Today in Supreme Court History: December 6

Palko v. Connecticut, 302 U.S. 319 (decided December 6, 1937): Fifth Amendment’s prohibition of double jeopardy did not apply to the states (upholding Connecticut statute allowing prosecution to appeal a lesser-charge conviction so as to get retrial on more serious charge) (overruled by Benton v. Maryland, 1969)

Salman v. United States, 580 U.S. 39 (decided December 6, 2016): in prosecution under §10-b of Securities Exchange Act of 1934, jury could infer that source of information (here, as to potential mergers/acquisitions) received a personal benefit from the tip (this is necessary for conviction under §10-b) because he was brother-in-law of defendant (who made about $1.5 million trading on the information) even though source did not make any $ himself

Reich v. Collins, 513 U.S. 106 (decided December 6, 1994): Georgia Supreme Court can’t retroactively construe its statute allowing refund of illegally collected taxes so as to avoid refunding a tax on federal retirement benefits which had been declared unconstitutional (by Davis v. Michigan Dept. of Treasury, 1989)