Today in Supreme Court History: September 23

Katzenbach v. McClung, 85 S.Ct. 6 (decided September 23, 1964): Black lifts injunction against enforcement of Civil Rights Act against restaurant that denied service to blacks (not Black; presumably they’d let him in because he was white) (not White) (as we know, the full Court later ruled that the restaurant was in violation, 379 U.S. 294)

Winters v. United States, 89 S.Ct. 34 (decided September 23, 1968): Harlan refuses to stay Marine’s transfer to Vietnam pending determination of his claim that his callup from reserve to active duty was illegal (the District Court had held that government was not bound by 1965 reserve contract and cert was eventually denied, 393 U.S. 896)