Today in Supreme Court History: May 15

United States v. Miller, 307 U.S. 174 (decided May 15, 1939:)  Second Amendment guarantees only right to keep and bear arms in “reasonable relationship to the preservation or efficiency of a well regulated militia”.  Contains long discussion of Articles of Confederation period, such as sentiment in favor of militias so as to obviate creation of a standing army and militia possession and training requirements states placed on males.  The sawed-off shotgun at issue was not reasonably a militia weapon and therefore statute penalizing possession of such weapons (and requiring federal agency approval of any ownership or transfer of even militia-type weapons) was within Congress’s power.

United States v. Morrison, 529 U.S. 598 (decided May 15, 2000): statute allowing civil remedy for victims of gender-related violence was outside Congress’s Commerce Clause power nor did Equal Protection clause apply to private conduct

In re Gault, 387 U.S. 1 (decided May 15, 1967): juvenile and his parents are entitled to due process (e.g., assistance of counsel, protection against self-incrimination) before commitment to “industrial school” as a delinquent

Fong Yue Ting v. United States, 149 U.S. 698 (decided May 15, 1893): United States could expel without due process any Chinese laborer who does not get a residency card from the IRS within the first year

Kindred Nursing Centers et al. v. Clark, 581 U.S. 246 (decided May 15, 2017): effect under Kentucky law of power of attorney given to relatives of nursing home resident was to exclude agreeing to arbitration from scope of authority and therefore was in violation of the Federal Arbitration Act; arbitration clause in contract therefore applied and lawsuit alleging negligence was dismissed

Randon v. Toby, 52 U.S. 493 (decided May 15, 1851): “The buying and selling of negroes, in a State where slavery is tolerated, and where color is prima facie evidence that such is the status of the person, cannot be said to be an illegal contract, and void on that account.  The crime committed by those who introduced the negroes into the country does not attach to all those who may afterwards purchase them.”

Kulko v. Superior Court of California, 436 U.S. 84 (decided May 15, 1978): California court had no jurisdiction over father in alimony dispute because he did not live there even though he had consented to mother and children moving to California from New York in contravention of the separation agreement

Hubbard v. United States, 514 U.S. 695 (decided May 15, 1995): 18 U.S.C. §1001 (criminalizing false statements made to federal officials) doesn’t apply to lying in court (overruling United States v. Bramblett, 1955) (this holding prompted an amendment to §1001 to make it conform with Bramblett)

Stephens v. Cherokee Nation, 174 U.S. 445 (decided May 15, 1899): application for “citizenship” in tribe allowing participation in election of tribal commission and access to United States courts can be denied without due process safeguards