Today in Supreme Court History: August 31

Harris v. United States, 404 U.S. 1232 (decided August 31, 1971): Douglas, reversing both the District Court and the Court of Appeals, grants bail to defendant convicted of drug trafficking; notes reversal on merits possible because scanty evidence that defendant knew his truck contained narcotics, and not flight risk because he worked steadily as mechanic, had family in the area, and had never missed a court date

Bandy v. United States, 81 S.Ct. 25 (decided August 31, 1960): again Douglas grants bail, this time after Whittaker denied it, noting that prosecution does not oppose (must have been one of Whittaker’s many “bad” days)

Winston-Salem/Forsyth Co. Board of Education v. Scott, 404 U.S. 1221 (decided August 31, 1971): Burger, noting that the stay of a desegregation order should have been presented earlier, sits on the application for five days and then says it’s too late for it now because the school year started yesterday