March
in Supreme Court History
March 1
Strauder v. West Virginia, 100 U.S. 303 (decided March 1, 1880): Fourteenth Amendment violated by state statute restricting jury duty to whites; the Court’s dictum as to some restrictions being permissible was overruled by Taylor v. Louisiana, 1975, insofar as restricting it to males
Swint v. Chambers Co. Comm’n, 514 U.S. 35 (decided March 1, 1995): the Court once again takes on the persistent issue of discretionary “pendent appellate jurisdiction”, i.e., appealing a normally non-appealable order along with an appealable one; here, in a §1983 suit against police officers and county arising from a narcotics raid on a nightclub, it holds that officers’ appeal from order denying them qualified immunity (automatically appealable despite not being a final judgment) does not bring along with it county’s appeal from order denying summary judgment; claim against county involved different issues (e.g., formation of policy), and the Circuit Court had no discretion to hear it (cf. National Fire Ins. v. Bartolazo, 27 F.3d 518, where in an insurance coverage dispute court heard appeal of denial of plaintiff’s summary judgment motion — nonfinal order — along with appeal of granting of defendant’s, because the issues and evidence were the same and the lower court’s decision disposed of the case anyway)
Marks v. United States, 430 U.S. 188 (decided March 1, 1977): new definition of impermissible “obscenity” announced in Miller v. California, 1973, did not apply to pending prosecutions (Court also makes the useful point that when it issues a plurality decision, its “holding” for precedential purposes will be the opinion of the judge(s) who concurred on the narrowest ground)
Freedman v. Maryland, 380 U.S. 51 (decided March 1, 1965): another obscenity case: can’t show a banned movie until you get a judge to overrule the censor’s order (though conviction vacated anyway because state statute didn’t provide for prompt judicial review)
Roper v. Simmons, 543 U.S. 551 (decided March 1, 2005): Eighth Amendment prohibits executing those under 18 when crime committed (overruling Stanford v. Kentucky, 1989)
FTC v. Sperry and Hutchinson Co., 405 U.S. 233 (decided March 1, 1972): Remember S&H green stamps? I do, though my mother never spent time pasting stamps into those redeemable booklets (she was too busy raising six kids). The FTC ordered S&H to cease a marketing scheme that supposedly unfairly inhibited competition. Court holds that though the FTC can enjoin practices that violate neither the letter nor the spirit of anticompetition statutes, in this case its order made no findings and gave no reasons. (From the opinion we learn that since 1896 S&H had issued more than a trillion stamps.)
The Mary Ann, 21 U.S. 380 (decided March 1, 1823): captain of slave ship screwed up the paperwork (slaves have to be listed in duplicate!) but Marshall vacates forfeiture because the indictment was also was screwed up for lack of specifics; sends it back for correction
Lockhart v. United States, 577 U.S. 347 (decided March 1, 2016): child pornography statute increasing sentence if prior “aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward” (emphasis added) applied to prior conviction of abuse of adult
FCC v. AT&T, Inc., 562 U.S. 397 (decided March 1, 2011): corporations don’t have “personal privacy” rights so as to resist FOIA requests (FCC had granted FOIA request for records AT&T had provided to law enforcement in investigation of overcharging government) though they do have the “trade secrets” privilege
Arizona v. Evans, 514 U.S. 1 (decided March 1, 1995): marijuana seized as result of arrest warrant that had already been quashed held admissible; “good faith” exception to exclusionary rule because due to clerical error police hadn’t been told of the quash (the warrant, issued by a town judge because defendant hadn’t shown for a hearing as to traffic violations, was quashed by another judge when he did show several days later, apparently by clerk notating in ledger without telling defendant)
March 2
Gibbons v. Ogden, 22 U.S. 1 (decided March 2, 1824): power of Congress to regulate interstate commerce also includes navigation (this holding became huge as technology advanced; it later was applied to trains, automobiles, radio, etc. — to my mind the 19th century, more than the 20th or any other century, was the most transformative, as to technology and how it changed our lives)
Snyder v. Phelps, 562 U.S. 443 (decided March 2, 2011): odious acts of Westboro Baptist Church (holding signs at burials of servicemen killed in the line of duty saying they were killed by God as punishment for nation’s acceptance of gay rights) did not hinder burial and were protected by First Amendment; dismisses grieving father’s suit for intentional infliction of emotional distress
