Jimmy Swaggart Ministries v. Board of Equalization of California , 493 U.S. 378 (decided January 17, 1990): generally applicable sales and use tax (i.e., goods, property) does not violate Free Exercise clause when imposed on religious organization Seling v. Young , 531 U.S. 250 (decided January 17, 2001): commitment of convicted sexual offender who was about to finish serving his sentence is a civil proceeding (i.e., not punitive) and did not implicate Double Jeopardy or Ex P

Garrity v. New Jersey , 385 U.S. 493 (decided January 16, 1967): police officers being questioned in connection with investigation of traffic ticket fixing enjoyed Fifth Amendment privilege against self incrimination (they were told that if they didn’t answer a question they would be fired; therefore these were coerced confessions) German Alliance Ins. Co. v. Hale , 219 U.S. 307 (decided January 16, 1911): no denial of Equal Protection by Alabama statute requiring any insurer

Berry v. Davis , 242 U.S. 468 (decided January 15, 1917): An Iowa statute authorized vasectomies on “idiots, feeble-minded, drunkards, drug fiends, epileptics, syphilitics, moral and sexual perverts” and made it mandatory as to “criminals who have been twice convicted of a felony”.  Case dismissed because the statute had since been repealed (decision by Holmes, who would author the hideous pro-sterilization Buck v. Bell , see May 2). Iowa v. Illinois , 151 U.S. 238 (decided J

Wong Sun v. United States , 371 U.S. 471 (decided January 14, 1963): the leading “fruit of the poisonous tree” case, where statements made after unlawful entry as to drug sale were excluded, as well as heroin seized; but voluntary confession made when defendant went to police station several days later was admissible because the “taint” was sufficiently “attenuated” (facts too complicated to summarize here) Daimler AG v. Bauman , 571 U.S. 117 (decided January 14, 2014): The C

One, Inc. v. Olsesen , 355 U.S. 371 (decided January 13, 1958): Citing its recent analysis in Roth v. United States , Court reverses Circuit Court and vacates obscenity conviction (ironically in Roth  the Court had affirmed  an obscenity conviction).  The Circuit Court decision, 241 F.2d 772, is quite a jolt, a nuanced essay on the changing definition of obscenity (“morals are not static like the everlasting hills, but are like the vagrant breezes to which the mariner must ev

Sipuel v. Board of Regents of University of Oklahoma , 332 U.S. 631 (decided January 12, 1948):  It’s a denial of Equal Protection for state-run law school to refuse admission to qualified applicant on account of race.  Short per curiam opinion, but in my view this case marks the beginning of the civil rights era. United States v. Booker , 543 U.S. 220 (decided January 12, 2005): Federal Sentencing Act guidelines are only advisory, not mandatory; any fact supporting a sentenc

Dunn v. United States , 284 U.S. 390 (decided January 11, 1932): notable as the last opinion by Holmes, which he read from the bench (in a weak voice) the day before he resigned at age 90: sustaining conviction for nuisance for keeping liquor (this was during Prohibition) even though logically inconsistent with acquittals on the same evidence for selling and unlawful possession (doesn’t make sense to me either) Ransom v. FIA Card Services, N.A. , 562 U.S. 61 (decided January

United States v. Georgia , 546 U.S. 151 (decided January 10, 2006): protections of Americans with Disabilities Act extend to those in state prison (prisoner could not get proper medical care or proper mobility because of lack of ramps, space to move wheelchair, accessible toilets) United States v. Philbrick , 120 U.S. 52 (decided January 10, 1887): Navy carpenter entitled to discretionary living allowances; 1835 statute prohibiting such allowances (and setting a fixed schedul

FW/PBS, Inc. v. City of Dallas , 493 U.S. 215 (decided January 9, 1990): “adult” businesses had Free Speech right to contest zoning ordinance that allowed denial of occupancy without procedural safeguards: applying standard from Freedman v. Maryland , 1965: municipality cannot allow “unbridled discretion”, must put time limit on decision, and allow for prompt judicial review (for judicial review of embarrassing City Council inattention re: adult business, see 22 Cal. Rptr. 3d

The Paquete Habana , 175 U.S. 677 (decided January 8, 1900): Fishing vessel was not a “prize of war” (its crew did not even know there was a war going on when it was seized in 1898 off the coast of Cuba) and therefore owner and crew awarded value of it and its contents (lots of fish in tanks); the opinion is a long, long historical survey of admiralty jurisdiction and prize law.  (This is an important case in international human rights litigation, establishing that United Sta

