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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: July 21
NCAA v. Board of Regents of University of Oklahoma, 463 U.S. 1311 (decided July 21, 1983): White (a former NCAA star himself) stays decision against NCAA because certiorari would probably be granted (lower courts had held that arrangement banning televising of teams not selected by networks was illegal price-fixing under antitrust laws); cert was granted but White got tackled (i.e., the Court affirmed) Delo v. Blair, 509 U.S. 823 (decided July 21, 1993): stay of execution den
captcrisis
4 hours ago1 min read
Today in Supreme Court History: July 20
July 20 Califano v. McRae, 434 U.S. 1301 (decided July 20, 1977): Marshall turns down request to stay Court’s previous order allowing Medicaid abortion ban to go into effect; movants were in effect rearguing two recent Court decisions allowing states to have their own bans on public funding for abortions (Marshall dissented in those cases) Hedrick v. Kelly, 548 U.S. 928 (decided July 20, 2006): Denying stay of execution (Stevens and Ginsburg would grant the stay); Fourth Circ
captcrisis
1 day ago1 min read
Today in Supreme Court History: July 19
Rostker v. Goldberg, 448 U.S. 1306 (decided July 19, 1980): Does the draft (applicable to males only) discriminate? The District Court said yes and enjoined enforcement. Here, Brennan grants a stay of that order (as to males born in 1960 and 1961), noting likelihood of cert. As it turned out, cert was granted and Court upheld males-only draft, with Rehnquist’s opining that males and females were not “similarly situated”, 453 U.S. 57 (1981). (For years it was obvious that
captcrisis
2 days ago2 min read
Today in Supreme Court History: July 18
Hamblen v. Dugger, 492 U.S. 929 (decided July 18, 1989): Staying execution pending decision on certiorari, with the stay to dissolve if cert was denied. Cert was denied on 6/28/90, 497 U.S. 1031, with Brennan and Marshall as usual dissenting, “adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments”. For some reason execution did not happen then; it happened the day after another ap
captcrisis
3 days ago1 min read
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