Today in Supreme Court History: January 25

Montgomery v. Louisiana, 577 U.S. 190 (decided January 25, 2016): holding of Miller v. Alabama, 2012 (life without parole for juvenile offenders is “cruel and unusual punishment”) is retroactive

Richardson v. Lawrence County, 154 U.S. 536 (decided January 25, 1864): holder of bonds could recover par value even though railroad sold them at 64 cents on the dollar, where county had authorized railroad to sell only at par

Menominee Indian Tribe of Wisconsin v. United States, 577 U.S. 250 (decided January 25, 2016): no equitable tolling of statute of limitations for tribe suing on claim that federal government breached contract by failing to pay support costs for Indian-run health service; tribe mistakenly believed there was a toll until a related class action was decertified (the law on that issue is muddled -- they should have been “better safe than sorry”)

Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447 (decided January 25, 1993): no “attempted monopolization” (§2 of the Sherman Act) where there was no “dangerous probability of success” (this had to do with a new shock-absorbing polymer used in athletic products; manufacturer’s switch to new distributor put old distributors out of business) (“The purpose of the Sherman Act is not to protect businesses from the working of the market; it is to protect the public from the failure of the market”)

Virginia v. American Booksellers Ass’n, 484 U.S. 383 (decided January 25, 1988): certifies question to Virginia Supreme Court as to applicability of new Virginia statute criminalizing display of sexually explicit materials where juveniles could see it insofar as it would apply to juveniles of different ages (Virginia court answered that books in question were not “sexually explicit” as defined in the statute, 236 Va. 168) (books included “Ulysses” and “The Witches of Eastwick”)

Smith v. Hamm, 144 S.Ct. 414 (decided January 25, 2024): As in Hamm v. Miller (see September 22), Alabama wanted to try a new method of execution (nitrogen hypoxia) on someone it tried twice already to execute by lethal injection, and where Sotomayor leads four Justices in wanting execution stayed.  Miller was executed this way on Sept. 26, 2024; Smith, four hours after this decision came down.