January
in Supreme Court History
January 1
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” at the time. His claim for back pay was held to be time-barred, even taking into account a toll for insanity. This case wins some points for strangeness, but is basically boring and unimportant. It’s the only one I could find for January 1 though. A happy New Year to all.
January 2
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. No dissents.
Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, 340 U.S. 211 (decided January 2, 1951): distillers’ agreement to set prices above which wholesalers could not resell violated Sherman Act (overruled by Copperweld Corp. v. Independence Tube Corp., 1984, to the extent that a parent corporation can’t be said to conspire with its affiliate)
Cincinnati, New Orleans & Texas Pacific Ry. Co. v. Bohon, 200 U.S. 221 (decided January 2, 1906): wrongful death suit against railroad and its employee can’t be split for the purposes of removing the suit against the railroad on basis of diversity; it’s an inseparable controversy (this was before the Federal Employers Liability Act, which created vicarious liability and made suing the employee separately unnecessary)
January 3
United States v. Gaskin, 320 U.S. 527 (decided January 3, 1944): “Peonage” (abducting someone in debt to you and forcing him to work for you 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 doesn’t perform any actual work (one guesses that Johnson escaped after being transported).
Bailey v. Alabama, 219 U.S. 219 (decided January 3, 1911): Another case related to the abolition of peonage. Here, the Court invalidates on Thirteenth Amendment grounds an Alabama statute that creates a presumption of fraud (a criminal offense) regardless of the mental state of the accused or any mitigating factors if someone makes off with an advance payment for work and neither returns it nor does the work.
Coray v. Southern Pacific Co., 335 U.S. 520 (decided January 3, 1949): man pumping one-man flatcar was not contributorily negligent for failing to see where he was going before hitting train where train itself stopped unexpectedly due to Federal Safety Appliance Act violation (defect in brake line which caused brakes to lock) (this argument would not fly in a rear-end auto case)
January 4
Theatre Enterprises, Inc. v. Paramount Film Distributing Corp., 346 U.S. 537 (decided January 4, 1954): jury properly heard issue of whether movie producers and distributors conspired (in violation of the Clayton Act) to restrict first-run movies to downtown theaters (jury found for defendant; plaintiff’s argument on appeal was that the judge should have directed verdict in its favor with jury hearing only damages)
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
Marine Transit Corp. v. Dreyfus, 284 U.S. 263 (decided January 4, 1932): admiralty courts have power to order arbitration (suit arose when 19,200 bushels of wheat sank into the Erie Canal when ship hit a guide wall; somehow this reminds me of the fact that my grandmother, who lived on the Canal, made noodle soup that was too watery)
January 5
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 power (“The business of insurance is so far affected with a public interest that the state may regulate the rates”); 5 – 4 decision, with the “Four Horsemen” dissenting (though they weren’t called that yet)
Sealfon v. United States, 332 U.S. 575 (decided January 5, 1948): acquittal as to conspiracy to present false invoices to ration board acted as res judicata barring trial as to abetting the publishing of the false invoices
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)
January 6
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 acquitted of gun charge (where beyond reasonable doubt standard had been applied)
Polar Ice Cream & Creamery Co. v. Andrews, 375 U.S. 361 (decided January 6, 1964): Florida can’t require ice cream makers to buy milk in-state (violates Dormant Commerce Clause)
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. Butler, 297 U.S. 1 (decided January 6, 1936): what Congress called a “tax” is not really a tax and is outside the Taxing Power (this was a “processing tax” which served to shift expenses of complying with agricultural regulations from farmers to food processors) (the Court later abandoned this restrictive view of enumerated powers, see citations in 403 F.3d 272 n.65)
January 7
Marsh v. Alabama, 326 U.S. 501 (decided January 7, 1946): Alabama statute requiring people to leave private property when asked violates First Amendment (and Fourteenth Amendment) when property is open to the public (this was a Jehovan’s Witness on the sidewalk of a “company town”)
Tucker v. Texas, 326 U.S. 517 (decided January 7, 1946): companion case to the above, another Jehovah’s Witness, this time booted from a government-owned housing area (a clearer case of 1A/14A violation, if you ask me)
City of Escondido v. Emmons, 586 U.S. — (decided January 7, 2019): in this handcuffed-by-police §1983 claim, the Circuit Court’s brief statement that “excessive force” is “clearly established” was inadequate to support its conclusion that there was no qualified immunity; remanded for correct inquiry which is whether officer’s conduct violated clearly established statutory or Constitutional rights
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)
Susquehanna Boom Co. v. West Branch Boom Co., 110 U.S. 57 (decided January 7, 1884): battle of the booms (to control timber floating downriver; they interfered with each other); federal court jurisdiction cannot be created by federal issue concocted after state court appellate process is exhausted (the belated argument was that Pennsylvania’s grant to the second boom company interfered with the contract of the first, in violation of art. I, §10)
January 8
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 admirality jurisdiction and on prize law. (This is an important case in international human rights litigation, establishing that United States courts will apply customary int’l law unless Congress says otherwise.)
