Today in Supreme Court History: March 5

Nebbia v. New York, 291 U.S. 502 (decided March 5, 1934): a pre-“switch” case where Roberts, writing the opinion, sides against the “Four Horsemen”, upholding the New York Milk Board’s setting of maximum and minimum prices, being that milk prices were important to public welfare, no violation of Due Process (maybe OT, but look up the bio of Bronx native Jimmy Savo, a mime popular with Italian Americans of my grandparents’ generation; his family was too poor to afford Grade B milk, used powdered instead, and as a result he didn’t die in typhus epidemic, and that was just the first example of how “hard luck made him a star”)

Ewing v. California, 538 U.S. 11 (decided March 5, 2003): upholding California’s 1993 “three strikes” law (two previous “serious” felonies results in indeterminate life sentence) against Eighth Amendment attack (this was one of several such laws nationwide at the time; Mark Alan Stamaty did a cartoon “debate” where the candidates try to outdo each other -- “TWO strikes and you’re out” -- “ONE strike and you’re out” -- “NO strikes” -- the other candidate is nonplussed and says, “NO strikes?” and she loses the election) (in another debate, the two candidates keep jumping up and down saying “Death Penalty! Death Penalty! Death Penalty!” -- and the one who pauses momentarily to take a breath, loses the election)

The Merino, 22 U.S. 391 (decided March 5, 1824): deals with forfeiture of several ships holding slaves; interesting because as to two of the ships the Court seems to be saying that the 1800 Act prohibiting U.S. ships from carrying slaves from one country to another doesn’t apply to slaves who were already sold, they being at that point merely passengers being transported to their owners

Lance v. Coffman, 549 U.S. 437 (decided March 5, 2007): individual citizens have no standing to contest state supreme court’s revision of redistricting plan

Smith v. Doe, 538 U.S. 84 (decided March 5, 2003): statute requiring registration of convicted sex offenders was not punitive (technically) and therefore was not ex post facto

Ohio v. Kentucky, 410 U.S. 641 (decided March 5, 1973): Ohio precluded, by its long acquiescence, from contesting Kentucky’s claim that its border extended to the far side of the Ohio river; Court notes that its original jurisdiction is basically equitable, not legal (i.e., it can fashion whatever remedy or use any common law theory it wants to)

Harris v. United States, 390 U.S. 234 (decided March 5, 1968): no warrant needed for search of robbery defendant’s impounded vehicle (while closing windows, found registration card showing car belonged to victim)

McKoy v. North Carolina, 494 U.S. 433 (decided March 5, 1990): Eighth Amendment violated by requirement that jurors find mitigating factors precluding death penalty only beyond a reasonable doubt (Marshall writes opinion for a 6 - 3 Court)

Lynch v. Donnelly, 465 U.S. 668 (decided March 5, 1984): Pawtucket, R.I. nativity scene did not violate Establishment Clause; was part of city display with secular elements such as Santa and his sleigh (this case was the birth of the “reindeer rule”)