Today in Supreme Court History: November 9

Harris v. Forklift Systems, Inc., 510 U.S. 17 (decided November 9, 1993): Title VII claimant (“abusive work environment”) need not show that her psychological well-being was “seriously affected”; totality of circumstances but still must be “objectively” abusive (ALJ found supervisor made frequent gender insults, sexual innuendos, “You’re a woman, what do you know”, “We need a man as the rental manager”, “you’re a dumb ass woman”, suggested “we go to the Holiday Inn”, asked her to get coins from his front pocket, etc., etc.)

Wickard v. Fillburn, 317 U.S. 111 (decided November 9, 1942): Congress can regulate amount of wheat farmer grows for his own consumption because it takes away from what he might sell in interstate commerce (my Con Law professor said this case was “the final nail in the coffin” of the Restricted Commerce Clause era, but he was saying this in 1991; the coffin has since popped open)

Ex Parte U.S. Joins, 191 U.S. 93 (decided November 9, 1903): the Court has no power to annul decisions of “Citizenship Court” set up by Congress to (against the wishes of Oklahoma tribes) break up their communal land and sell to individuals; the court had already ceased to exist, having performed its only legislated function