Today in Supreme Court History: May 7
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Kelly v. United States, 590 U.S. 391 (decided May 7, 2020): The famous “blocked lanes on the GW Bridge” case which did such (disproportionate) political damage to Chris Christie. Here, the Court throws out wire fraud convictions of officials who ordered the blocking because causing four days of traffic jams was not ”obtaining money or property” from the Port Authority such as the statute requires.
United States v. Sineneng-Smith, 590 U.S. 371 (decided May 7, 2020: The Ninth Circuit had invited outside counsel to brief any First Amendment problems as to criminalizing the encouragement of illegal immigration, an issue brought up by neither party. Court holds that this was improper and remanded to the Ninth Circuit to decide on the issues actually argued by the parties. (The Court itself is sometimes guilty of this, see e.g. Daimler, January 14.)
General Box Co. v. United States, 351 U.S. 159 (decided May 7, 1956): once a State donates its land to the federal government, the feds don’t have to obey State notice procedures when it appropriates timber already grown there by private party
Screws v. United States (aptly named), 325 U.S. 91 (decided May 7, 1945): Black man arrested for theft; Defendant sheriff had beaten him to death on the way to the jail. New trial ordered because jury not instructed that deprivation of his civil rights was “willful”. (Wasn’t it obvious?) Opinion written by William O. Douglas. (!) Screws won re-election by a landslide, and on retrial was acquitted. (!!)
Blanchi v. Morales, 262 U.S. 170 (decided May 7, 1923): Puerto Rico statute allowing summary foreclosures was Constitutional. Very short opinion; Court held that it was such a clear and simple question of law that it did not require briefs; it decided on the existing record.
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