Today in Supreme Court History: October 8

Nebraska v. Wyoming et al., 325 U.S. 665 (decided October 8, 1945): Original jurisdiction case where the Court confirms the Special Master’s finding that Colorado and Wyoming divert too much of the North Platte River before it gets into Nebraska. From the finding, which is detailed as to how much can be diverted when and from where, and how it is to be measured, one can see that the Special Master was bombarded with a mountain of geological and environmental evidence.

Roth v. United States, 77 S.Ct. 17 (decided October 8, 1956): Harlan allows bail ($5,000) for defendant convicted of selling dirty pictures; no claim that he might flee, or continue to pollute the minds of the public, and good chance that conviction will be overturned (though the Court, in one of Brennan’s first opinions, affirmed the conviction, 354 U.S. 476, which the Court overruled in Miller v. California, 1973) (the book at issue, “American Aphrodite”, is available online; like a lot of “obscene” publications from that era, it reads like it was written by bright 14-year-old boys who have never seen a naked woman)

Good Lawgic LLC v. Merchan, 2024 WL 4445055 (decided October 8, 2024): refuses to stay New York court’s gag order against Trump in his criminal trial (re: payment to Stormy Daniels) forbidding him from publicly trashing family members of judge, court staff or District Attorney (applicants were press wanting Trump to comment) (the New York court had to make a decision in unchartered territory, but we’ve never had a former -- and current -- President who was so childishly vituperative and so little in control of his own mouth; Trump violated nine gag orders)