Today in Supreme Court History: August 7

captcrisis
Aug 7, 2023
1 min read

Ex parte Clarke, 128 U.S. 395 (decided August 7, 1888): Harlan denies habeas to a steamship operator who had been convicted of selling alcohol in violation of a recently-enacted Pennsylvania statute; rejects argument that the statute is unconstitutional; as an aside he also believes that Congress wouldn’t have the power to override it (maybe this is why a Constitutional amendment ended up being necessary?)

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