Today in Supreme Court History: June 7

Griswold v. Connecticut, 381 U.S. 479 (decided June 7, 1965): statute outlawing sale of contraceptives violates Fourteenth Amendment; right to privacy makes enumerated rights more secure (Douglas famously says Bill of Rights guarantees “have penumbras, formed by emanations from those guarantees that help give them life and substance”)

Cohen v. California, 403 U.S. 15 (decided June 7, 1971): First Amendment protects immature jerkoff’s right to wear “Fuck the Draft” jacket in courthouse (contrast this guy with the brave schoolchildren in Minersville v. Gobitis)

Sanchez v. Mayorkas, 593 U.S. 409 (decided June 7, 2021): El Salvadoran who obtained Temporary Protected Status in 2001 due to conditions in his home country (devastating earthquakes) but who entered this country illegally in 1997 was properly denied green card

Krupski v. Costa Crociere, 560 U.S. 538 (decided June 7, 2010): This case deals with the pesky “relation back” doctrine (here, F.R.C.P. 15(c)), where you can add a party after the statute of limitations has expired if it got notice of the claim via service on a timely-sued party united in interest with it.  The Court holds that the focus is not on plaintiff’s diligence in finally ascertaining the correct party but on the extent of the new party’s timely knowledge of the allegations.  Suit was for injuries on a cruise ship.

Colorado General Assembly v. Salazar, 541 U.S. 1093 (decided June 7, 2004): In 2003 Republicans took over the Colorado legislature and tried to redistrict despite it being done only the year before (it’s supposed to be once every ten years).  This was rejected by the state Supreme Court.  Here Rehnquist, Scalia and Thomas dissent to the denial of cert, citing the Constitutional guarantee that each state have “a Republican Form of Government” (art. IV, §4) (ha!).

National Prohibition Cases, 253 U.S. 350 (decided June 7, 1920): rejects objections to the adoption of the Eighteenth Amendment (Prohibition): the required vote of both Houses was two-thirds of the quorum, not of the total members; resolution did not have to say that the Amendment was “necessary”; the Amendment is not subject to Commerce Clause restrictions but is an independent part of the Constitution; it is operative in the territories; etc.

Minn v. Dickerson, 508 U.S. 366 (decided June 7, 1993): during a stop and frisk, police officer was attracted to lump in man’s pants and felt it up; it turned out to be cocaine, but he needed a warrant to do that because he already knew it wasn’t a gun (let the jokes begin)

Republic of Austria v. Altmann, 541 U.S. 677 (decided June 7, 2004): can sue for recovery of paintings taken by Nazis (later discovered in Austrian art gallery) as allowed by Foreign Sovereign Immunities Act even though claim arose before FSIA was enacted in 1976 and even before suit against foreign nations was first allowed by Court in 1952

Savage v. Jones, 225 U.S. 501 (decided June 7, 1912): state law requiring inspection of animal feed was valid exercise of police powers; does not violate Dormant Commerce Clause even though “incidentally affects interstate commerce”

Murphy v. California, 225 U.S. 623 (decided June 7, 1912): local ordinance forbidding pool halls does not violate Equal Protection of pool hall owner and was permissible use of police power despite lack of evidence that it was a corrupting influence, because they’ve got Trouble with a capital T and that rhymes with P and that stands for Pool