Today in Supreme Court History: November 29

Commissioner v. Kowalski, 434 U.S. 77 (decided November 29, 1977): cash meal allowances to New Jersey police officers are taxable income

Lincoln Property Co. v. Roche, 546 U.S. 81 (decided November 29, 2005): defendant can remove to federal court without having to exclude possibility of non-diverse interested parties (tenants sued out-of-state landlord for mold injuries; did not find any in-state affiliates, etc. of defendants during jurisdictional discovery but Court notes they didn’t try very hard) (I was recently involved in a removed case where the judge made us track down every partner of one defendant and lo and behold, one of the silent partners was in-state; remanded!)

Texas v. Lesage, 528 U.S. 18 (decided November 29, 1999): white applicant to state university can’t argue that affirmative action was Equal Protection violation when he would have been denied entrance even under race-neutral regime