Today in Supreme Court History: August 2

Levy v. Parker, 396 U.S. 1204 (decided August 2, 1969): Douglas grants bail to Levy, an army doctor, convicted of Military Code provision (“disorder and neglect to the prejudice of the discipline of the armed forces”) which the Court had just observed, without deciding, might be unconstitutionally vague (O’Callahan v. Parker) (Douglas notes that Brennan had already denied bail -- so why did Douglas have jurisdiction?); Levy had publicly urged black soldiers to refuse to fight in Vietnam; suit dragged on into 1974, with the Court finally holding that the provision was not vague and superseded Levy’s First Amendment rights, 417 U.S. 733.

Barnes v. E-Systems, Inc. Group Hospital Medical & Surgical Ins. Plan, 501 U.S. 1301 (decided August 2, 1991): Scalia grants stay of Circuit Court’s striking down Texas statute as being preempted by ERISA; Scalia notes that requirement that ERISA-related suits be brought in federal courts might be in conflict with Eleventh Amendment; I don’t know what happened to this suit, but related suit resulted in denial of cert, 502 U.S. 981

Pacific Union Conference of Seventh-Day Adventists v. Marshall, 434 U.S. 1305 (decided August 2, 1977): Rehnquist denies stay of discovery order based on lack of jurisdiction (it’s not an appealable order); suit was by lay church employees alleging sex discrimination in pay in violation of Fair Labor Standards Act and church objected on First Amendment grounds to producing payroll records (case was settled before trial in October 1977)