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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: July 12
New York Times Co. v. Jascalevich, 439 U.S. 1304 (decided July 12, 1978): Marshall denies stay pending cert. application as to New Jersey subpoena requiring reporter Myron Ferber to hand over documents in murder trial; stay inappropriate with trial in progress and in camera review pending; Marshall points out if reporter refused to comply he could raise his arguments again in resulting contempt proceeding. The day before, White had denied a stay as to subpoena to testify as
captcrisis
7 hours ago1 min read
Today in Supreme Court History: July 11
Organized Village of Kake v. Egan, 80 S.Ct. 33 (decided July 11, 1959): Brennan grants restraining order preventing Alaska from enforcing statute criminalizing fish traps against Native American tribe because Secretary of Interior had granted exemption and its livelihood depended on them. (Question on direct appeal was whether Secretary’s authority superseded Alaska’s. The Alaska Supreme Court ended up ruling against the Native Americans, and the Court affirmed in 1962, 369
captcrisis
2 days ago1 min read
Today in Supreme Court History: July 10
Turner v. Quarterman, 554 U.S. 933 (decided July 10, 2008): Stay of execution denied, as it had been by Fifth Circuit, but we learn from the Fifth Circuit dissent that defendant’s argument -- that he was entitled to federally appointed counsel in his clemency proceeding -- though foreclosed by Fifth Circuit precedent, had been decided differently by other Circuits and the Supreme Court had just granted certiorari to resolve the split. (In that case, Harbison v. Bell, the Cou
captcrisis
3 days ago1 min read
Today in Supreme Court History: July 10
McGirt v. Oklahoma, 591 U.S. 894 (decided July 9, 2020): Oklahoma had no jurisdiction to try Native American because alleged crime occurred on what was still technically a reservation despite long history of broken promises and disruption of borders; case can only be tried in federal court under the Major Crimes Act (the decision is a good example of Gorsuch’s casual writing style) Trump v. Vance, 591 U.S. 786 (decided July 9, 2020): grand jury could subpoena Trump’s accounta
captcrisis
4 days ago1 min read
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