Today in Supreme Court History: January 6

Heikkinen v. United States, 355 U.S. 273 (decided January 6, 1958): vacating conviction for disobeying deportation order (due to Communist Party membership) because 1) no evidence that any country was willing to receive him and 2) never told where to report for deportation

United States v. Watts, 519 U.S. 148 (decided January 6, 1997): court can take into account “preponderance of evidence” of illegal possession of guns in sentencing for cocaine offense, even though acquitted of gun charge (where “beyond reasonable doubt” standard had been applied)

Polar Ice Cream & Creamery Co. v. Andrews, 375 U.S. 361 (decided January 6, 1964): Florida can’t require ice cream makers to buy milk in-state (violates Dormant Commerce Clause)

United States v. Butler, 297 U.S. 1 (decided January 6, 1936): what Congress called a “tax” is not really a tax and is outside the Taxing Power (art. I, §8, cl. 1) (this was a “processing tax” which served to shift expenses of complying with agricultural regulations from farmers to food processors) (the Court later abandoned this restrictive view of enumerated powers, see citations in 403 F.3d 272 n.65)