay would in effect hold the Civil Rights Act of 1964 to be unconstitutional, something which only the full Court can do. (As we know, the Court upheld the district court and “whites only” public accommodations became illegal, 379 U.S. 241, 1964.)

Heckler v. Turner, 468 U.S. 1305 (decided August 10, 1984): Rehnquist stays enforcement of a disputed welfare rule (whether mandatory tax withholdings are a work expense or deducted from income), on which there was a split in the circuits, because Congress had just passed a law resolving the ambiguity. Unsurprisingly, the full Court ultimately decided in accordance with the new law (it’s a work expense -- ?? not helpful for the “working poor”!!), 470 U.S. 184, 1985.