Today in Supreme Court History: June 19

Mapp v. Ohio, 367 U.S. 643 (decided June 19, 1961): exclusionary rule for evidence obtained in violation of the Fourth Amendment applies to state prosecutions as well as federal (police improperly searching for evidence related to bombing found obscene materials instead; Ms. Mapp, once engaged to the boxer Archie Moore, had a colorful life)

New York v. United States, 505 U.S. 144 (decided June 19, 1992): New York’s Tenth Amendment challenge against the United States (not an original jurisdiction case, probably because two N.Y. counties were co-plaintiffs) dismissed as to federal statute allowing states to receive money to house out-of-state nuclear waste, and to refuse waste that does not meet guidelines, but Tenth Amendment does prohibit requirement that state take title to undisposed internal waste

McWilliams v. Dunn, 582 U.S. 183 (decided June 19, 2017): murder defendant needing mental health expert to evaluate defense (Ake v. Oklahoma) is entitled to someone seriously working on the case, not just psychologist volunteering occasional spare time and not present at sentencing hearing

Matal v. Tam, 582 U.S. 218 (decided June 19, 2017): First Amendment violated by denying trademark as “disparaging” (Asian band wanted to use an anti-Asian slur, “The Slants”, so as to “reclaim” the term) (if it was a racist white band dressing in “yellowface” which wanted to use the term in the original hateful sense -- same result?)

Santa Fe Independent School District v. Doe, 530 U.S. 290 (decided June 19, 2000): Establishment Clause prohibited student selected by student council from reciting prayer over public address system before home football games (suit brought by Catholic and Mormon parents)

Torcaso v. Watkins, 367 U.S. 488 (decided June 19, 1961): Maryland could not require notary oath to include belief in God

Ziglar v. Abbasi, 582 U.S. 120 (decided June 19, 2017): refuses to extend Bivens remedy to illegal aliens detained after 9/11 attacks and subjected to harsh and abusive conditions (remember this photo https://www.aljazeera.com/news/2023/3/20/reporters-notebook-taking-the-hood-off-20-years-later); they were detained “pursuant to a high-level executive policy created in the wake of a major terrorist attack on American soil” and such suits would need Congressional authorization

Flood v. Kuhn, 407 U.S. 258 (decided June 19, 1972): rejected Curt Flood’s antitrust challenge to the reserve clause even though other professional sports are not exempt from antitrust (I remember the New York Times editorial criticizing this decision; it was entitled “Misty-Eyed Justice” and pointed to the flowery paean to baseball in Blackmun’s opinion) (this suit in effect ended Flood’s career; he got the Colin Kaepernick treatment afterwards)

Packingham v. North Carolina, 582 U.S. 98 (decided June 19, 2017): First Amendment (freedom of association) violated by statute prohibiting convicted sex offenders from using social media which they know include minors as members

Indiana v. Edwards, 554 U.S. 164 (decided June 19, 2008): trial judge properly refused schizophrenic murder defendant’s request to be his own attorney (though he was found competent to testify) and appointed counsel (the judge in the Colin Ferguson trial should have done this)