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 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

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

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 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

Roberson v. Texas, 604 U.S. --- (decided October 17, 2024): denies stay of execution of man convicted of murder in 2002 death of infant daughter who died in hospital after he brought her there; Sotomayor dissents, noting that Texas courts have since rejected that theory of guilt (“shaken baby syndrome”) and death could have been caused by preexisting severe apnea; Texas court later stayed execution and Roberson was called to testify before legislature as to possible “junk science” law (the Texas AG wouldn’t let him out of prison for that); as of October 16, 2025 trial court is reviewing the science