Today in Supreme Court History: February 16

Barron v. City of Baltimore, 32 U.S. 243 (decided February 16, 1833): Bill of Rights (here, the Fifth Amendment takings clause) applies only to federal action, not state (Barron could not get compensation for City’s modification of stream which silted up his wharf) (I suppose the Maryland constitution had no takings clause); abrogated by the Fourteenth Amendment

Fisher v. Hurst, 333 U.S. 147 (decided February 16, 1948): In Sipuel v. Board of Regents, 1948, (see January 12), the Court had ruled that the University of Oklahoma could not refuse an applicant on account of race, and had remanded the case back to the District Court for implementation. But the District Court ordered that either Ms. Sipuel be admitted, or that UO set up a separate school of law for black students! Here the Court affirms that ridiculous ruling. (The separate law school, “Langston University School of Law”, with her as the only student, didn’t last long. She refused to attend, threatened to sue again, and UO gave in and let her into their existing law school.)

Funk Bros. Seed Co. v. Kalo Inoculant Co., 333 U.S. 127 (decided February 16, 1948): product for injecting nitrogen-fixing bacteria into legumes not patentable; effective agent was the bacteria which is found in nature

The Caledonian, 17 U.S. 100 (decided February 16, 1819): “prize of war” can be captured after it arrives at port (this was an American vessel, with a cargo of rice, captured by the British during the War of 1812)

Woods v. Cloyd W. Miller Co., 333 U.S. 138 (decided February 16, 1948): landlord in “Cleveland Defense Rental Area” fails in his attempt to raise rents 40% - 60%; violated Housing and Rent Act of 1947, which was proper extension of War Powers Act because dealt with dislocations caused by war