Today in Supreme Court History: September 20

Barthuli v. Board of Trustees of Jefferson Elementary School District, 434 U.S. 1337 (decided September 20, 1977): Rehnquist says he cannot “stay” pending cert a state court judgment which dismissed case brought by school official who claimed that he was entitled to hearing before being fired; a stay would be “a mere declaration in the air” (cert was denied, 434 U.S. 1040, 1978) (he had a point -- how can you “stay” an order of dismissal?)

Mecom v. United States, 434 U.S. 1340 (September 20, 1977): Powell denies reduction of $750,000 bail pending appeal of conviction for marijuana dealing; though District Court gave no reason for why bail was set so high, the Government’s opposition on the motion before Powell pointed out that defendant had been part of a large scale operation, his wife, a participant, had fled to Mexico to avoid prosecution, and defendant had paid $100,000 to murder a suspected informant

Hutchinson v. People, 86 S.Ct. 5 (decided September 20, 1965): Harlan refuses to stay remand of criminal case after removal pending appeal to the Circuit Court of the remand order; defendant did not convincingly show that he could not receive fair trial in state court as to federal allegations (defendants were accused of trespassing while protesting discriminatory practices of power authority; civil rights cases are removable under 28 U.S.C. §1443 and, in exception to general rule, remand orders in such cases are appealable)