Culbertson v. Berryhill, 586 U.S. --- (decided January 8, 2019): construing 42 U.S.C. §406, Thomas holds that 25% cap on attorney’s fees for successful pursuit of past due Social Security benefits applies only to proceedings before a court, not to the runup administrative proceedings
Los Angeles County Flood Control District v. Natural Resources Defense Council, 568 U.S. 78 (decided January 8, 2013): stormwater runoff into river is not itself a “pollutant” as defined by the Clean Water Act (even though opinion admits that stormwater is often heavily polluted)
Brotherhood of Locomotive Engineers v. Atchison, Topeka & Santa Fe R.R. Co., 516 U.S. 152 (decided January 8, 1996): I picked this case because of two interesting terms dealing with when a train crew’s maximum 12 hours expire during a trip: “deadhead transportation” (getting the new crew to the train, often requiring a special stop, and the old crew back to the terminal) and “limbo time” (the time spent by the new crew and the old crew during d.t.). Here the Court, noting that the purpose of the Hours of Service Act is to prevent fatigue, holds that limbo time waiting for deadhead transportation to the train counts toward the 12-hour daily limit but limbo time waiting for d.t. from from the train (i.e., to the terminal) does not.
Western Union Telegraph Co. v. Lenroot, 323 U.S. 490 (decided January 8, 1945): by-foot or by-car transmission of telegraph messages by children under age 16 was not specifically prohibited by federal child labor statute (we learn here that 12% of all message runners were under the age of 16)
January 9
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 must allow for prompt judicial review (for judicial review of some embarrassing City Council dereliction as to an adult business, see http://www.metnews.com/articles/2005/lshs010305.htm, or 22 Cal. Rptr. 3d 805)
United States v. Chicago, N.S. & M.R. Co., 288 U.S. 1 (decided January 9, 1933): ICC can’t suddenly construe regulation as requiring trolley car company to get its permission before issuing bonds, after years of not requiring it from other companies
White v. Pauly, 580 U.S. 73 (decided January 9, 2017): officer who shot and killed man who was pointing gun at him from inside house was not acting in violation of “clearly established” law and therefore was entitled to qualified immunity (reading the opinion one sees ugly behavior on both sides, arising from a report of road rage and drunk driving)
Chao v. Mallard Bay Drilling Co., 534 U.S. 235 (decided January 9, 2002): barge in state territorial waters was subject to OSHA violation on matter not addressed by Coast Guard regulations (uninspected well leaked natural gas and spark caused explosion killing four)
Fiore v. White, 531 U.S. 225 (decided January 9, 2001): granting habeas relief where state supreme court had held that defendant’s conduct (operating unlicensed hazardous waste facility) was not within scope of charged statute but nevertheless had refused to free him and had answered Court’s certified question that its holding as to the statute was not retroactive
January 10
United States v. Georgia, 546 U.S. 151 (decided January 10, 2006): protections of ADA extend to those in state prison (prisoner could not get proper medical care or proper mobility because of lack of ramps, space to move his wheelchair, or 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 schedule) had been repealed in 1866 without any replacement language, so prior practice was permitted
Owens v. Okure, 488 U.S. 235 (decided January 10, 1989): §1983 claim (beaten by police) subject to state’s residual 3-year statute of limitations as opposed to state’s 1-year statute for intentional torts such as assault
Gonzalez v. Thaler, 565 U.S. 134 (decided January 10, 2012): appeal of conviction under Antiterrorism and Effective Death Penalty Act of 1996 did not require certificate as to which Constitutional violations are alleged; one-year habeas statute of limitations began to run when deadline for seeking cert. in highest state court expired (contention on habeas was that 10-year delay between indictment and trial violated Sixth Amendment speedy trial requirement; Court holds that habeas is time-barred, which is ironic)
Goldberg v. Sweet, 488 U.S. 252 (decided January 10, 1989): Illinois tax on calls only from or to in-state addresses did not violate Dormant Commerce Clause (in effect overruled by Comptroller of Treasury of Maryland v. Wynne, 2015, and by the march of technology)
January 11
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 it was logically inconsistent with acquittals on the same evidence for selling and unlawful possession
Ransom v. FIA Card Services, N.A., 562 U.S. 61 (decided January 11, 2011): Chapter 13 (non-liquidation) debtor can’t claim “car ownership costs” because did not make loan or lease payments (he owned it free and clear and could claim only “operating costs”)
Brown v. Sanders, 546 U.S. 212 (decided January 11, 2006): affirming death penalty where jury found four “special circumstances” of aggravation, only one of which would have mandated execution, even though two of them were held by appeals court to be impermissibly redundant or vague
Ratzlaf v. United States, 510 U.S. 135 (decided January 11, 1994): defendant transferring $ in amounts less than $10,000 was not aware that bank was required to report transactions of that size or larger and therefore did not violate antistructuring statute, 31 U.S.C. §5234(3); Congress later removed the willfulness requirement; see 6 F.4th 380 n.5
Silkwood v. Kerr-McGee Corp., 464 U.S. 238 (decided January 11, 1984): Those of us of a certain age remember Karen Silkwood, who was repeatedly contaminated with plutonium while working at a nuclear power plant and was killed in a mysterious car crash while on the way to meet a journalist. Her father as administrator of her estate sued the plant operator and won punitive damages under Oklahoma law. Here, the Court holds that the punitive award was not preempted by the liability limiting provisions of the Atomic Energy Act of 1954 or the Price-Anderson Act of 1957.
January 12
United States v. Booker, 543 U.S. 220 (decided January 12, 2005): invalidating part of Federal Sentencing Act that empowers judge to find aggravating factors; making increased sentencing dependent on finding of fact means jury must find those facts, and beyond reasonable doubt (here, sentencing judge found facts of greater amount of cocaine than was presented to convicting jury)
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. A short per curiam opinion, but in my view this case marks the beginning of the civil rights era.
