Today in Supreme Court History: May 6

United States v. Socony-Vacuum Oil Co., 310 U.S. 150 (decided May 6, 1940): important antitrust case holding that price fixing agreements (here, between oil companies as to tank car prices) are per se illegal under the Sherman Act; famous for its footnote 59 (59??), which notes that it is not necessary that there be power to fix prices, nor intent, nor even any overt act (I suppose there still must be “winking”)

Paige v. Banks, 80 U.S. 608 (decided May 6, 1872): I didn’t know that the appointed reporter of decisions (of the Court of Chancery, at the time the highest court in New York) could have a copyright on his manuscripts of the decisions.  Here, Mr. Paige (of “Paige’s Chancery Reports”, who served as reporter while moonlighting as a state senator) had lost his copyright by failing to give notice of renewal.  He died in 1868, and the Court of Chancery was abolished in 1847.  Now the highest court is the Court of Appeals, and after 30 years of practice in that state I have as much chance of appearing in that court as I do of going back in time and having Mr. Paige transcribe my arguments.

In re Kansas Indians, 72 U.S. 737 (decided May 6, 1867): a state can’t tax land owned by Native Americans on reservations

Mathis v. United States, 391 U.S. 1 (decided May 6, 1968): IRS investigator conducting a “routine tax investigation” must give Miranda warnings if person is in prison (it was for an unrelated offense)

Fok Yung Yo v. United States, 185 U.S. 296 (decided May 6, 1902): courts can’t review customs official’s decision to deport Chinese citizen

Sayward v. Denny, 158 U.S. 180 (decided May 6, 1895): Supreme Court doesn’t automatically accept writs of error from state courts; it decides for itself whether a federal question is involved, and if so, it must be central to the case

Schware v. Board of Examiners of New Mexico, 353 U.S. 232 (decided May 6, 1957): Details a bar applicant’s complicated history, including past membership in the Communist Party and being forced to take an alias to avoid antisemitism.  Court holds that New Mexico’s denial of license violated the Equal Protection Clause.  Interesting opinion.

Konigsberg v. State Bar of California, 353 U.S. 252 (decided May 6, 1957): denial of Equal Protection to deny bar admission due to writings criticizing the Korean War, past membership in Communist Party and refusal to answer questions about political affiliations; no showing that he advocated government overthrow (bar admission got denied on much lighter grounds; in the 1990’s the New York Law Journal -- the world’s most boring newspaper, which every N.Y. attorney was required to read every day -- ran a more or less innocuous series of reminiscences by Mordecai Rosenfeld, “A Backhanded View of the Law”, but I remember one with real bite, as to being flunked at a Good Character interview because he did work for a group headed by Eleanor Roosevelt)

Federal Power Comm’n v. Sunray DX Oil Co., 391 U.S. 9 (decided May 6, 1968): Federal Power Commission (now Federal Energy Regulatory Commission) must set prices and issue certificates allowing producers to sell to pipelines so as to benefit consumers, but if it sets prices too high, the producers simply won’t produce.  This long decision by Harlan (pre-Chevron) is a course in itself on how the administrative state dealt with the oil industry.  It approves the “pipeline proceeding” set up by the FPC and affirms the resulting decision as to pricing and refunds.

Tigner v. Texas, 310 U.S. 141 (decided May 6, 1940): overruling Connolly v. Union Sewer Pipe Co., 1902 (March 10), holding that state statute freeing agricultural/livestock producers from criminal antitrust liability (though still could be liable in civil suit) did not violate Equal Protection (changed economy now required farmers to cooperate)