Today in Supreme Court History: November 3

Elk v. Wilkins, 112 U.S. 94 (decided November 3, 1884): Native American born on reservation is not a citizen and therefore cannot vote even though he moved off reservation, renounced his tribal affiliation, and claimed birthright citizenship under Fourteenth Amendment (holding was abrogated by Indian Citizenship Act of 1924)

Mitchell v. Esparza, 540 U.S. 12 (decided November 3, 2003): Ohio court held that aggravated murder defendant’s omission from indictment as a “principal offender” was harmless error; the Court holds that this was not “contrary to clearly established federal law” and therefore no right to seek habeas

Rose v. Arkansas State Police, 479 U.S. 1 (decided November 3, 1986): strikes down on Supremacy Clause grounds Arkansas workers’ compensation statute allowing benefits payable to policeman’s widow under federal Public Safety Officers’ Death Benefits Act to be subtracted from workers’ compensation benefits due her