Clay v. Field, 138 U.S. 464 (decided March 2, 1891): another case holding that pre-Civil War plantation’s value is what it was worth with the use of slaves but not including value of the slaves themselves
Johnson v. United States, 559 U.S. 133 (decided March 2, 2010): after conviction for possession of ammunition, prior state conviction for battery was not predicate for increased sentence under Armed Career Criminal Act; state statute as to battery did not necessarily involve “physical force” as required by ACCA, just “touching”
Peguero v. United States, 526 U.S. 23 (decided March 2, 1999): trial judge must advise convicted felon of his right to appeal sentence but if he knows about this anyway it’s harmless error
Packwood v. Senate Select Committee on Ethics, 510 U.S. 1319 (decided March 2, 1994): Rehnquist rejects Senator Packwood’s argument that his Fourth Amendment right to privacy is violated by Senate Ethics Committee subpoena for his diaries; doubts four Justices would grant cert (though it never got that far; accused of sexual harassment, Packwood resigned)
Voinovich v. Quilter, 507 U.S. 146 (decided March 2, 1993): creation of majority-minority districts did not necessarily violate Voting Rights Act prohibition on vote dilution (Virginia legislature was aiming for 55% black representation in that part of the state)
New York v. O’Neill, 359 U.S. 1 (decided March 2, 1959): Dormant Commerce Clause not violated by statutes in 42 states permitting witnesses to be subpoenaed in criminal cases for testimony out-of-state
United States v. New York, 315 U.S. 510 (decided March 2, 1942): The United States and New York fight over distribution of bankrupt employer’s assets to pay taxes due. Byrnes talks about “arithmetic” versus “quadratic” formulas for determining setoff (but I don’t see any math in the opinion); holds that unpaid social security taxes (federal) are offset by unemployment fund taxes (state).
Whitfield v. Ohio, 297 U.S. 431 (decided March 2, 1936): Ohio statute prohibiting sale of prison-made goods did not violate Dormant Commerce Clause even though it included prison-made goods from out of state (sale was of “men’s work shirts”)
March 3
Schenck v. United States, 249 U.S. 47 (decided March 3, 1919): upholding Espionage Act conviction for mailing young men leaflets encouraging them to protest the draft (during World War I)
The Ku-Klux Cases, 110 U.S. 651 (decided March 3, 1884): upholding conviction of men who beat up black man to keep him from voting; 18 U.S.C. §51 (“Enforcement Act”) validly creates liability of private persons for obstructing federal rights
Cohens v. Virginia, 19 U.S. 264 (decided March 3, 1821): Court can review state criminal proceedings (here, conviction for illegally selling D.C. lottery tickets in Virginia; Court then holds that it was a local matter and no jurisdiction!)
Negusie v. Holder, 555 U.S. 511 (decided March 3, 2009): Was Eritrean/Ethiopian applying for asylum (a former prison guard) persecuted in his home country (forced to beat prisoners) or in fact one of the persecutors? If a persecutor, barred by regulations from asylum, but Court finds the rule developed by the Board of Immigration Appeals to be ambiguous and not based on relevant statute (case then bounced back and forth between the BIA and the Attorney General, with the change of administrations playing a part; still undecided, as far as I can tell)
Federal Republic of Germany v. United States, 526 U.S. 111 (decided March 3, 1999): Court says it has no jurisdiction to rule on International Court of Justice’s order, upon motion of Germany, not to execute German citizen convicted in Arizona of murder (Germany, being part of the civilized world, abolished the death penalty long ago) (the next day the German, Walter LeGrand, was executed via gas chamber at the prison in Florence, Arizona)
Kawaauhau v. Geiger, 523 U.S. 57 (decided March 3, 1998): medical malpractice award for “reckless” conduct dischargeable in bankruptcy; injury not intentional and not within exception for “willful and malicious injury”, 11 U.S.C. §523(a)(6) (no one ever taught me this, but in law school I thought of it this way: if you’re approaching an intersection and don’t check to see if the light’s green, you’re negligent; if you see the light’s red and you still proceed, you’re reckless; if you see someone crossing and drive right into him, you’re intentional)
Adams v. Robertson, 520 U.S. 83 (decided March 3, 1997): Court can’t review state court proceedings if federal issue wasn’t presented to state court of last resort (here, claim that class members in action against health insurer for fraud were not given chance to opt out)