United States v. Windom, 137 U.S. 636 (decided January 12, 1891): federal government can’t stiff contractor to whom it had certified payment by bringing up past claims against him
Illinois v. Wardlow, 528 U.S. 119 (decided January 12, 2000): police could stop and search man who had run upon seeing them in area known for heavy narcotics trafficking (This reminded me of a case that arose near where I was living at the time, United States v. Bayless, 913 F. Supp. 232, 1996, where the judge invalidated the stop: “Residents in this neighborhood tended to regard police officers as corrupt, abusive and violent. Had the men not run when the cops began to stare at them, it would have been unusual.” The judge also pointed out that three supposedly suspicious facts — out-of-state plates, double parking, and being about late at night — are actually quite commonplace in that part of Manhattan.)
El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng, 525 U.S. 155 (decided January 12, 1999): person improperly searched prior to boarding foreign airline has no claim against the foreign airline, either under local law or Warsaw Convention
January 13
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, an eloquent 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 ever trim his sails”) which turns into a gastrointestinal eruption (the magazine is “obscene and filthy”). The material at issue was a groundbreaking magazine called “One” which had fiction, articles and photographs dealing with homosexuality (both sexes). An article on “One” is at https://daily.jstor.org/one-the-first-gay-magazine-in-the-united-states/
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (decided January 13, 1988): First Amendment does not preclude school board from redacting on privacy grounds pages of high school newspaper on the lives of its pregnant students (even though names were changed) and on inappropriateness grounds mentions of sexual activity and birth control (the board’s action probably resulted in more pregnancies)
Cochnower v. United States, 248 U.S. 405 (decided January 13, 1919): Secretary of the Treasury had no power to cut customs official’s compensation (from $5 to $4 per diem) because statute empowered him only to “increase and fix” compensation, not reduce it (from the lower court opinion we see that the cut was not punishment but the result of “reorganization and reclassification”)
Babcock v. Kijakazi, 595 U.S. 77 (decided January 13, 2022): years spent by un-uniformed technician in assisting National Guard was not “years in uniformed service” so as to avoid reduction of Social Security benefits under dual-pension “windfall” rule
Chambers v. United States, 555 U.S. 122 (decided January 13, 2009): conviction for failing to report to prison for violent offense was not itself a “violent felony” as an aggravating sentencing factor under the Armed Career Criminal Act (overruled as to the analysis, but not the result, by Johnson v. United States, 2015)
January 14
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)
Mississippi ex rel. Hood v. AU Optronics Corp., 571 U.S. 161 (decided January 14, 2014): defendant can’t automatically remove class action brought by State suing on behalf of its citizens (alleged illegal price-fixing as to LCD screens) because citizens are not specifically named; Class Action Fairness Act requires at least 100 named claimants
Daimler AG v. Bauman, 571 U.S. 117 (decided January 14, 2014): The Court here to everybody’s surprise all but obliterates traditional general (or “doing business in state”) jurisdiction, departing from the International Shoe “fairness” standard and in effect striking down dozens of state jurisdictional statutes. It holds that it’s a violation of Due Process to sue a business anywhere except 1) its state of incorporation, 2) its main place of business, or 3) where the conduct sued upon happened (in other words, only where it’s “at home”). Here, former Argentina citizens alleged that Daimler (actually its subsidiary, Mercedes Benz, but the Court treats them as the same) delivered labor leaders up for torture by reporting them to the Argentina dictatorship. Sotomayor concurs as to lack of jurisdiction but on the grounds that there are obvious better forums, such as Germany (following the Court’s standard reasoning in such situations since Asahi, 1987) and points out that the Court went beyond the arguments presented to it and its holding is a gift to big business. Opinion by Ginsburg.
Oregon v. Ice, 555 U.S. 160 (decided January 14, 2009): not a Sixth Amendment violation to have a judge (not a jury) find facts necessary to impose consecutive (instead of concurrent) sentences (here, finding that there were two incidents of burglary and sexual abuse of 11-year-old girl)
Herring v. United States, 555 U.S. 135 (decided January 14, 2009): evidence found during arrest was admissible even though warrant for the arrest had been recalled; the arresting officer due to a recordkeeping error had not been told about it
January 15
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” (defendant here). Here the Court dismisses the case because the statute had been repealed (decision is written by Holmes, who would later author the hideous Buck v. Bell).
