Today in Supreme Court History: June 11

Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (decided June 11, 1993): ordinance prohibiting killing of animal in ceremony not for use as food (Santería) struck down as violating church’s First Amendment rights (ordinance was passed “in direct response to the opening of the church” -- but what if the church had been there for years?)

Husted v. A. Philip Randolph Institute, 584 U.S. 756 (decided June 11, 2018): Ohio’s presumption that voters who don’t return card and don’t vote for four years have moved (and are therefore struck from the rolls) upheld as consistent with National Voter Registration Act of 1993 (hardly seems like a fair rule)

Sveen v. Melin, 584 U.S. 811 (decided June 11, 2018): applying Minnesota’s statute automatically revoking claim on life insurance upon divorce to pre-statute policies did not violate Contracts Clause, art. I, §10, cl. 1; did not change the expectations of the policyholder or of ex-wife (questionable decision; there are various kinds of divorce)

Kyllo v. United States, 533 U.S. 27 (decided June 11, 2001): warrant needed for thermal-imaging device to detect high-intensity lamps (utilized to grow marijuana indoors; I had a friend who did that, circa 1982); device not in general public use and revealed information otherwise unobtainable without physical intrusion

United States v. Eichman, 496 U.S. 310 (decided June 11, 1990): struck down another flag desecration law (like Texas v. Johnson, see June 21) on First Amendment grounds; unlike in Johnson, did not require desecration be associated with a political message (Doonesbury had a comic strip on this while the case was pending: the first panel had an American flag and Mike Doonesbury dared readers to throw the newspaper out, thereby desecrating the flag and breaking that law)

Great American Federal Savings & Loan v. Novotny, 442 U.S. 366 (decided June 11, 1979): male fired after complaining of discrimination against female employees might have Title VII claim but can’t sue directly under 42 U.S.C. §1985(3) (conspiracy to deprive of civil rights); must go through EEOC first

Bluefield Water Works v. Public Service Comm’n, 262 U.S. 679 (decided June 11, 1923): order setting public utility’s rates so low that it wouldn’t earn a return was a “taking” without just compensation

China Agritech Inc. v. Resh, 584 U.S. 732 (decided June 11, 2018): failure-to-get-class-certification tolling of statute of limitations available to putative class members to sue on their own (American Pipe v. Utah, 1974) does not apply to future attempts at class action

Nix v. United States, 467 U.S. 431 (decided June 11, 1984): evidence not excluded if would have been discovered anyway despite police misconduct (body would have been found even though location told to police while being denied right to counsel) (“inevitable discovery rule”)

Paine Lumber Co. v. Neal, 244 U.S. 459 (decided June 11, 1917): Sherman Act does not provide for private parties going to court to stop alleged restraint on trade (here, windowmaking companies trying to stop a union boycott)