Today in Supreme Court History: June 18

Walker v. Sons of Confederate Veterans, 576 U.S. 200 (decided June 18, 2015): Texas can refuse request to put Confederate flag on license plate; it’s “government speech” and government can determine content

Allen Bradley Co. v. Local Union No. 3 Teamsters, 325 U.S. 797 (decided June 18, 1945): Sherman Act violated by union and employers working in concert to exclude competition (here, electrical workers and manufacturers excluding out of state manufacturers outside union’s geographical bargaining jurisdiction)

Department of Homeland Security v. Regents of the Univ. California, 591 U.S. 1 (decided June 18, 2020): cancels Trump Administration’s attempt to rescind DACA program (Obama-era program allowing those who entered United States illegally as children to apply for deferral of removal, work authorization, etc.); rescission was done without explanation (e.g., “what if anything to do about the hardship to DACA recipients”) in violation of Administrative Procedure Act

Yeager v. United States, 557 U.S. 110 (decided June 18, 2009): acquittal on wire fraud precluded retrial on Double Jeopardy grounds even though it was logically inconsistent with the jury failing to reach a verdict on insider trading and money laundering

Gross v. FBL Financial Services, Inc., 557 U.S. 167 (decided June 18, 2009): plaintiff alleging age discrimination under ADEA must show but-for causation (i.e., age was the only reason for adverse employment event) instead of mixed-motive causation (e.g., also due to corporate restructuring); 5 - 4 decision

Barnes v. United States, 412 U.S. 837 (decided June 18, 1973): jury did not need to be instructed that defendant possessing stolen/forged Treasury checks must have known they were stolen from the mails (an element of the crime) (I learned that passing along a forged document, like a check, is called “uttering”)

United States v. Helstoski, 442 U.S. 477 (decided June 18, 1979): under Free Speech and Debate clause evidence of what Congressman did in Congress in exchange for bribes cannot be introduced (so how can you prosecute Helstoski, who took money from foreign nationals in exchange for introducing private bills allowing them to stay in country? because of this decision he went free though charges ended his career)

Ohio v. Clark, 576 U.S. 237 (decided June 18, 2015): Confrontation Clause did not require exclusion of preschooler’s answer to teacher that bruises were inflicted by defendant (statement was not “testimonial” because not used to assemble evidence; teacher wanted to know if her duty to report abuse was triggered) (sounds to me like stretching to admit a statement that obviously had to be admitted)

Zobrest v. Catalina Foothills School District, 509 U.S. 1 (decided June 18, 1993): Individuals with Disabilities Education Act required school district to provide sign language interpreter for deaf child in Catholic school even though she would at times be relaying religious ideas

Torres v. Puerto Rico, 442 U.S. 465 (decided June 18, 1979): warrant needed to search luggage of persons traveling from mainland United States to Puerto Rico just like with all other non-international travel

United States v. Skrmetti, 605 U.S. --- (decided June 18, 2025): state (Tennessee) can ban hormonal and surgical transgender treatment for minors even with parental consent; no violation of Equal Protection because does not discriminate against either male or female (reminds me of the argument against overturning bans on interracial marriages: both races were burdened equally); Roberts admits “untreated gender dysphoria may result in severe physical and psychological harms”, but accepts legislature’s “findings” that hormonal treatments can result in sterility, mental illness, etc.)  (I’d like to hibernate for 30 years and wake up when all these transgender issues have been sorted out)