Today in Supreme Court History: July 8

Secretary of the Navy v. Avrech, 418 U.S. 676 (decided July 8, 1974): soldier busted down to private for publishing a “disloyal” statement; Court refuses to hear case because service personnel do not enjoy full First Amendment rights (citing Parker v. Levy, 1974)

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. --- (decided July 8, 2020): “ministerial exception” to First Amendment (as to teachers of religion) precludes age discrimination and disability discrimination lawsuits (I don’t know of any Catholic doctrine that says old people or disabled people can’t teach religion -- in fact the Church has long been happy to be guided by decrepit and disabled Popes)

Little Sisters of the Poor SS. Peter & Paul Home v. Pennsylvania, 591 U.S. 657 (decided July 8, 2020): upholding federal exemptions allowing religious institutions to opt out of Affordable Care Act’s contraceptive insurance coverage requirement even though not promulgated in accordance with Administrative Procedure Act

Wardlow v. Texas, 591 U.S. --- (decided July 8, 2020): denying stay of execution and rejecting psychiatrists’ opinion that youth of defendant prevented his full knowledge of crime; Wardlow (who at age 18 had killed someone during a burglary) was executed by lethal injection 28 minutes after decision came down

Sutherland v. Illinois, 418 U.S. 907 (decided July 8, 1974): refusing to review judgment that flag with peace symbol displayed on private property was protected by First Amendment; issue already decided in favor of flag bearer via Spence v. Washington, two weeks before (see June 26)

Farrell v. Iowa, 418 U.S. 907 (decided July 8, 1974): denying certiorari in case involving flag desecration as part of political speech (citing Spence)

Cahn v. Long Island Vietnam Moratorium Committee, 418 U.S. 906 (decided July 8, 1974): affirming decision vacating conviction for placing the “Peace Symbol” upon the Flag (citing Spence)