Today in Supreme Court History: June 17

Fulton v. City of Philadelphia, 593 U.S. 522 (decided June 17, 2021): Free Exercise Clause prevents City from requiring placement agencies (including Catholic ones) to accept same sex couples for foster care program (for years I defended Catholic placement agencies and this is one of many places where people “on the ground” disagree with Church teaching; the open secret is that the Church’s official opposition to same-sex unions is by now practically a laughingstock to its own flock)

School District of Abington Township v. Schempp, 374 U.S. 203 (decided June 17, 1963): bans daily Bible readings in public school (“ten verses . . . without comment”) as violating First Amendment Establishment Clause even though parent could request child be excused (following up on Engel v. Vitale, 1962, which banned school-led prayer) (the verses were chosen by the homeroom teacher; I would have read from Song of Solomon)

Sherbert v. Verner, 374 U.S. 398 (decided June 17, 1963): denying unemployment benefits to Seventh Day Adventist who refused jobs with Saturday work violated her First Amendment free exercise rights; no “compelling state interest” in making her work Saturdays (easy case; many jobs don’t require weekend hours -- but what if she was a Third Day Adventist and couldn’t work on Tuesdays?)

Nestlé USA v. Doe, 593 U.S. 628 (decided June 17, 2021): Alien Tort Statute (which allows foreigners to sue in United States courts) does not extend to allegation by plaintiffs from Mali that they were trafficked as child slaves to harvest cocoa; Court refuses to recognize fourth overseas tort (the three already recognized are violation of promise of safe conduct, infringement of rights of ambassadors, and piracy)

Virginia Uranium v. Warren, 587 U.S. 761 (decided June 17, 2019): state mining laws are not preempted by Atomic Energy Act (here, Virginia ban on mining of uranium)

Int’l Brotherhood of Teamsters v. Vogt, 354 U.S. 284 (decided June 17, 1957): upholding ban on picketing of gravel pit because purpose was not to punish owner but to coerce workers to join union, citing Wisconsin statute prohibiting picketing if no labor dispute

Head v. New Mexico Board of Examiners in Optometry, 374 U.S. 424 (decided June 17, 1963): New Mexico statute prohibiting advertising of optometrist prices applied to enjoin ads in New Mexico newspaper and radio station placed by optometrist located in nearby Texas

Powell v. Texas, 392 U.S. 514 (decided June 17, 1968): disallowing “I can’t help it -- I’m an alcoholic” defense to charge of public intoxication is not Cruel and Unusual Punishment (distinguishing Robinson v. California, 1962, which held that being a drug addict by itself is not a crime, because that’s a status, not an act)

Cardwell v. Lewis, 417 U.S. 583 (decided June 17, 1974): no warrant needed to examine tire treads and take scrapings of exterior paint of car impounded from public parking lot after owner was arrested for murder

California v. Texas, 591 U.S. 659 (decided June 17, 2021): neither States nor citizens have standing to contest individual mandate of the Affordable Care Act; can’t show injury because mandate revised to $0