Today in Supreme Court History: September 29

Smith v. Richey, 89 S.Ct. 54 (decided September 29, 1968): Challenge to callup to active duty as violating the Ready Reserve Act, for which Douglas notes there are “substantial and unresolved questions”.  Smith was to be sent the next day “to the Asian theater”; Douglas “hesitates to act” but since the Ninth Circuit had denied a stay, Douglas grants it, keeping the soldier at Hamilton Air Force Base.  (Not known what happened later, but Ready Reserve Act, a/k/a Military Selective Service Act, 50 U.S.C. §451, amended in 1967 to narrow the conscientious objector exception, has always been held to be Constitutional.)

Chamber of Commerce of U.S. v. Legal Aid Society of Alameda County, 423 U.S. 1309 (decided September 29, 1975):  The last decision by the stroke-felled Douglas, who embarrassed himself on the bench two weeks previous by being “out of it” (see Sept. 11) but seemed 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