Wright v. Van Patten , 552 U.S. 120 (decided January 7, 2008): right to counsel not violated when attorney appeared at plea hearing via speaker phone (which is actually more effective than personal appearance or Zoom, if your position is very weak: you don’t have to strain to keep a straight face, just make sure there’s no giggle in your voice) Marsh v. Alabama , 326 U.S. 501 (decided January 7, 1946): Alabama statute requiring people to leave private property when asked viol

Heikkinen v. United States , 355 U.S. 273 (decided January 6, 1958): vacating conviction for disobeying deportation order (due to Communist Party membership) because 1) no evidence that any country was willing to receive him and 2) never told where to report for deportation United States v. Watts , 519 U.S. 148 (decided January 6, 1997): court can take into account “preponderance of evidence” of illegal possession of guns in sentencing for cocaine offense, even though acquitt

United States v. Di Re , 332 U.S. 581 (decided January 5, 1948): warrant needed to arrest and search passenger in car driven by possessor of counterfeit gas ration coupons (counterfeit coupons found on defendant’s person during station search should have been suppressed) O’Gorman & Young, Inc. v. Hartford Fire Ins. Co. , 282 U.S. 251 (decided January 5, 1931): upholding New Jersey statute requiring insurance agents not be paid above prevailing rates, as valid use of police po

Blockburger v. United States , 284 U.S. 299 (decided January 4, 1932): this case is the source of the “ Blockburger rule”, important in sentencing and Double Jeopardy situations: here, each sale of narcotics, no matter how close in time, held to be a separate offense because each sale had a separate fact (e.g., selling a ten-pound bag of cocaine can’t be split up into ten offenses of selling one pound) Theatre Enterprises, Inc. v. Paramount Film Distributing Corp. , 346 U.S.

United States v. Gaskin , 320 U.S. 527 (decided January 3, 1944): “Peonage” (abducting someone in debt and forcing him to work until the debt is paid off) is a Thirteenth Amendment violation and was outlawed in 1867.  Here, where the defendant had “arrested” one James Johnson and transported him to another place within Florida, the Court construes what it concedes is confusing language in the peonage statute, and holds that one can be guilty even if the “arrested” person does

Rochin v. California , 342 U.S. 165 (decided January 2, 1952): Defendant vomited out two capsules of (illegal) morphine at hospital after being force-fed an emetic. After police broke into his house and dragged him there.  All this without a warrant. Yeah, Due Process (“shocks the conscience”) violation.  Capsules should have been suppressed, conviction vacated. Kiefer-Stewart Co. v. Joseph E. Seagram & Sons , 340 U.S. 211 (decided January 2, 1951): distillers’ agreement to s

Blake v. United States , 103 U.S. 227 (decided January 1, 1880): (Wikipedia has this being decided on January 1 though all Westlaw says is “October Term”.)  In those days the President evidently had to appoint every army or navy officer, and an 1862 statute gave him the power to dismiss, but an 1866 statute said the officer could be removed only via court-martial.  Here, an army “post-chaplain”‘s resignation was accepted by the President but the man later said he was “insane”

National League of Cities v. Brennan , 419 U.S. 1321 (decided December 31, 1974): The last two days of 1974 were busy.  On December 30 a three-judge panel heard arguments made by several cities and states that Fair Labor Standards Act amendments setting wage/hour standards for state and municipal employees (set to take effect on January 1) violated the Tenth Amendment.  On December 31 the panel rejected those arguments.  Later that day, “after the close of business”, Burger w

Louisiana v. Hill , 141 S.Ct. 1232 (decided December 30, 2020):  Hill was convicted of statutory rape and “SEX OFFENDER” was put on his driver’s license.  He was convicted of scratching the words off.  He won on his argument that this was “compelled speech” in violation of the First Amendment, both in the trial court and the Louisiana Supreme Court (341 So.3d 539).  Here Alito denies Louisiana’s motion for a stay; its petition for cert was then denied, 142 S.Ct. 311 (2021).  

Parisi v. Davidson , 396 U.S. 1233 (decided December 29, 1969): Douglas denies stay of Vietnam deployment of man who appealed denial of conscientious objector status; man would not be assigned combat duty or training, and his duties (he was a “psychological counselor”) would be no different there than stateside