Iowa v. Illinois, 151 U.S. 238 (decided January 15, 1894): Court vacates holding as to boundary dispute because of procedural error in referring to special master (at issue was where on the Keokuk-Hamilton bridge the border was; the opinion says the boundary is the midpoint of the Mississippi, though current maps show it very close to the Iowa side, but that could be due to accretion since)
New Prime, Inc. v. Oliveira, 586 U.S. — (decided January 15, 2019): it is for court, not arbitrator, to decide whether Federal Arbitration Act exception for interstate commerce employment contracts applies (here, trucker brought suit alleging unfair wage practices; Court holds that the exception applies, and denies the employer’s motion under the FAA to order arbitration) (Gorsuch, who wrote the opinion, is a good writer)
Caminetti v. United States, 242 U.S. 470 (decided January 15, 1917): upholds Constitutionality of White Slave Traffic Act of 1910 (that phrase sounds so quaint now) as affecting “interstate commerce” even if no pecuniary gain intended (man had transported woman across state lines to make her his “mistress and concubine”)
Stoneridge Investment Partners v. Scientific-Atlanta, Inc., 552 U.S. 148 (decided January 15, 2008): outside parties who colluded in sham transactions with corporation leading to illegal inflating of profits could not be joined as defendants in shareholders’ securities fraud suit against corporation under Securities and Exchange Act of 1934
January 16
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 belonging to a “tariff association” fixing rates of its members to pay to its insured an extra 25% on top of any insured loss; statute applied to any such insurer
National Cable & Telecommunications Ass’n v. Gulf Power Co., 534 U.S. 327 (decided January 16, 2002): Pole Attachment Act of 1978 (regulating rents for space on telephone poles) protects providers of cable TV, high-speed internet, and even wireless telecommunication
O’Brien v. Skinner, 414 U.S. 524 (decided January 16, 1974): striking down on Equal Protection grounds New York statute denying right of inmates awaiting trial or serving misdemeanor sentences (i.e., not felons, who can’t vote anyway) to register as absentee voters if jail is not in their county of residence
Zicherman v. Korean Air Lines Co., 516 U.S. 217 (decided January 16, 1996): relatives of passengers of plane shot down over Sea of Japan could not recover loss-of-society damages against airline; Court notes that Warsaw Convention refers issue to domestic law, stipulated to be American law, and Death on the High Seas Act, 46 U.S.C. §30302, allows only pecuniary damages
January 17
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): petition for 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 Post Facto prohibitions
Gonzalez v. Duenas-Alvarez, 549 U.S. 183 (decided January 17, 2007): conviction of permanent resident alien for “unlawful driving or taking of vehicle” as defined by California statute was a “theft offense” under Immigration and Nationality Act (8 U.S.C. §1101(a)(43)(G)) and therefore predicate for deportation (not mentioned exactly what this guy did — the statute seems to cover some innocuous situations)
McGrain v. Daughtery, 273 U.S. 135 (decided January 17, 1927): Senate has power to jail subpoenaed witness who fails to appear (it was investigating the Department of Justice and the witness was the brother of the former Attorney General); irrelevant that during habeas process a new Congress was sworn in (the committee work presumably continued because it was a Republican Congress replacing a Republican Congress)
Gonzalez v. Oregon, 546 U.S. 243 (decided January 17, 2006): Attorney General did not have authority to issue “interpretive rule” stating that physicians assisting suicide as permitted by Oregon’s Death with Dignity Act would be violating the federal Controlled Substances Act
January 18
Mistretta v. United States, 488 U.S. 361 (decided January 18, 1989): The Sentencing Reform Act of 1984 created the Sentencing Commission (appointed by the President w/Senate approval, three of seven members being federal judges) which sets binding guidelines. Here the Court holds that this arrangement does not violate separation of powers nor is an excessive delegation of authority by Congress. (I’m puzzled by the phrase, “Congress decided to locate this Commission in the Judicial Branch”, which is also what the official site says, http://www.ussc.gov. What does that mean exactly? The Chief Justice is the head of the Judicial Branch and the Commission doesn’t report to him. It seems to be Executive Branch, no matter what anyone says.)
Golan v. Harper, 565 U.S. 302 (decided January 18, 2012): Copyright Clause allows Congress to give copyright protection to works formerly in public domain (as part of a reciprocity arrangement; these works enjoyed copyright protection in their countries of origin) (suit was brought by conductors, orchestras, publishers) (my cash-poor amateur orchestra is forced to play only old works because only they can be downloaded free)
Missouri v. Iowa, 165 U.S. 118 (decided January 18, 1897): Boundary between Iowa and Missouri had to be redrawn because the original markers couldn’t be located. One had been described as being between two trees (an oak and an elm) which had fallen. A long report from the special master showing efforts to find markers from 1850 and interpret mysterious “blaze” marks left on trees, which are reprinted in the decision. (Someone mischievously inclined could have put in false markers misleading the field investigators so that the border, instead of being a straight line, formed a profile of a naked woman lying on her back, with breasts extending north to Bloomfield, Iowa and knees poking up to Mt. Ayr, butt curving down to Mercer, Mo.; depicting a naked man would be a little simpler.)
