Today in Supreme Court History: March 8

Griggs v. Duke Power Co., 401 U.S. 424 (decided March 8, 1971): the first case holding that facially neutral policies which had a “disparate impact” were racially discriminatory under Civil Rights Act of 1964 (here, requiring intelligence tests which those with high school diplomas were far more likely to pass, where whites were more likely to be high school graduates and tests were not related to job ability)

Choctaw Nation of Indians v. United States, 318 U.S. 423 (decided March 8, 1943): resolving a dispute as to lands allotted to the Choctaws and Chickasaws in 1866, under an agreement where they agreed to free their slaves and provide them with an allotment; it looks like only with this decision were the freedmen finally given their allotments, after being in a legal limbo for 77 years

Crawford v. Washington, 541 U.S. 36 (decided March 8, 2004): Sixth Amendment Confrontation Clause overrides state evidence law; wife’s out-of-court statement as to defendant stabbing her rapist, taped and played to the jury without opportunity for cross-examination, held inadmissible no matter how “reliable” (restricting Ohio v. Roberts, 1980, which had led to admitting statements made under “the equivalent of cross-examination”)

Building & Constr. Trades Council v. Associated Builders & Contractors of Massachusetts/Rhode Island, 507 U.S. 218 (decided March 8, 1993): National Labor Relations Act does not preempt Massachusetts regulations as to what a collective bargaining agreement has to contain before state awards contract

Smith v. United States, 507 U.S. 197 (decided March 8, 1993): Antarctica was “foreign country” (even though there’s no government there) so outside purview of Federal Tort Claims Act; widow of federal contractor employee who fell into crevasse in snow field can’t sue

Danforth’s Lessee v. Thomas, 14 U.S. 155 (decided March 8, 1816): can’t enter Indian lands to survey for possible partition; strict construction of state statute, leaving aside whether treaties gave Indians right of property or merely use and enjoyment

Pierce v. United States, 252 U.S. 239 (decided March 8, 1920): upholds guilty verdict in Espionage Act/conspiracy case; handing out leaflets protesting war (“The Price We Pay”) could be said to impede war effort and encourage insubordination; the dissent by Brandeis, joined by Holmes, goes through the facts of the case and is pretty convincing, I think

Ortega-Rodriguez v. United States, 507 U.S. 234 (decided March 8, 1993): Court of Appeals should not have dismissed appeal of narcotics conviction due to defendant’s escaping custody; recaptured before appeal went forward and it was up to the trial court to impose any sanctions

Bread Political Action Committee v. Federal Election Commission, 455 U.S. 577 (decided March 8, 1982): trade association and political action committee did not have standing to invoke expedited review of issue of constitutionality of Federal Election Campaign Act of 1971 (currently codified at 52 U.S.C. §30110); statute affords expedited review only to “The Commission, the national committee of any political party, or any individual eligible to vote for President” (plaintiffs, ironically or maybe obviously, were objecting to the part of the Act which limited solicitations by trade associations and political action committees) (the Court has since eviscerated the Act anyway)