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Today in Supreme Court History: November 5

Nov 5, 2023
1 min read

Buchanan v. Warley, 245 U.S. 60 (decided November 5, 1917): striking down on Equal Protection grounds ordinance prohibiting sale to Black people of house on majority-White block (the Court was holding in favor of a White man who wanted to enforce the contract of sale to a Black man) (distinguished Plessy on the grounds that in that case Black people had to ride in separate car, but were not denied access to train)


Burt v. Titlow, 571 U.S. 12 (decided November 5, 2013): federal court can’t reexamine state court finding of fact so long as it’s “reasonable” (here, as to claim of ineffective assistance of counsel causing missed chance at plea bargain)


Lefemine v. Wideman, 568 U.S. 1 (decided November 5, 2012): plaintiff who won no monetary damages but obtained permanent injunction in §1983 case was “prevailing party” and therefore entitled to fees under §1988 (injunction was against the police and allowed plaintiff to exercise his First Amendment rights by displaying photos of aborted fetuses in front of clinic)

 
 
 

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