Moyer v. Peabody, 212 U.S. 78 (decided January 18, 1909): In 1903 the Governor of Colorado called out the National Guard to break a miner’s strike and arrested Moyer on the basis of “military necessity”. Here the Court affirms dismissal of Moyer’s suit, holding that that the Governor’s claim of “insurrection” cannot be questioned and Moyer had no redress in the judicial system against a use of police powers. (In other words, Moyer would have to resort to violence . . . )
Maples v. Thomas, 565 U.S. 266 (decided January 18, 2012): habeas allowed despite blowing deadline on state court appeal where attorney flew the coop without informing defendant
January 19
Patsone v. Pennsylvania, 232 U.S. 138 (decided January 19, 1914): upholds statute prohibiting foreign born non-citizens from killing wild game except in defense of person or property (this case has never been overruled)
NASA v. Nelson, 562 U.S. 134 (decided January 19, 2011): upholding NASA regulation requiring even long-term employees to submit to background checks and answer questions about illegal drug use (“if there is a right to private information, it is not violated here”)
United States v. Mueller, 113 U.S. 153 (decided January 19, 1885): builder of new customs house in Chicago entitled to delay costs incurred due to government dithering as to building design
Oyama v. California, 332 U.S. 633 (decided January 19, 1948): leaves in place California statute which in effect prohibited those of Japanese ancestry from owning land, with the result that a father’s gift to his son was invalidated and the land went to the state (majority opinion relies on father’s failure to make some formal filings, but c’mon . . .) (statute was later struck down by the California Supreme Court, Sei Fujii v. State, 1952)
Presley v. Georgia, 558 U.S. 209 (decided January 19, 2010): Sixth Amendment right to public trial includes access to voir dire of prospective jurors
January 20
Nashville Milk Co. v. Carnation Co., 355 U.S. 373 (decided January 20, 1958): Robinson-Patman Act (prohibiting underselling to destroy competition by use of means unavailable to competition) does not provide private right of action; it’s not an “antitrust” statute as defined by the Clayton Act and therefore Clayton remedy of treble damages is not available (plaintiff restricted to Clayton Act claim)
Hunter v. Erickson, 393 U.S. 385 (decided January 20, 1969): Akron, O. ordinance allowing housing discrimination based on race is not saved from Fourteenth Amendment attack by the fact that by its terms it wouldn’t take effect until the voters approve it (which they did)
Beal v. Missouri Pacific R.R. Corp., 312 U.S. 45 (decided January 20, 1941): civil lawsuit can’t stop criminal prosecutions (here, railroads facing prosecution under Nebraska’s Full Train Crew Law claimed that it would have been financially ruinous to comply with it) (statute had been in force since 1929; from the opinion it appears that railroads were hiring dual-role black workers at lower wages than white)
Kansas v. Carr, 577 U.S. 108 (decided January 20, 2016): jury considering death penalty doesn’t have to be instructed that mitigating factors don’t have to be proved beyond reasonable doubt (then how they hell are they supposed to know that???)
Department of the Army v. Blue Fox, Inc., 525 U.S. 255 (decided January 20, 1999): subcontractor barred by sovereign immunity from asserting lien as to proceeds that were never paid to it by general contractor and still held by Army
January 21
Citizens United v. Federal Election Comm’n, 558 U.S. 310 (decided January 21, 2010): Court disallows on First Amendment grounds any restrictions on use of general corporate or union funds to advocate or denigrate political candidates, explicitly overruling McConnell v. FEC, 2003, and Austin v. Michigan Chamber of Commerce, 1990, except for requiring identification of who is putting out the ads and disclaiming that it represents the views of the broadcaster (in effect, eviscerating the McCain-Feingold Act)
Lau v. Nichols, 414 U.S. 563 (decided January 21, 1974): failure to provide English language instruction to first-generation Chinese students violates Civil Rights Act of 1964 because it excludes them from participation in program receiving government assistance (overruled to the extent that nonintentional discrimination is no longer actionable under that statute, see discussion in Alexander v. Sandoval, 2001)
Department of Homeland Security v. MacLean, 574 U.S. 383 (decided January 21, 2015): air marshal was protected by whistleblower statute (5 U.S.C. §2302(b)(8)(A)) from termination because his disclosure to reporter of what he believed to be a dangerous cancellation of air marshal assignments during terrorist alert (supposedly to save money) was not within the whistleblower exception for “disclosures specifically prohibited by law”
Pearson v. Callahan, 555 U.S. 223 (decided January 21, 2009): no warrant needed for police entry into home because defendant had already agreed to let in the informant to whom he then sold drugs (of course he didn’t know it was an informant); this is called the “consent-once-removed” doctrine, already accepted (does this sound right to you?), and therefore entry not in violation of “clearly established law”; therefore, police officers entitled to qualified immunity (unanimous decision)
United States v. Jimenez Recio, 537 U.S. 270 (decided January 21, 2003): can be charged with conspiracy even if joined conspiracy after it had been defeated (agreed to come pick up truck even though police had already seized drugs from it and set up sting with presumably coerced help of original truck driver)
January 22
Roe v. Wade, 410 U.S. 113 (decided January 22, 1973): balancing interests of the state vs. privacy interest of mother, invalidates Texas’s near-absolute ban on abortion (only exception was to save life of mother) and holds that Due Process prohibits state interference during first trimester; during second trimester the state may regulate abortion “in ways that are reasonably related to maternal health”; and during third trimester may forbid it except to save life of mother (reformulated by Planned Parenthood v. Casey, 1990; overruled by Dobbs, 2022)
Nostrand v. Little, 368 U.S. 436 (decided January 22, 1962): Court dismisses appeal for lack of a federal question, but as we learn from Douglas’s dissent (joined by Black), the statute in question required teachers to swear an oath that s/he is not a “subversive person”, defined as one who “advocates” the “destruction or alteration of the constitutional form of government of the United States”, which sure seems to me to present a federal issue; the Washington Supreme Court had held only that a teacher was entitled to a hearing on the question; as Douglas points out, this is not the same as declaratory relief because the teacher can get a hearing only if they refuse to take the oath and Constitutional issues would not be fully argued there
