Today in Supreme Court History: August 2

Levy v. Parker, 396 U.S. 1204 (decided August 2, 1969): Douglas grants bail to army doctor convicted under Military Code provision (“disorder and neglect to the prejudice of discipline of the armed forces”) which the Court had just suggested might be impermissibly vague (O’Callahan v. Parker) (Brennan had already denied bail, but Court Rule 22.4 allows a second try to another Justice); doctor 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to fight in Vietnam; suit dragged on into 1974, with the Court finally holding that the provision was not vague and superseded Levy’s First Amendment rights, 417 U.S. 733

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 by 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 settled before trial in October 1977)