Today in Supreme Court History: August 17

Arrow Transportation Co. v. Southern Ry. Co., 83 S.Ct. 1 (decided August 17, 1962): Black continues restraining order as to railway rates which plaintiff barge operator argues are so low (below cost) as to destroy barge industry in violation of Interstate Commerce Commission Act; notes federal question and likelihood of granting cert (however the Court ultimately dismissed the case as premature, the new rates having been suspended by the ICC pending administrative review, 372 U.S. 658, 1963)

Edwards v. Hope Medical Group for Women, 512 U.S. 1301 (decided August 17, 1994): Scalia denies stay of order preventing enforcement of Louisiana statute prohibiting public funds from being used to pay for abortions except to save life of mother; Hyde Amendment did not apply to this type of funding, states accepting Medicaid were required to provide such coverage, and cert had been denied in similar cases

Sellers v. United States, 89 S.Ct. 36 (decided August 17, 1968): Black denies request to suspend bail for civil rights activist convicted of rioting; though defendant had gone on unauthorized trip to Japan, made bellicose statements and was involved in another incident, he had always shown up for court dates and was not a flight risk (all the other defendants were white and were acquitted; the only casualties were protesters shot dead by police; defendant was pardoned by South Carolina Governor Campbell, a Republican, in 1993 and became president of a historically black college)