Hall v. Geiger-Jones Co., 242 U.S. 539 (decided January 22, 1917): upholding against Equal Protection and Dormant Commerce Clause attack state “blue sky” laws (which prohibit selling of fake securities — i.e., backed by nothing but “blue sky”) requiring brokers to be licensed
Louisville & Nashville R.R. Co. v. F.W. Cook Brewing Co., 223 U.S. 70 (decided January 22, 1912): Kentucky can prohibit intrastate shipments of liquor to counties that have voted to be “dry”, but to prohibit interstate shipments to such places violates Dormant Commerce Clause
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 586 U.S. — (decided January 22, 2019): one-year deadline to apply for patent after sale of product applies even though the sale was to a distributor under a confidentiality agreement; America Invents Act of 2011 did not change prior rule (product was a drug to control chemotherapy-induced nausea; “patentee” was suing maker of generic version)
January 23
United States v. Jones, 565 U.S. 400 (decided January 23, 2012): attaching a GPS device to suspected drug dealer’s vehicle (actually his wife’s) is a “search” of “effects” and therefore warrant needed
Ryburn v. Huff, 565 U.S. 469 (decided January 23, 2012): police entitled to qualified immunity for warrantless search when they went to house of student who had threatened to “shoot up” the school and when mother answered door and was asked if they had any guns she ran back inside
National Meat Ass’n v. Harris, 565 U.S. 452 (decided January 23, 2012): Federal Meat Inspection Act preempted California Penal Code as to slaughter and sale of “nonambulatory” animals (federal regulations allow sale of suitable parts after post-mortem inspection) (I am the son of a butcher and this nauseated even me)
Reynolds v. United States, 565 U.S. 432 (decided January 23, 2012): requirements of Sex Offender Registration and Notification Act do not apply to those convicted before the Act became law (July 27, 2006) unless (under the terms of the Act) the Attorney General so specifies (which he did on February 28, 2007); A.G. had been given discretion because of the plethora of pre-Act sex offenders to whom 50 different state registration laws applied
Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc., 546 U.S. 394 (decided January 23, 2006): Fed. R. Civ. Pro. 50 ties not just the trial court’s hands but also the appellate court’s: if, after motion for directed verdict (50(a)) no motion is made postverdict for judgment NOV and new trial (50(b)), then appellate court can’t enter judgment NOV nor order a new trial (issue at trial was allegedly fraudulently obtained patent, and the Tenth Circuit, whose procedural law applied, had previously ruled that a 50(b) motion did not have to be made)
January 24
Springer v. United States, 102 U.S. 586 (decided January 24, 1881): upholding federal income tax because it was not a “direct tax” such as has to be apportioned among the states by population (as is required by art. I, §2) (a later contrary decision led to the Sixteenth Amendment)
Panama Ry. Co. v. Pigott, 254 U.S. 552 (decided January 24, 1921): affirming Canal Zone District Court verdict for 7-year-old boy who was “run over” by a train (and still lived?); interesting because Holmes mentions that there was conflicting “testimony” from attorneys as to the law of Panama and judge had left that question of law for the jury (I once had a case transferred to Montreal and the Canadian attorneys told me that in that system “experts on the law” are allowed to testify — maybe it’s relevant that Quebec, like Panama, has a civil law and not a common law tradition)
National Organization for Women v. Scheidler, 510 U.S. 249 (decided January 24, 1994): RICO claim brought by abortion clinics against “pro-life” organizations can go forward because no economic motivation need be alleged (after years of litigation NOW finally lost)
Illinois v. Caballes, 543 U.S. 405 (decided January 24, 2005): appearance of second officer with cocaine-sniffing dog during traffic stop did not infringe Fourth Amendment where stop was not extended beyond the time it would ordinarily take to write the traffic ticket (first officer must have been a really slow writer)
Comm’r of Internal Revenue v. Banks, 543 U.S. 426 (decided January 24, 2005): if your recovery is taxable income (this was an employment discrimination suit), you have to pay tax even on that part that goes to the attorney (but the attorney pays on that amount also — isn’t that taxing the same income twice?)
January 25
Montgomery v. Louisiana, 577 U.S. 190 (decided January 25, 2016): Miller v. Alabama, 2012, declaring that life without parole for juvenile offenders is “cruel and unusual punishment”, is to be applied retroactively
Richardson v. Lawrence County, 154 U.S. 536 (decided January 25, 1864): holder of bonds could recover par value even though railroad sold them at 64 cents on the dollar, where county had authorized railroad to sell them only at par
Menominee Indian Tribe of Wisconsin v. United States, 577 U.S. 250 (decided January 25, 2016): no equitable tolling of statute of limitations for tribe suing on claim that federal government breached contract by failing to pay support costs for Indian-run health service; tribe mistakenly believed that there was a toll until a related class action was decertified (the law on that issue is muddled — they should have been “better safe than sorry”)
Spectrum Sports, Inc. v. McQuillan, 506 U.S. 447 (decided January 25, 1993): no “attempted monopolization” (§2 of the Sherman Act) where there was no “dangerous probability of success” (this had to do with a new shock-absorbing polymer used in athletic products; manufacturer’s switch to new distributor put old distributors out of business) (“The purpose of the Sherman Act is not to protect businesses from the working of the market; it is to protect the public from the failure of the market”)
Virginia v. American Booksellers Ass’n, 484 U.S. 383 (decided January 25, 1988): certifies question to Virginia Supreme Court as to applicability of new Virginia statute criminalizing display of sexually explicit materials where juveniles could see it insofar as it would apply to juveniles of different ages (Virginia court answered that books in question were not “sexually explicit” as defined in the statute, 236 Va. 168) (books included “Ulysses” and “The Witches of Eastwick”)
January 26
Crawford v. Nashville, 555 U.S. 271 (decided January 26, 2009): Title VII of the Civil Rights Act of 1964 forbids retaliation against an employee who makes an accusation of sexual harassment. Here the Court holds that it also protects an employee who reports sexual harassment only after being asked about it by the employer’s agent as part of an investigation into the alleged harasser. (That’s right: at a presumably confidential investigative interview she was asked if she’d heard about this guy harassing anyone, she said yes, and she got fired for it.)
