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

Fletcher v. Peck , 10 U.S. 87 (decided March 16, 1810): awarding land to purchaser in good faith, unaware that seller had obtained it by fraud Shaughnessy v. Mezei , 345 U.S. 206 (decided March 16, 1953): not a denial of due process to detain “bad security risk” alien at Ellis Island without hearing where no other country would receive him (the story given of this man’s meanderings and unexplained rejection by every country he visited, including Communist ones, is remarkable

Bakery Sales Drivers Local Union No. 33 v. Wagshal , 333 U.S. 437 (decided March 15, 1948): A deli changed bakeries because its drivers would deliver only at noon.  (Understandable.  I grew up in a deli, and later delivered to delis, and this is a b-a-d time for deliveries, with the lunch crowd waiting for their sandwiches.  Bakery goods, such as rolls and bagels, are customarily delivered in early morning, for obvious reasons.)  The bakery drivers’ union stopped all deliveri

Sicurella v. United States , 348 U.S. 385 (decided March 14, 1955): Jehovah’s Witness can be awarded conscientious objector status even though willing to fight if Jesus commands him in “theological war” which does not involve “weapons of warfare”; refusal to participate in “shooting wars” suffices Handly’s Lessee v. Anthony , 18 U.S. 374 (decided March 14, 1820): island in Ohio River is part of Kentucky; Indiana, recently a state, only owned land up to low-water mark on its s

Klopfer v. North Carolina , 386 U.S. 213 (decided March 13, 1967): prosecutor can’t say “nolle prosequi” (decide not to go forward) and yet keep the defendant on a long leash; North Carolina nolle prosequi procedure, under which defendant could go where he wants but can’t move to dismiss and is subject to trial at prosecutor’s discretion, violates Sixth Amendment speedy trial right Clyatt v. United States , 197 U.S. 207 (decided March 13, 1905): conviction for peonage (abduct

Hale v. Henkel , 201 U.S. 43 (decided March 12, 1906): rejecting witness’s claim of Fifth Amendment privilege in federal grand jury proceeding because enjoyed federal immunity even though state prosecution possible (overruled by Murphy v. Waterfront Comm’n of New York Harbor , 1964, which held that grant of immunity in state grand jury proceedings also extended to possible federal prosecution) Davis v. Wood , 14 U.S. 6 (decided March 12, 1816): another case, like Queen v. Hep

Walker v. Wainwright , 390 U.S. 335 (decided March 11, 1968): defendant can seek habeas relief as to conviction as to one charge (here, murder, allegedly coerced confession) even though due to not appealing other charge (aggravated assault) he would still be in prison if relief granted Lee v. Washington , 390 U.S. 333 (decided March 11, 1968): striking down on Fourteenth Amendment grounds Alabama statute requiring racial segregation in prisons Oetjen v. Central Leather Co. ,

Gregory v. City of Chicago , 394 U.S. 111 (decided March 10, 1969): police cannot order a demonstration dispersed if it’s the onlookers who are getting violent, not the demonstrators (this was comedian and activist Dick Gregory, fondly remembered at least by me, leading a police-escorted antisegregation demonstration from City Hall to the mayor’s residence, the not-so-fondly remembered Richard J. Daley) Frohwerk v. United States , 249 U.S. 204 (decided March 10, 1919): uphold

New York Times v. Sullivan , 376 U.S. 254 (decided March 9, 1964): The foundation of current law on freedom of speech in the media. A public figure can’t sue for libel unless “actual malice”, i.e., knowledge of falsity.  Here, an ad in the New York Times from civil rights leaders protesting police brutality provoked Alabama official Sullivan (who was referred to only obliquely) to sue for libel.  $500,000 verdict vacated. INS v. Cardoza-Fonseca , 480 U.S. 421 (decided March 9

Griggs v. Duke Power Co. , 401 U.S. 424 (decided March 8, 1971): the first case holding that facially neutral policies which had a “disparate impact” were racially discriminatory under Civil Rights Act of 1964 (here, requiring intelligence tests which those with high school diplomas were far more likely to pass, where whites were more likely to be high school graduates and tests were not related to job ability) Choctaw Nation of Indians v. United States , 318 U.S. 423 (decide

Briscoe v. LaHue , 460 U.S. 325 (decided March 7, 1983): testimony in court is not “acting under color of law” so no §1983 liability for police officers whose perjury resulted in plaintiffs’ conviction Baldwin v. Franks , 120 U.S. 678 (decided March 7, 1887): federal statute, not treaty with China guaranteeing safety of Chinese nationals, governed charges of beating and driving out of Chinese nationals from town of Nicolaus, California, and outside reach of Congress because i

Dred Scott v. Sandford , 60 U.S. 393 (decided March 6, 1857): once-free slave had no claim to freedom in slave state because he was black (probably history’s most-abrogated case, by the Civil War, the Thirteenth, Fourteenth and Fifteenth Amendments, and more) (Chief Justice Taney for some reason did not like the “hands-off” affirmance on procedural grounds drafted by Nelson and took quill in hand to write a sweeping holding that he imagined would settle the slavery issue once