Today in Supreme Court History: July 7

Commodity Futures Trading Comm’n (CFTC) v. Schor, 478 U.S. 833 (decided July 7, 1986): no separation of powers problem with statute allowing CFTC hearing reparations proceedings against brokers to also have (non-exclusive) jurisdiction over state law counterclaims even though not an Article III court with no trial by jury Bowsher v. Synar, 478 U.S. 714 (decided July 7, 1986): separation of powers violated by Congressional agency official whose deficit reductions the President was bound to follow (this decision basically invalidated the Gramm-Rudman-Hollings Act, an attempt to control the Reagan-era deficit explosion) (a cartoon at the time showed an overweight Congressman walking on a log to cross a river and then the log went “poof!”) University of Tennessee v. Elliott, 478 U.S. 788 (decided July 7, 1986): District Court evaluating racial wrongful termination claim not bound by ALJ determination of no racial intent (not a state court judgment so 28 U.S.C. §1738, requiring federal court to give “full faith and credit”, does not apply) Bethel School District v. Fraser, 478 U.S. 675 (decided July 7, 1986): First Amendment did not protect smartass student’s telling of dirty jokes at school assembly (or “Ass - sembly” -- cue Beavis & Butthead laugh huh-huh huh-huh) Merrell Dow Pharm. v. Thompson, 478 U.S. 804 (decided July 7, 1986): violation of FDA guidelines did not create federal law issue (esp. since Congress did not provide for a private right of action) and so no federal court jurisdiction over case alleging birth defects due to misbranded drug Arcara v. Cloud Books, Inc., 478 U.S. 697 (decided July 7, 1986): fact that premises used for soliciting prostitution also sold (adult) books did not create First Amendment issue when premises (signed as a bookstore) was closed by local police Sam Fox Publishing Co. v. United States, 364 U.S. 801 (decided July 7, 1960): can’t intervene as of right (FRCP 24) to change a consent decree to which one is not bound (music publisher objected to so-ordered agreement between other publishers and ASCAP, an association of songwriters) O’Brien v. Brown, 409 U.S. 1 (decided July 7, 1972): during 1972 Democratic Convention, staying Court of Appeals judgment that Credentials Committee should not have unseated delegates (suit had been brought in District Court just four days before!) (re: that convention, see Hunter S. Thompson’s fascinating account in “Fear and Loathing on the Campaign Trail” of Humphrey’s attempt to game the rules so as to deny the nomination to McGovern, and how this was prevented by McGovern’s forces deliberately losing a vote on a point of order) (I remember Walter Cronkite on TV declaring that McGovern’s nomination was now in danger, then the cut to McGovern headquarters and the correspondent saying, “I don’t mean to disagree with you Walter -- but why are all these kids cheering?”) (Humphrey’s clueless aides were also jubilant, but Humphrey soberly said, “No, they pulled that deliberately”)