Arizona v. Johnson, 555 U.S. 323 (decided January 26, 2009): Warrantless patdown of passenger justified during Terry stop (expired registration) when answers and clothing gave indicia of gang membership (Crips) and defendant had a police scanner in his pocket (handy for a getaway car). The opinion contains a good, brief summary of traffic stop law that began with Terry.
United States v. Watson, 423 U.S. 411 (decided January 26, 1976): Postal inspectors can arrest you if you have stolen mail (or even for any felony, evidently even if unconnected with mail, 18 U.S.C. §3061(a)(2)). Here, the Court holds that an arrest in a restaurant did not need a warrant, after a “reliable informant” told the inspector that defendant possessed stolen credit cards. (My old girlfriend worked for the county Weights and Measures Bureau, going around in her uniform testing meat scales in stores, etc., and learned that technically she had the power to arrest people. She never did, of course, but it would have been fun to do her last day on the job.)
Draper v. United States, 358 U.S. 307 (decided January 26, 1959): warrantless arrest allowed where informant had described what train defendant would be stepping off of, what he would be wearing, the color of his satchel (which contained heroin), and that he would be walking fast
Shapiro v. Doe, 396 U.S. 488 (decided January 26, 1970): Court dismisses appeal of decision invalidating requirement that mother of non-martial children receiving welfare reveal the name of the man she was living with, because appeal deadline was missed by one day; Black and Douglas dissent, arguing that the Constitutional issues are important enough to invoke Court’s power to overlook deadline in the interest of justice (I don’t think the Court ever got another chance to address this question)
January 27
Adair v. United States, 208 U.S. 161 (decided January 27, 1908): Congress cannot criminalize sacking an interstate carrier employee for being a union member because membership in a union is not interstate commerce (overruled by Phelps Dodge Corp. v. NLRB, 1941)
Daniel v. Louisiana, 420 U.S. 31 (decided January 27, 1975): holding of Taylor v. Louisiana, 1975, that excluding women from jury violates Sixth Amendment guarantee of fair and impartial jury, does not retroactively apply to other prosecutions (as Douglas points out in dissent, this way of thinking makes no sense, and it was eventually overruled, see discussion in Griffith v. Kentucky, 1987)
Wallace v. United States, 133 U.S. 180 (decided January 27, 1890): dismissing Gen. Lew Wallace’s attempt to get paid $10,000 instead of $7,500 as ambassador to Turkey (this is the man who wrote “Ben-Hur”, which according to Wikipedia was earning him $11,000 a year by 1886, $290,000 in today’s dollars)
Clarke v. Haberle Crystal Springs Brewing Co., 280 U.S. 384 (decided January 27, 1930): brewer can’t write off financial collapse due to Prohibition as a business loss
Sandifer v. United States Steel Corp., 571 U.S. 220 (decided January 27, 2014): steelworkers get paid for time spent changing into and out of their furnace clothes (I suppose this would have made the shower scenes in “The Deer Hunter” less frantic)
January 28
Gold v. United States, 352 U.S. 985 (decided January 28, 1957): defendant on trial for filing false affidavit stating he was not a Communist Party member (such affidavits had to be submitted by union officials under the Taft-Hartley Act); conviction vacated because FBI unintentionally intruded into the jury (while investigating another false-affidavit case, called three jurors to see if they had received any “propaganda literature” — which I suppose would be tampering in itself)
Briggs v. Elliott, 342 U.S. 350 (decided January 28, 1952): desegregation case was not ripe for review when trial court had not yet evaluated the report ordered from school officials on progress of equalization
Hillsborough Township v. Cromwell, 326 U.S. 620 (decided January 28, 1946): Suit brought by the heiress Doris Duke who felt she was being taxed more than others in her class. New Jersey case law held that her remedy was not to seek equalization but to sue other members of her class so that their taxes were brought up to her level. Not surprisingly, the Court holds this scheme to amount to a denial of Equal Protection.
Greer v. United States, 245 U.S. 559 (decided January 28, 1918): where evidence of character is not introduced in criminal trial, judge properly refused to instruct jury that defendant is presumed to be of good character (charge was whiskey running)
O’Connell v. Kirchner, 513 U.S. 1303 (decided January 28, 1995): Guardian ad litem and adoptive parents seek stay of Illinois Supreme Court’s order to hand “Baby Boy Richard” back to his biological father. Stevens denies, on the grounds that the Court can’t review the Illinois court’s disposition of the procedural defect claimed. Stevens mentions the “erroneous adoption decree” issued in 1992 by the Illinois court which “has had such unfortunate effects on innocent parties”. From the lower court opinions it appears that adoption had been ordered by the trial court on the basis of the father not showing interest in the baby for the first 30 days after birth, but the mother admitted that she had told him the baby had died.
