Today in Supreme Court History: March 25

United States v. Quality Stores, Inc., 572 U.S. 141 (decided March 25, 2014): must withhold FICA from severance pay because it’s “wages” (?)

Robertson v. Seattle Audubon Society, 503 U.S. 429 (decided March 25, 1992): statute declaring that new management of timber operations (balancing survival of spotted owl with economic growth) resolves the issues in two named lawsuits (in effect directing judges to reach a certain result) did not violate separation of powers: statute also sets new legal standards, binding both officials and judges

Suter v. Artist M., 503 U.S. 347 (decided March 25, 1992): can’t sue for state agency’s failure to provide services to neglected/abused children; Adoption Assistance and Child Welfare Act doesn’t provide for private cause of action nor is actionable via §1983

Alaska Airlines v. Brock, 480 U.S. 678 (decided March 25, 1987): subsection in Airline Deregulation Act of 1978 providing for Congress to approve or veto any rule issued by new agency was legislative veto (a no-no since INS v. Chadha, 1983) but can be severed from rest of Act, which provided for employee protections

Johnson v. Transportation Agency, Santa Clara County, California, 480 U.S. 616 (decided March 25, 1987): county Affirmative Action Plan can allow females to be promoted over males with higher test scores despite Title VII (that’s pretty much what affirmative action means)

Torres v. Madrid, 592 U.S. 306 (decided March 25, 2021): bullets hitting suspect’s car as she tried to get away was a Fourth Amendment “seizure” so remanded for determination of whether it was “reasonable” and whether qualified immunity

Bender v. Williamsport Area School District, 475 U.S. 534 (decided March 25, 1986): school board member had no standing to appeal order allowing students to hold nondenominational prayer group on school grounds (the district itself decided not to appeal)

Goldman v. Weinberger, 475 U.S. 503 (decided March 25, 1986): ordained rabbi was required to take yarmulke off per Air Force regulations while on duty despite First Amendment

Pembauer v. City of Cincinnati, 475 U.S. 469 (decided March 25, 1986): I learned a new word with this case: capias, an Ohio term for warrant for arrest.  County could be sued under §1983 for alleged Fourth Amendment violation because it set policy and ordered the sheriff to enter physician’s office in welfare fraud investigation after physician blew off subpoena and barred door when they tried to serve capiases, forcing them to chop down door with an axe (I bet that caused the patients in the waiting room to look up from those old magazines).

Orozaco v. Texas, 394 U.S. 324 (decided March 25, 1969): confession obtained in defendant’s bedroom at 4 a.m. while under arrest inadmissible because not given Miranda warning; in dissent White and Stewart, who had dissented in Miranda, point out that there was no prolonged or abusive interrogation; Harlan, who had also dissented, sees no way out of applying Miranda in any custodial context