Today in Supreme Court History: September 29

Smith v. Richey, 89 S.Ct. 54 (decided September 29, 1968): Another soldier challenging callup to active duty as violating the Ready Reserve Act, for which Douglas notes there are “substantial and unresolved questions”. Smith was going to be shipped out the next day “to the Asian theater” and Douglas “hesitates to act” but since the Ninth Circuit had denied a stay, Douglas grants it, keeping the soldier at Hamilton Air Force Base. (No information on what happened to this case, but the Ready Reserve Act, a/k/a the Military Selective Service Act, 50 U.S.C. §451 et seq., amended in 1967 to narrow the conscientious objector exception, has always passed Constitutional muster.)

Chamber of Commerce of U.S. v. Legal Aid Society of Alamada County, 423 U.S. 1309 (decided September 29, 1975): The last decision by the stroke-felled Douglas, who embarrassed himself at oral argument of an application two weeks previously by being “out of it” but apparently was on the ball for this one. Here he refuses to stay a protective order, noting that disclosure of demographic information on federal contractors collected by the EEOC is prohibited by statute and cannot be disclosed by another agency that ended up with the information.

Cooper v. Aaron, 358 U.S. 1 (decided September 29, 1958): full Court refuses to stay Little Rock desegregation order; Governor and state legislature are bound by decisions of District Court