Today in Supreme Court History: February 10

Everson v. Board of Education, 330 U.S. 1 (decided February 10, 1947): upholds against Establishment Clause and Due Process attack statute allowing reimbursement of parents for costs of busing to both public and Catholic schools (if you wonder why “bused” and “busing” don’t have double s’s, remember that there is a word “buss” which means to kiss — in my view any racial segregation situation would have been improved by replacing “busing” with “bussing”)

Borden’s Farm Products v. Ten Eyck, 297 U.S. 251 (decided February 10, 1936): Not denial of Equal Protection for New York to apply minimum milk price rule only to dealers having “a well advertised trade name”.  The dissent, by the “Four Horsemen”, seems convincing: “Here appellant differs from favored dealers only in that it possesses a well-advertised brand, while they do not.  And solely because of that fact, the Legislature undertook to handicap it and thus enable others profitably to share the trade.  There is no question of unfair trade practices or monopoly.  By fair advertisement and commendable service, appellant acquired the public’s good will.  The purpose is to deprive it of the right to benefit by this and thereby aid competitors to secure the business.  This is grossly arbitrary and oppressive.”

Oklahoma v. United States Civil Service Commission, 330 U.S. 127 (decided February 10, 1947): upholding against Tenth Amendment attack United States Civil Service Commission order pursuant to Hatch Act withholding highway funds from Oklahoma because it would not remove member of its highway commission despite admitted violation (he violated it in a big way: he was the chairman of the Democratic State Central Committee)

Milk Wagon Drivers Union of Chicago v. Meadowmoor Dairies, 312 U.S. 287 (decided February 10, 1941): Court could not review state court’s finding of fact as to violence and so sustains injunction against picketing despite Fourteenth Amendment attack (union was protesting dairies outsourcing deliveries to vendors who did not observe workplace standards)

American Federation of Labor v. Swing, 312 U.S. 321 (decided February 10, 1941): decided the same day as Milk Wagon Drivers, but here reversing on First Amendment grounds state court decision that picketing beauty shop for refusal to allow unionization is against common law of state if no direct dispute between employer and employees