Google LLC v. Oracle America, Inc. , 593 U.S. 1 (decided April 5, 2021): Google wins copyright lawsuit; its partial copying of Java SE to operate Android platform was “fair use” (and not only that, the “fair use” defense was not “at law”, so no Seventh Amendment right to jury trial) (Google had tried to purchase the full copyright but owner insisted on open source interoperability -- that’s not how you make money in the software world!!) Rogers v. Bellei , 401 U.S. 815 (decid

Thompson v. Clark , 596 U.S. 36 (decided April 4, 2022): To sue under §1983 in relation to a criminal proceeding (malicious prosecution), you first have to show that the case against you ended with a “favorable termination”.  The Court holds that this simply means no conviction, and not some affirmative evidence of innocence (such as an acquittal) (here, the charges had been dismissed before trial without explanation). O’Neil v. Vermont , 144 U.S. 323 (decided April 4, 1892):

Smith v. Allwright , 321 U.S. 649 (decided April 3, 1944): political party (here, Texas Democratic Party) is a “state actor” and liable under the Fifteenth Amendment and §1983 (actually its predecessor statute) for refusing to let black man vote in primary election United States v. “Old Settlers” , 148 U.S. 427 (decided April 3, 1893): 1889 Act of Congress revived Cherokee claim under 1846 Treaty for reimbursement for taking their land; Court affirms calculation of amount Hol

Environmental Defense v. Duke Energy Corp. , 549 U.S. 561 (decided April 2, 2007): “modification” can mean different things in different (complicated) environmental statutes; the upshot was that this coal-fired plant should have gotten a permit before upgrading Florence v. Board of Chosen Freeholders of City of Burlington , 566 U.S. 318 (decided April 2, 2012): strip search upon incarceration is not unreasonable under Fourth Amendment   Encino Motorcars v. Navarro , 584 U.S.

FCC v. Prometheus Radio Project, 592 U.S. 414 (decided April 1, 2021): In 2017 the Trump-led FCC reversed long-standing policy, affirmed in 2016, and permitted, in the same market, cross-ownership of radio, television and newspapers, and cross-ownership of several stations.  Plaintiffs alleged this would hinder female and minority ownership and local viewpoints.  Reversing the Circuit Court (which had ordered the FCC to develop a better record), the Court holds that in the in

United States v. Lanier , 520 U.S. 259 (decided March 31, 1997): state judge should have known sexual assaults would inculpate him under 12 U.S.C. §242 (the criminal counterpart to 42 U.S.C. §1983) even though statute does not mention sexual crimes and Court has not directly ruled on similar facts International Brotherhood of Teamsters v. United States , 431 U.S. 324 (decided March 31, 1977): victims of union’s discrimination against black and hispanic workers (demonstrated b

Ex parte Wilson , 114 U.S. 417 (decided March 30, 1885): crime punishable by years of hard labor is a Fifth Amendment “infamous crime” requiring grand jury indictment (15 years for counterfeiting) Pecheur Lozenge Co. v. National Candy Co. , 315 U.S. 666 (decided March 30, 1942): suit over wrapper design was common law trademark infringement (I didn’t know there was such a thing), not registered with Patent Office as alleged, so local law applied in diversity action (candy cig

West Coast Hotels v. Parrish , 300 U.S. 379 (decided March 29, 1937): The Big Switch by Roberts, breaking with the “Four Horsemen” and voting to uphold a state minimum wage law.  From now on he would vote against them and uphold economic regulation despite Contract Clause and Commerce Clause objections.  Was his vote coerced by FDR’s threat to “pack” the Court?  This decision came out shortly after the court-packing plan was announced, but Roberts had already declared his vot

Krulewitch v. United States , 336 U.S. 440 (decided March 28, 1949): Krulewitch and a woman brought another woman across state lines for prostitution.  They were arrested for conspiracy under the White Slave Traffic Act and Krulewitch’s partner told the prostitute that “it would be better for us girls to take the blame” rather than Krulewitch.  At Krulewitch’s trial the prostitute’s testimony as to this statement (hearsay) is not admissible as a declaration of guilt because n

United States v. Cruikshank , 92 U.S. 542 (decided March 27, 1876): The Constitution does not guarantee a right to peacefully assemble, nor a right to bear arms; it merely prevents those rights from being encroached on by the federal government.  Neither are “fundamental” (i.e. preexisting) rights, and can therefore be restricted by States.  (Or so it was held.  Typically leaden opinion by Waite, dismissing Louisiana indictment arising out of the Colfax Massacre, where about

