Today in Supreme Court History: February 19

Ogden v. Saunders, 25 U.S. 213 (decided February 19, 1827): states may legislate to any extent not prohibited by the Constitution and not exclusively the domain of Congress; specifically, Congress’s power to “establish uniform laws on bankruptcies throughout the United States” doesn’t prevent states from creating their own bankruptcy statutes so long as they don’t conflict with federal law and don’t affect contracts in effect before statutes went into effect (a long, long decision, with lots of opinions; this is about all one can say as to the “majority” written by Johnson)

United States v. Detroit Timber & Lumber Co., 200 U.S. 321 (decided February 19, 1906): A dispute over ownership of some forest land, but why does this case name sound familiar to lawyers? Because it's added to the syllabus of every Court case to remind us that the syllabus, written by the reporter, is not part of the holding or the opinion and should never be cited. Here, the Government relied on a headnote in Hawley v. Diller, 1900, which the Court says was not relevant to the facts of that case. (Someone applying for our law review did this regularly in his submission -- one of the editors, a friend of mine, was pleased to “ding” him on his laziness because he was generally an asshole -- he didn’t fix the problem, gave up on applying, and went on to become a trial lawyer.)

Owasso Independent School District v. Falvo, 534 U.S. 426 (decided February 19, 2002): Family Educational Rights and Privacy Act of 1974, which requires confidentiality of grades recorded by school, not violated by “peer grading” (students grading each other’s assignments per teacher instructions and calling the grades out); suit was brought by parent whose child was embarrassed by this

Lynce v. Mathis, 519 U.S. 433 (decided February 19, 1997): Florida statute retroactively canceling early release program (so that released prisoners were reincarcerated) violated Ex Post Facto clause (art. I, §10)

Beverly v. Brooke, 15 U.S. 100 (decided February 19, 1817): owner of slaves who escaped during voyage could not recover value of slaves from master of vessel; opinion by Marshall recounts master’s attempts to land at various European ports blockaded during Napoleon’s “Continental System” attempt to strangle British and American shipping

Maryland v. Wilson, 519 U.S. 408 (decided February 19, 1997): police at traffic stop may order passengers out of car “after noticing apparent nervousness”; cocaine falling to ground during exit was admissible

Regents of the University of California v. Doe, 519 U.S. 425 (decided February 19, 1997): state university enjoyed Eleventh Amendment immunity from suit in federal court even though per prior agreement with federal government it would be indemnified for any judgment against it (this was a breach of contract suit by employee of federally owned laboratory operated by university)

United States v. Bhagat Singh Thind, 261 U.S. 204 (decided February 19, 1923): Sikh not allowed to become naturalized citizen because not “white” or “black” (the acceptable categories under the then current law)