Today in Supreme Court History: November 22

Brasfield v. United States, 272 U.S. 448 (decided November 22, 1926): judge can’t ask a jury foreman during deliberations where the vote currently stood (even though he doesn’t ask which side is winning); conviction for violation of Volstead Act (transporting alcohol) reversed

Mississippi v. Tennessee, 142 S.Ct. 31 (decided November 22, 2021): in original jurisdiction case, upholds Special Master’s finding; though Tennessee owns all the water under it, it could be equitably liable to Mississippi for pumping that depletes downstream state aquifers (supplying water for Memphis reduced groundwater pressure in northern Mississippi) (oddly, Mississippi won’t make this argument; case dismissed)