Today in Supreme Court History: March 23

Comcast Corp. v. National Ass’n of African American-Owned Media, 589 U.S. 327 (decided March 23, 2020): owner of African-American owned network must show that he was denied slot on cable TV service due to race (“but-for” causation); remands to examine Complaint under proper standard

Reno v. Flores, 507 U.S. 292 (decided March 23, 1993): no Due Process violation in regulation prohibiting release of juvenile aliens if no family member or guardian claims them (teenagers suspected of being deportable)

Allen v. Cooper, 589 U.S. 248 (decided March 23, 2020): Congress has no power to abrogate a state’s Eleventh Amendment immunity as to copyright violations (plaintiff sued North Carolina in federal court for posting his videos of a shipwreck; Court strikes down relevant section of Copyright Remedy Clarification Act of 1990)

Lynch v. Household Finance Corp., 405 U.S. 538 (decided March 23, 1972): Anti-Injunction Act (28 U.S.C. §2283) did not prevent federal court from staying on Due Process grounds pre-suit garnishment of wages permitted by state law; no “state proceeding” in existence yet

Goldberg v. Kelly, 397 U.S. 254 (decided March 23, 1970): state can’t terminate welfare benefits without hearing

Ex Parte Young, 209 U.S. 123 (decided March 23, 1908): state can’t (without a hearing) set rates so high that railroads would be forced to go to court to contest them (this case created the legal fiction that a state official who violates federal law is “stripped” of his state status and therefore there is no Eleventh Amendment violation in suing him in federal court for injunctive relief)

Kahler v. Kansas, 589 U.S. 271 (decided March 23, 2020): upholding against Eighth Amendment attack Kansas statute prohibiting insanity defense as to guilt (can be asserted only as to sentencing)

South Florida Water Mgmt. District v. Miccosukee Tribe of Indians, 541 U.S. 95 (decided March 23, 2004): describes legal standard where tribe protests pollution due to pumping water from Everglades pond without special permit

Kumho Tire Co. v. Carmichael, 526 U.S. 137 (decided March 23, 1999): Daubert (expert testimony must be based on reliable principles reliably applied) also applies to non-scientific testimony (precluding expert testifying as to cause of tread wear pattern on allegedly defective tire who could not determine how many miles it had been driven)

Lyng v. International Union, United Automotive, Aerospace and Agricultural Implement Workers of America, 485 U.S. 360 (decided March 23, 1988): upholding against Due Process and Freedom of Association attack Reagan-era rule cutting off or reducing welfare if decrease in income due to being on strike