Today in Supreme Court History: May 19

In re Whittington, 391 U.S. 341 (decided May 19, 1968): judge’s determination of juvenile as “delinquent” and therefore commitable to institution vacated and remanded to state court for redetermination with Fourteenth Amendment protections (privilege against self-incrimination, etc.)

Petrella v. MGM, 572 U.S. 663 (decided May 19, 2014): widow of co-writer of “Raging Bull” entitled to damages for copyright violation despite passage of 18 years since first alleged violation but entitled to only the past three years’ damages which is the statute of limitations for the statute allowing damages

Leary v. United States, 395 U.S. 6 (decided May 19, 1969): Marihuana Tax Act of 1937 (Timothy Leary was the accused) unconstitutional because it required persons not allowed to possess marijuana to declare it upon entering the country for tax purposes therefore requiring self-incrimination in violation of the Fifth Amendment (Act was repealed in 1970)

Barker Painting Co. v. Local No. 734, 281 U.S. 462 (decided May 19, 1930): Holmes refuses to rule on minimum wage law dispute because case got otherwise disposed of:  “Both sides desired that the Court should go farther afield.  But a Court does all that its duty compels when it confines itself to the controversy before it.  It cannot be required to go into general propositions or prophetic statements of how it is likely to act upon other possible or even probable issues that have not yet arisen.”

Grubb v. Public Utilities Comm’n, 281 U.S. 470 (decided May 19, 1930): wrongful denial of application for proposed interstate bus line can be litigated in state court because federal court does not have exclusive jurisdiction over interstate commerce

Anderson v. Carkins, 135 U.S. 483 (decided May 19, 1890): Homestead Act violated by contract to sell land when seller (who had obtained the land from the government under the Act) lied about it being for his own use as required by Act

Emsheimer v. New Orleans, 186 U.S. 33 (decided May 19, 1902): diversity jurisdiction is determined by residence at the time suit is filed, and is not destroyed by subsequent move (dispute over promissory note)

Fillippon v. Albion Vein Slate Co., 250 U.S. 76 (decided May 19, 1919): reversible error for judge to give instruction to jury without parties and their counsel being present (suit was for workplace injury)

Inyo County v. Paiute-Shoshone Indians of Bishop Community, 538 U.S. 701 (decided May 19, 2003): tribe could not sue under 42 U.S. §1983 because it protected only private persons and not sovereigns (issue was whether tribe had to comply with search warrant for records of employee accused of welfare fraud)