Today in Supreme Court History: July 17

Rubin v. United States, 524 U.S. 1301 (decided July 17, 1998): Rehnquist denies motion to stay subpoenas for testimony of Secret Service officers as to what they overheard Clinton say in regard to the matters Kenneth Starr was investigating; Rehnquist concedes that “confidentiality” and “the physical safety of the President” are implicated, and assumes for the purpose of the motion that cert would be granted, but then denies the application on the grounds that the Circuit Court’s decision requiring compliance would be affirmed (?). Cert was denied, 525 U.S. 990, with strong dissents from Breyer and Ginsburg noting the history of Secret Service agents in close proximity to the President (and within earshot of his conversations) foiling assassination attempts (IOW, allowing these subpoenas will encourage future Presidents to absent themselves from Secret Service protection whenever sensitive matters are discussed).

Benten v. Kessler, 505 U.S. 1084 (decided July 17, 1992): rejecting pregnant woman’s request for return of the French abortion pill RU-486, which had been confiscated when she entered the country

Reproductive Services, Inc. v. Walker, 439 U.S. 1307 (decided July 17, 1978): In this abortion case involving medical malpractice and false advertising, where records as to five other patients had been subpoenaed, Brennan stays Texas court proceedings pending filing of a cert petition because the parties could not agree on keeping the patients’ names confidential. Brennan says issue presented -- whether patient names can be obtained without a protective order -- would merit granting cert, but cert was in fact denied on jurisdictional grounds, 439 U.S. 1133 (1979).