Today in Supreme Court History: March 22

Eisenstadt v. Baird, 405 U.S. 438 (decided March 22, 1972): Massachusetts statute prohibiting sale of contraceptives to single people (but not married people) violates Equal Protection

Star Athletica LLC v. Varsity Brands, Inc., 580 U.S. 405 (decided March 22, 2017): issue of fact as to whether arrangement of lines, chevrons, and colorful shapes on cheerleading uniform are “original works of art” (copyrightable) or just “industrial designs” (not) -- unfortunately we don’t get pics of cheerleaders, but Breyer’s dissent appends photos of objects that illustrate the distinction, e.g., two versions of siamese cat lamp

Czyzewski v. Jevic Holding Corp., 580 U.S. 451 (decided March 22, 2017): bankruptcy court needs creditors’ consent before it changes normal order of distribution (here, former employees with wage claims found themselves getting nothing, while leveraged buyout beneficiaries got paid)

Endrew F. v. Douglas County School District, 580 U.S. 386 (decided March 22, 2017): parents of autistic child could get reimbursement of private school expenses if public school did not provide services tailored to child’s needs in accordance with Individuals with Disabilities Education Act (for which it gets federal funds); judgment for defendant vacated and remanded for trial (from the description of the facts it seems that the adjustments would have been considerable; the private school was a small academy specializing in educating autistic children)

Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1 (decided March 22, 2011): even if it’s just a verbal complaint, not a written one (worker complained about time clocks which were placed so that they could be punched only after protective gear was put on, and threatened to sue), you can’t be discharged in retaliation under the Fair Labor Standards Act

Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. 27 (decided March 22, 2011): securities fraud case could go forward: company told investors it had concluded that its nasal spray did not cause loss of smell when in fact it had not done any studies on it (by 2006 hundreds of lawsuits from anosmic users had been filed)

Georgia v. Randolph, 547 U.S. 103 (decided March 22, 2006): can’t search apartment based on wife’s consent if husband refuses (cocaine found is suppressed)

Muehler v. Mena, 544 U.S. 93 (decided March 22, 2005): officers conducting search (based on warrant alleging involvement in gang-related drive-by shooting) were justified in handcuffing defendant and asking about her immigration status (5 - 4 decision)

Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205 (decided March 22, 2000): Wal-Mart took photos of Samara flowery dresses being sold to J.C. Penney and arranged for knock-offs that looked the same. “Trade dress” (ha) infringement? Only if the public thought it was a Samara dress. Remanded for new trial

Board of Estimate of City of New York v. Morris, 489 U.S. 688 (decided March 22, 1989): When I was a kid I calculated that if NYC’s governing body was apportioned by population, it would have to have 43 members before Staten Island deserved a single seat. The Board of Estimate, ruling “Greater New York” since its founding in 1898 and consisting of three citywide officers and the five borough presidents, grossly violated “one person, one vote”. This case finally put an end to that.