January 29
Marchetti v. United States, 390 U.S. 39 (decided January 29, 1968): I didn’t know until I read this case that something can be against the law and still be taxed. “Wagering” (handling bets) is (or was) an example. Not only did (do?) “wagerers” have to pay taxes, they were required to register and publicly post their licenses. Defendant here refused to do any of this, citing the Fifth Amendment privilege against self-incrimination. The Court agrees, noting that the information gathered by the statutory scheme is used by prosecutors, and holding that asserting the privilege is a complete defense. (In other words, I admit that I broke the law and therefore you can’t prosecute me.) The Court notes “different” circumstances where “a taxpayer is not confronted by substantial hazards of self-incrimination”, but I can’t imagine how that would ever be true if the taxed activity is illegal.
Haynes v. United States, 390 U.S. 85 (decided January 29, 1968): Decided the same day as Marchetti, with a similar situation. Small firearms, i.e., capable of being concealed, were presumed to be used “principally by persons engaged in unlawful activities”, and therefore were subject to special taxation and registration requirements. Also included were small firearms actually constructed by the owner. Ownership of an unregistered firearm is a criminal offense. (The statutes, 26 U.S.C. §§5841 and 5845, are still in force.) The Court here holds that one cannot register a small firearm without incriminating oneself, because the registration requirements include providing personal information and whether he has ever been convicted of a crime; therefore it reverses a conviction for ownership of an unregistered firearm as defined.
United States ex rel. Lowe v. Fisher, 223 U.S. 95 (decided January 29, 1912): Descendants of former slave of Cherokees had no claim because he did not return to reservation (and get his allotted land) within six-month deadline set by Court of Claims. The opinion has an interesting historical discussion of tribes’ attitudes towards being forced to give up their slaves; whether freed black people should have the same rights as tribesmen; and how Congress dealt with the issue over the years.
Teitel Film Corp. v. Cusack, 390 U.S. 139 (decided January 29, 1968): Chicago “censor” process violated First Amendment because 1) gave the censor too much time to decide whether a film could be shown and 2) did not provide for prompt judicial review (the films, “Rent-a-Girl” and “Body of a Female”, can be found online; they’re what “Carnival of Souls” would look like if filmed by a sex-obsessed 14-year-old boy)
Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102 (decided January 29, 1968): Owner of car whose insurer was being sued in connection with accident didn’t have “absolute, substantive right” to be joined as defendant because joining him was “infeasible” due to destroying diversity and therefore he was not an “indispensable party” under FRCP 19. What?? (my Civ Pro professor complimented Harlan’s analysis, but my Complex Litigation prof called this case “incomprehensible”, which made me feel better, because this logic seems circular to me, even 34 years later)
January 30
Southern Pacific Co. v. Gallagher, 306 U.S. 167 (decided January 30, 1939): California’s Use Tax did not violate Dormant Commerce Clause because it applied only to use or storage of property in-state after interstate sale was completed
United States v. Durkee Famous Foods, 306 U.S. 68 (decided January 30, 1939): can’t bring second indictment after statute of limitations has run (first one was quashed)
H.P. Welch Co. v. New Hampshire, 306 U.S. 79 (decided January 30, 1939): New Hampshire statute prohibiting driving for hire more than 12 hours a day was not preempted by federal regulation
Mackay Radio & Telegraph Co. v. Radio Corp. of America, 306 U.S. 86 (decided January 30, 1939): directional antenna is patentable even though it merely rearranges wires in different lengths and directions in accordance with publicly known formula
Gillespie v. Oklahoma, 257 U.S. 501 (decided January 30, 1922): state can’t tax income from lease of protected Indian lands (overruled by Helvering v. Mountain Producers Corp., 1938, insofar as applied to other government-protected lands)
January 31
Brotherhood of Locomotive Engineers v. Chicago, Rock Island & Pacific R.R. Co., 382 U.S. 423 (decided January 31, 1966): Arkansas statute regulating size of train crews survives Dormant Commerce Clause attack (it in effect applied only to intrastate lines)
United States v. Shubert, 348 U.S. 222 (decided January 31, 1955): theatrical productions are “interstate commerce” subject to Sherman Act (defendant produced the shows + booked them + operated the theaters, which even defendant admitted could amount to violation)
West River Bridge Co. v. Dix, 47 U.S. 507 (decided January 31, 1848): power of eminent domain supersedes prohibition on impairing contracts (art. I, §10) (state allowed company to build bridge over river and collect tolls for 100 years; 44 years later paid it off with a lump sum and turned it into a free bridge; company didn’t like that)
Railway Express Agency v. People of the State of New York, 336 U.S. 106 (decided January 31, 1949): upholding against Equal Protection attack New York City regulation forbidding vehicles used only for advertising display (in the 1990’s you’d see trucks going around midtown advertising “gentleman’s clubs”; they looked like mobile billboards but they did have a minimum amount of cargo space inside (for the dancers?))
Kovacs v. Cooper, 336 U.S. 77 (decided January 31, 1949): on the same day, upholding for the same reason (public safety) Trenton, N.J. regulation prohibiting “loud and raucous” sound trucks
Prince v. Massachusetts, 321 U.S. 126 (decided January 31, 1944): tax deductions must be construed narrowly (here, a deduction on excise taxes on tires for tax already paid on raw materials did not also apply to taxes paid on “partly processed” materials; Black parses the code sections and reviews legislative history) (I didn’t know until I read this case that cotton used to be an ingredient in tires)