Today in Supreme Court History: May 2

Environmental Defense v. Duke Energy Corp., 549 U.S. 561 (decided April 2, 2007): “modification” can mean different things in different (complicated) environmental statutes; the upshot was that this coal-fired plant should have gotten a permit before upgrading

Florence v. Board of Chosen Freeholders of City of Burlington, 566 U.S. 318 (decided April 2, 2012): strip search upon incarceration is not unreasonable under Fourth Amendment

Encino Motorcars v. Navarro, 584 U.S. 79 (decided April 2, 2018): the guy at the auto dealership who tells you about service contract options doesn’t have to be paid overtime -- he’s one of those people “servicing” autos who is exempt from the Fair Labor Standards Act

Kisela v. Hughes, 584 U.S. 100 (decided April 2, 2018): shooting plaintiff who was holding a knife over another woman and wouldn’t drop it does not violate “clearly established law” (I hope not!), therefore qualified immunity; §1983 allegation of excessive force dismissed

McCutcheon v. Federal Election Comm’n, 572 U.S. 185 (decided April 2, 2014): statute limiting total amount one can donate to political candidates/committees violates First Amendment; 5 - 4 decision

Northwest, Inc. v. Ginsberg, 572 U.S. 273 (decided April 2, 2014): extra-contractual claims against airline which revoked frequent flyer status (misrepresentation, breach of duty of good faith and fair dealing) preempted by Airline Deregulation Act

De La Rama v. De La Rama, 201 U.S. 303 (decided April 2, 1906): upholding Philippine divorce verdict; wife established adultery by proof that husband abandoned her and shacked up with three women, getting all of them pregnant (I would say the wife made out her case)

Rehberg v. Paulk, 566 U.S. 356 (decided April 2, 2012): grand jury witness who allegedly fabricated evidence can’t be sued for damages under §1983; enjoyed same immunity as a trial witness (can’t blame the accused for trying to sue; grand jury had returned three indictments, all of them dismissed for insufficiency of evidence)

Texas v. Cobb, 532 U.S. 162 (decided April 2, 2001): no denial of right to counsel when charged with one crime (burglary) but confessed to separate uncharged crime (murder of occupants); 5 - 4 decision

United States v. Caceres, 440 U.S. 741 (decided April 2, 1979): conversation with IRS agent admissible in bribery trial even though recorded in violation of IRS protocols