Today in Supreme Court History: May 26

United States v. Salerno, 481 U.S. 739 (decided May 26, 1987): upholding Constitutionality of Bail Reform Act of 1984 which requires denial of bail if after a hearing the court determines that release would be a danger to the community (traditionally the purpose of bail is only to ensure attendance at hearings and trial)

Kellogg Brown & Root Services v. United States, 575 U.S. 650 (decided May 26, 2015): qui tam (“private attorney general”) action against contractors who allegedly falsely billed the government for logistical services in Iraq was time-barred; Wartime Suspension of Limitations Act applied only to criminal prosecutions, not civil actions

Camreta v. Greene, 563 U.S. 692 (decided May 26, 2011): refusing to hear state social worker’s appeal of lower court ruling that she violated Fourth Amendment by conducting warrantless interview with child as to possible sexual abuse; Court can sometimes hear an appeal by a prevailing party (Circuit Court had let her out on qualified immunity but 4A violation remained) but case was moot; child did not appeal her loss, had grown up, moved across country

Montejo v. Louisiana, 556 U.S. 778 (decided May 26, 2009): post-Miranda statements admissible even though defendant not told lawyer had already been appointed (overruling Michigan v. Jackson, 1986)

United States v. Classic, 313 U.S. 299 (decided May 26, 1941):  Congress has power to criminalize misconduct in primary elections for Congress (thereby sustaining convictions of election commissioners who switched votes in favor of Hale Boggs).  (I remember him -- this election started his long career.  He disappeared in a plane crash in Alaska just before winning another re-election in 1972.  His daughter, Cokie Roberts, became a Beltway talking head.)

Quill Corp. v. North Dakota, 504 U.S. 298 (decided May 26, 1992): Dormant Commerce Clause violation where State collects sales and use taxes from out-of-state companies (overruled by South Dakota v. Wayfair, Inc., 2018)

Commil USA v. Cisco Systems, Inc., 575 U.S. 632 (decided May 26, 2015): good-faith belief that there is no valid patent is not a defense to charge of infringement and inducing others to infringe (devices for accessing wireless networks were manufactured and sold by defendant)

United States v. Tinklenberg, 563 U.S. 647 (decided May 26, 2011): time spent on briefing and getting decision on Government’s pretrial motions does not count toward the 70-day deadline of the Speedy Trial Act of 1974 (18 U.S.C. §3161) even if it doesn’t actually delay trial

Haywood v. Drown, 556 U.S. 729 (decided May 26, 2009): a state cannot close its courts to plenary 42 U.S.C. §1983 lawsuits (striking down New York statute requiring any lawsuit against correctional officers to be brought in Court of Claims, where there is no jury trial, punitive damages, or injunctive relief)

Reagan v. Farmers’ Loan and Trust Co., 154 U.S. 362 (decided May 26, 1894): federal suit against state railroad commissioners for official acts (setting rates) was not precluded by Eleventh Amendment; suit was not actually against the state (Texas) but the commissioners and the state statute could be read to allow suit in federal court