Today in Supreme Court History: May 30

BNSF Ry. Co. v. Tyrrell, 581 U.S. 402 (decided May 30, 2017): railroad could be sued in state where it was neither based nor incorporated nor where accident happened (IOW, under general “doing business” jurisdiction as allowed by state statute) despite Daimler AG v. Bauman, 2014, Jan. 14, which held that “doing business” jurisdiction violated due process; 45 U.S.C. §56 allows suit against railroads in any “doing business” state which is only a venue and not a jurisdictional phrase (this is lame, the Court trying to put a diaper on Daimler)

County of Los Angeles v. Mendez, 581 U.S. 420 (decided May 30, 2017): reasonable force as a result of intentionally/recklessly provoked Fourth Amendment violation does not establish “excessive force” claim (police broke into rat-infested shack and woke up man not related to who they were looked for, who thinking it was his landlady entering, moved his rat-shooting BB gun off the bed so that he could get up; police, seeing him rise with what looked like a rifle, shot him multiple times, i.e. reasonable force) (on remand, held that force was caused by warrantless entry, verdict for plaintiff upheld, 897 F.3d 1067)

Esquivel-Quintana v. Sessions, 581 U.S. 385 (decided May 30, 2017): “sexual abuse of minor” (a reason for deportation under the Immigration Act) presumes general federal law definition of minor (under age 16) rather than law of State of conviction (18) and therefore deportation order based on guilty plea as to 17-year-old girl overturned

Hildwin v. Florida, 490 U.S. 638 (decided May 30, 1989): Sixth Amendment (trial by jury) does not require that, after conviction, findings of fact authorizing death penalty be made by jury; judge can decide sentence after hearing jury’s mere recommendations and is not bound by them (overruled by Hurst v. Florida, 2016)

Deepsouth Packing Co. v. Laitram Corp., 406 U.S. 518 (decided May 30, 1972): it is not a patent infringement to sell parts of a patented invention (a shrimp deveining machine) to overseas buyers for assembly (abrogated by statute in 1984) (note White’s flowery language which shows that as a writer he was a good football player)

Socialist Labor Party v. Gilligan, 406 U.S. 583 (decided May 30, 1972): no “case or controversy” as to contention by political party that Ohio’s requirement of loyalty oath for placement on ballot violated Equal Protection: intervening change in election law, no allegation of injury or actual exclusion from ballot, and party had often signed oath in past

In re Primus, 436 U.S. 412 (decided May 30, 1978): ACLU attorney who had given lecture to women who had been involuntarily sterilized and then sent letter saying ACLU would offer free legal help was protected by First/Fourteenth Amendment freedom of expression; disciplinary reprimand for “solicitation” vacated

Raleigh v. Illinois Dept. of Revenue, 530 U.S. 15 (decided May 30, 2000): bankruptcy does not change burden of proof, and state law provides rule for state law claims (Illinois law held that burden of proof as to whether tax is owed by debtor is on the debtor/bankruptcy trustee)

Bernal v. Fainter, 467 U.S. 216 (decided May 30, 1984): Texas requirement that notaries be United States citizens violated Equal Protection under strict scrutiny (no “compelling state interest” -- plaintiff was a resident alien)

Burns v. Reed, 500 U.S. 478 (decided May 30, 1991): prosecutor who obtained search warrant after advising police to question multiple-personality defendant under hypnosis (one of her other personalities was suspected of shooting her children) enjoyed prosecutorial immunity in 42 U.S.C. §1983 suit as to conduct at probable cause hearing but not as to advice to police (one personality had been the one to make the initial call after the shooting) (unclear which personality brought the §1983 suit -- how many “plaintiffs” had to be deposed?)

National Rifle Ass’n v. Vullo, 602 U.S. 175 (decided May 30, 2024): First Amendment violated by state official encouraging insurers to disassociate from NRA (sounds like she started out by trying to limit coverage for mass shooters after the Parkland shooting but got too political) (unanimous opinion by Sotomayor)