Baker v. Carr , 369 U.S. 186 (decided March 26, 1962): federal courts have jurisdiction over suits alleging disproportionate redistricting in violation of Fourteenth Amendment Equal Protection (on remand the District Court approved mixed by county/by population plan, 206 F. Supp. 314, probably would not pass muster under later case law) United States v. Castleman , 572 U.S. 157 (decided March 26, 2014): prior misdemeanor conviction for domestic violence qualified as “use or a

United States v. Quality Stores, Inc. , 572 U.S. 141 (decided March 25, 2014): must withhold FICA from severance pay because it’s “wages” (?) Robertson v. Seattle Audubon Society , 503 U.S. 429 (decided March 25, 1992): statute declaring that new management of timber operations (balancing survival of spotted owl with economic growth) resolves the issues in two named lawsuits (in effect directing judges to reach a certain result) did not violate separation of powers: statute a

Harper v. Virginia Board of Elections,  383 U.S. 663 (decided March 24, 1966): poll tax violates Equal Protection (though literacy tests are o.k. if not used for discriminatory purpose) Ramirez v. Collier , 595 U.S. 411 (decided March 24, 2022): execution stayed because defendant had valid argument that prohibiting his pastor from laying hands on him in the execution chamber violated Religious Land Use and Incapacitated Persons Act (state allowed pastor to lay on hands, and R

Comcast Corp. v. National Ass’n of African American-Owned Media , 589 U.S. 327 (decided March 23, 2020): owner of African-American owned network must show that he was denied slot on cable TV service due to race (“but-for” causation); remands to examine Complaint under proper standard Reno v. Flores , 507 U.S. 292 (decided March 23, 1993): no Due Process violation in regulation prohibiting release of juvenile aliens if no family member or guardian claims them (teenagers suspec

Eisenstadt v. Baird , 405 U.S. 438 (decided March 22, 1972): Massachusetts statute prohibiting sale of contraceptives to single people (but not married people) violates Equal Protection Star Athletica LLC v. Varsity Brands, Inc. , 580 U.S. 405 (decided March 22, 2017): it’s up to the jury to decide whether arrangement of lines, chevrons, and colorful shapes on cheerleading uniform are “original works of art” (copyrightable) or just “industrial designs” (not) -- unfortunately

A Book Named “John Cleland’s Memoirs of a Woman of Pleasure” v. Massachusetts , 383 U.S. 413 (decided March 21, 1966): The book is more widely known as “Fanny Hill”, written in 1749, a hot property when I was a teenager, made into a movie which I saw years later and was a disappointment.  Massachusetts brought a civil suit to have the book declared “obscene” under statute construed as anything not Constitutionally protected.  Lower court did not apply the test of Roth , 1957

Calder v. Jones , 465 U.S. 783 (decided March 20, 1984): California court had jurisdiction to hear suit by well-known California plaintiff (actress Shirley Jones -- she was great in “Elmer Gantry”) for alleged libel in Florida newspaper with national circulation (National Enquirer) concerning her life in California (article stated that her husband, Marty Ingels -- “I’m Dickens, He’s Fenster” -- had driven her to drink -- case settled with a printed apology) Cyan, Inc. v. Beav

Austin v. New Hampshire , 420 U.S. 656 (decided March 19, 1975): New Hampshire commuter tax applicable only to out-of-state residents (Maine) violated Privileges & Immunities clause even though Maine gave its residents credit for it Snyder v. Louisiana , 552 U.S. 472 (decided March 19, 2008): rejecting prosecutor’s bogus reason for peremptory strike of black juror (nervous about effect of jury service on his college grades, but white jurors accepted despite more serious issue

Gideon v. Wainwright , 372 U.S. 335 (decided March 18, 1963): “If you can’t afford a lawyer, one will be appointed for you.”  (In high school I saw a movie re-enactment of this case with Mr. Gideon playing himself.  Gutsy guy.  I recommend “Gideon’s Trumpet”, by Anthony Lewis.) The Antelope , 23 U.S. 66 (decided March 18, 1825): Marshall: slave trade is o.k. except when specifically prohibited; here, allows return of Spanish slaves but not those captured on American vessel (w

Patton v. Brady , 184 U.S. 608 (decided March 17, 1902): upholding extra tax on already taxed goods (on manufactured tobacco under War Revenue Act of 1898, Spanish-American War) United States v. Florida , 420 U.S. 531 (decided March 17, 1975): Submerged Lands Act of 1953 supersedes Florida’s 1868 State Constitution insofar as setting seaward boundaries First Nat’l Bank of Columbus, O. v. Louisiana Highway Comm’n , 264 U.S. 308 (decided March 17, 1924): jurisdictional minimum