Today in Supreme Court History: August 5

Davis v. Adams, 400 U.S. 1203 (decided August 5, 1969): Black upholds stay of Florida statute requiring incumbents of state office to resign that office before running for federal office; Black notes that there is not enough time before election for full Court to rule but believes that it would hold that Florida cannot add qualifications to candidates for federal office (the Court never ruled on the question, but the “resign to run” statute is still in force, with an exception for federal office, see https://www.votepinellas.com/ Candidates-Committees/Candidates/-Resign-to-Run)

Scaggs v. Larsen, 396 U.S. 1206 (decided August 5, 1969): Douglas holds that habeas corpus can be invoked by serviceman who claims that his term of duty was unfairly extended (he was penalized for not reporting for training but he was for some reason not permitted to attend); orders him released; 9th Circuit later affirmed conviction (without opinion) and cert denied, with Douglas dissenting