Today in Supreme Court History: May 4

Flores-Figueroa v. United States, 556 U.S. 646 (decided May 4, 2009): immigrant gave employer fake green card but the number on it turned out to belong to a real person; not guilty of identity theft because statute (18 U.S.C. §1028A(a)(1)) requires theft to be “knowing”

Arthur Andersen LLC v. Carlisle, 556 U.S. 624 (decided May 4, 2009): nonparties to arbitration can seek stay of lawsuit pending arbitration and denial of stay is immediately appealable under 9 U.S.C. §16(a)(1)(A)

Walz v. Tax Commission of City of New York, 397 U.S. 664 (decided May 4, 1970): property tax exemptions to religious organizations do not violate Establishment Clause (where churches run businesses, the IRS is now careful to impose an “unrelated [to church activities] business tax”)

Keeney v. Tomayo-Reyes, 504 U.S. 1 (decided May 4, 1992): must develop the facts in state court before running to federal court via habeas (here, attempting to void nolo contendre plea to murder because interpreter allegedly mistranslated at plea hearing); failure excused only on good cause and resulting in prejudice to defense on merits (superseded in 1996 by 28 U.S.C. §2254(e)(2); only excuses now are change in law or new evidence, see Shinn v. Ramirez, 2022)

Arizona v. Mauro, 481 U.S. 520 (decided May 4, 1987): Suspect, arrested, asserts right not to speak. Along comes his wife and sweet-talks him into conversation, taped, with police present. Statements admissible? Yes! 5 - 4 decision.

Complete Auto Transit, Inc. v. Reis, 451 U.S. 401 (decided May 4, 1981): 29 U.S.C. §185, which prevents employers from suing union officials who violate no-strike provision of collective bargaining agreement, also protects wildcatters (this was a truckers’ strike unauthorized by the Teamsters)

Board of Directors of Rotary Int’l v. Rotary Club of Duarte, 481 U.S. 537 (decided May 4, 1987): California statute forcing Rotary Clubs to admit women doesn’t violate Free Association (First Amendment) (sounds like a wrong decision to me)

Bullard v. Blue Hills Bank, 575 U.S. 496 (decided May 4, 2015): bankruptcy court order rejecting repayment plan with leave to amend didn’t dispose of “discrete dispute” under bankruptcy law and is therefore not appealable

Plumbers, Steamfitters, Refrigeration, Petroleum Fitters, and Apprentices of Local 298 v. Door County, 359 U.S. 354 (decided May 4, 1959): county is “person” under National Labor Relations Act and entitled to have NLRB determine union disputes over contracting work

Terry v. Adams, 345 U.S. 461 (decided May 4, 1953): Fifteenth Amendment violated by arrangement by which all-white political club fed invariably successful candidates to Texas Democratic primaries