Today in Supreme Court History: July 2

Gregg v. Georgia, 428 U.S. 153 (decided July 2, 1976): death penalty is ok if rendered by jury in separate sentencing phase with established aggravating and mitigating factors and appellate review provided as to disproportionality (in a sense overruling Furman v. Georgia, 1972)

Roberts v. Louisiana, 428 U.S. 325 (decided July 2, 1976): (citing Gregg) death penalty unconstitutional if mandatory for certain crimes

Proffitt v. Florida, 428 U.S. 242 (decided July 2, 1976): Florida death penalty is now o.k. because it has been changed along the lines of the Georgia law in Gregg

Fullilove v. Klutznick, 448 U.S. 448 (decided July 2, 1980): upholds against Equal Protection attack statute requiring 10% of funds for public works to go to minority contractors (fractured opinions, which allowed a later Court to more or less overrule this case and require strict scrutiny for such set-asides, Adarand Constructors v. Pena, 1995)

New York v. Ferber, 458 U.S. 747 (decided July 2, 1982): First Amendment not violated by bans on children engaged in sexual activity (here, boys masturbating) even if not “obscene” (i.e., even if it has educational value and does not involve putting penis into some orifice)

Hobby v. United States, 468 U.S. 339 (decided July 2, 1984): even if discrimination in selection of grand jury foremen (for 7 years, none had been black), does not violate due process so as to dismiss indictment

Randall v. Loftsgaarden, 478 U.S. 647 (decided July 2, 1986): even when purchased as tax shelter, rescission benefits awarded to investor after fraud is found do not set off tax benefits received from the shelter

Berkemer v. McCarty, 468 U.S. 420 (decided July 2, 1984): Miranda warning must be given when arrested for misdemeanors (drunk driving -- which the Court calls a “minor traffic offense”??) and well as felonies

Columbus Board of Education v. Penick, 443 U.S. 449 (decided July 2, 1979): Columbus, O. school district violated Brown desegregation order because practice of assigning only black teachers to black schools and pattern of new school placements in effect perpetuated segregation

Richmond Newspapers v. Virginia, 448 U.S. 555 (decided July 2, 1980): closing courthouse for criminal trial (defense moved for it, no one objected) violated Sixth Amendment (public trial) and First Amendment (freedom of press); extensive opinion going through the historical rationale for Sixth Amendment right; distinguished Gannett v. DePasquale, 1979, which dealt with pretrial arguments, not trials