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Today in Supreme Court History: October 17

Oct 17, 2023
1 min read

McPherson v. Blacker, 146 U.S. 1 (decided October 17, 1892): rejects argument that under art. II, §1, clause 2 (Electors from states shall be appointed “in such manner as the legislature thereof may direct”) electors have to be chosen by the Legislature itself, acting as a unit; upholds Michigan statute (i.e., an Act of the Legislature) directing Electors to be elected by Congressional district; mandamus is proper vehicle to determine this dispute because election is imminent The Silvia, 171 U.S. 462 (decided October 17, 1898): shippers of sugar damaged by leaking vessel could not recover because damage due to bad weather not unseaworthiness; the opinion contains details of proper methods in those days of battening hatches, sealing ports, etc. United States v. Chicago, Milwaukee & St. Paul Ry. Co., 218 U.S. 233 (decided October 17, 1910): U.S. sued to get back land erroneously “patented” to railroad (actually, to disgorge proceeds from subsequent sale); U.S. could not recover for tracts which were already judicially declared swampland and so not included in the patent as defined

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Irick v. New York, 143 S.Ct. 357 (decided October 17, 2022): denied cert. where defendant (accused of burglary and menacing) claimed ineffective assistance of counsel; had misbehaved, throwing himself on the floor, so that court properly ejected him from hearing and refused to let him proceed pro se (203 A.D.3d 517); order seems odd to me because this was cert. directly from New York’s mid-level appellate court, the highest court having denied defendant's leave to appeal to that court -- I didn’t know the Supreme Court could entertain cert. from a mid-level state court

 
 
 

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Today in Supreme Court History: October 17

McPherson v. Blacker, 146 U.S. 1 (decided October 17, 1892): rejects argument that under art. II, §1, clause 2 (Electors from states shall be appointed “in such manner as the legislature thereof may d

 
 
 
Today in Supreme Court History: October 16

Charlotte Harbor & N. Ry. Co. v. Welles, 260 U.S. 8 (decided October 16, 1922): Florida Legislature can ratify county’s ultra vires (this means exceeding authority) creation of new bridge district whi

 
 
 
Today in Supreme Court History: October 15

Civil Rights Cases, 109 U.S. 3 (decided October 15, 1883): strikes down federal statute prohibiting racial discrimination in public accommodations; Thirteenth and Fourteenth Amendments apply only to g

 
 
 

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