Today in Supreme Court History: May 27

Schechter Poultry Corp. v. United States, 295 U.S. 495 (decided May 27, 1935) (the “sick chicken case”): invalidated many provisions of the National Industrial Recovery Act (which allowed the Executive Branch to issue regulations as to sale of chickens, and as to wages, prices) as improper delegation of Congressional power, and outside Congress’s authority anyway because Commerce Clause power did not extend to effects on interstate commerce which were only indirect

San Antonio v. Hotels.com, LP, 593 U.S. 330 (decided May 27, 2021): Fed.R. App. Pro. 39(e), entitled “costs on appeal taxable in the District Court”, refers only to the location of the entry of cost award and does not allow the District Court to change the determination of the Circuit Court as to costs on appeal made pursuant to 39(a)

SEC v. W.J. Howey Co., 328 U.S. 293 (decided May 27, 1946): an offering of units of a citrus grove development is “investment contract” under Securities Act of 1933, has to be registered as a security

United States v. Schwimmer, 279 U.S. 644 (decided May 27, 1929): pacifist denied citizenship because during interview she refused to promise to take up arms in defense of the United States (not that, as a female, she would ever be required to!)

Plumhoff v. Rickard, 572 U.S. 765 (decided May 27, 2014): not unreasonable and not use of “excessive force” to shoot into vehicle during over-100 mph chase; qualified immunity in §1983 suit

Humphrey’s Executor v. United States, 295 U.S. 602 (decided May 27, 1935): commissioners with quasi-judicial-legislative (as opposed to executive) functions (like the Federal Trade Commission) can be removed by the President only for the reasons cited in the enabling act (such as “inefficiency, neglect of duty, or malfeasance” in FTC Act) (this case will likely be overruled soon -- Trump has without cause fired Democratic members of the Consumer Product Safety Commission, the NLRB, the Merits System Protection Board and the FTC itself, and the Court has refused to order reinstatement and has granted cert, see orders at 148 S.Ct. 18(Mem.) (Sept. 22, 2025))

Green v. School Board of New Kent County, Va., 391 U.S. 430 (decided May 27, 1968):  allowing students to choose the “white school” or the “black school” was violation of Brown; black students in former all-white school were harassed, and no integration of 1) faculty, 2) staff, 3) transportation, 4) extracurricular activities or 5) facilities

Hall v. Florida, 572 U.S. 701 (decided May 27, 2014): IQ is not sole factor of intellectual disability; striking down on Eighth Amendment grounds Florida rule that once IQ is found to be more than 70 no further exploration of lack of capacity defense is permitted

Downes v. Bidwell, 182 U.S. 244 (decided May 27, 1901): goods from territories (oranges from Puerto Rico) were “imports” subject to duty charges because Congress can make revenue laws specific to territories (but art. I, §8 requires duties to be uniform throughout the U.S.!)

United States v. Causby, 328 U.S. 256 (decided May 27, 1946): Disruptive use of airspace over property (Army planes coming off abutting airstrip which panicked and killed farmer’s chickens) was a compensable “taking” under the Fifth Amendment.  (My grandparents lived across the street from a defense plant runway and the noise of fighter planes seeming to almost touch the chimney used to scare us; as we got older we got used to it.)