Today in Supreme Court History: August 16

Russo v. United States, 404 U.S. 1209 (decided August 16, 1971): Douglas dissolves Ninth Circuit stay of contempt conviction; applicant refused to answer grand jury questions and cites the circuit split on whether under Omnibus Crime Bill of 1968 one can refuse if subpoena to testify based on information gathered by illegal wiretapping; Douglas would normally jump at this, but no actual evidence of wiretapping

Bateman v. Arizona, 429 U.S. 1302 (decided August 16, 1976): Rehnquist denies bail to defendant convicted of sodomy who on cert will argue that consensual sodomy falls within right to privacy (but jury found no consent!) (unsurprisingly, cert denied, 429 U.S. 864)

Board of School Comm’rs of Mobile Co. v. Davis, 84 S.Ct. 10 (decided August 16, 1963): Black refuses to stay desegregation order because it was made in accordance with Brown v. Board of Education and clear evidence that such an order was necessary (another example of former Ku Klux Klansman Black getting tough on his home state)

Department of Education v. Louisiana, 603 U.S. 866 (decided August 16, 2024): leaves in place stay of new Department of Education rule defining Title IX (discrimination in education) as including “gender identity” and “sexual orientation”; in dissent Sotomayor points out that the entire rule is now stayed, including as to pregnant students and hostile environment (case is ongoing as of this writing)