Reves v. Ernst & Young, 507 U.S. 170 (decided March 3, 1993): accountants not liable under RICO because did not participate in operation or management of farmers’ cooperative (18 U.S.C. §1962(c)), even though they did not inform Board of Directors of possible insolvency
School Board of Nassau Co., Florida v. Arline, 480 U.S. 273 (decided March 3, 1987): teacher susceptible to tuberculosis (1957 hospitalization, relapses in 1977 and 1978; fired in 1979) was “handicapped individual” under Rehabilitation Act of 1973 and protected from discrimination (the school argued that she was placing her students at risk; the Court says, “It would be unfair to allow an employer to seize upon the distinction between the effects of a disease on others and the effects of a disease on a patient and use that distinction to justify discriminatory treatment,” which seems strange to me, especially when children in close contact are involved)
Arizona v. Hicks, 480 U.S. 321 (decided March 3, 1987): Police entering apartment searching for shooter. Suspecting stolen stereo, they could record serial numbers in plain view (that’s not a “seizure”) but needed warrant to move things around to see the numbers (that would be a “search”) (but what if the police officer had a sneezing fit and “accidentally” butted into things?).
March 4
United States v. Tsarnaev, 595 U.S. 302 (decided March 4, 2022): upholding conviction of 2013 Boston Marathan bomber; trial judge had discretion at voir dire to ask only general questions about media exposure, and to exclude at sentencing mention of brother’s triple homicide to show that defendant was not the ringleader of bombing (according to Wikipedia, attorney is as of this writing cooking up arguments for another appeal) (opportunities for agreement with Tsarnaev are limited, but he was right about trying to eat cherry tomatoes with a fork)
FBI v. Fazaga, 595 U.S. 344 (decided March 4, 2022): in suit by Muslims alleging discriminatory surveillance, Court holds that government (which opposed disclosure of surveillance materials) does not have to follow procedure in 50 U.S.C. §1806(f) for in camera inspection even though on its terms it applies when (as in this case) government asserts “state secrets” privilege (unanimous decision, in which the Court cites the leading case on the privilege, Reynolds v. United States, 1953, a case alleging death due to faulty government plane, where the government claimed the state secrets privilege and wouldn’t even allow in camera inspection; the Court doesn’t tell us that years later the Reynolds documents were declassified and showed no state secret, just an engine fire, and it refused to hear that case again)
Lawson v. FMR, LLC, 571 U.S. 429 (decided March 4, 2014): protection of whistleblower statute, 18 U.S.C. §1514A(a), extends to employees of private contractors serving publicly traded companies (here, advising as to mutual funds) (the mutual fund itself, Fidelity, had no employees; Sotomayor, joining Kennedy and Alito in dissent, points out that the phrase in §1514A(a) is “employees of publicly traded companies”)
Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (decided March 4, 1998): same-sex harassment is actionable under Title VII
United States v. Ramirez, 523 U.S. 65 (decided March 4, 1998): officer can break in, damaging property (e.g., smashing in window) if knocking would reasonably result in evidence being destroyed, witnesses disappearing, or danger (i.e., “no-knock warrant”)
Bennis v. Michigan, 516 U.S. 442 (decided March 4, 1996): Wife owned car jointly with husband. Husband convicted of sex with prostitute in car. Wife didn’t know about it. Car is still forfeited and she doesn’t get compensated for her share. Does this sound fair? The car was 11 years old and she had another car available, but still . . . 5 - 4 decision.
Whitley v. Albers, 475 U.S. 312 (decided March 4, 1986): prisoner shot without warning during prison riot did not suffer “cruel and unusual punishment”; no showing that shooting was unnecessary or wanton
Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (decided March 4, 1985): prohibiting out-of-state lawyers from bar admission violated Privileges and Immunities Clause (though the state can still make it pretty damned inconvenient; try being a New York lawyer applying for admission in Connecticut or Vermont!)
Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (decided March 4, 1981): employer accused of sex discrimination must only give clear non-pretextual rationale for not hiring plaintiff; doesn’t have to be preponderance of evidence
Johnson v. Robinson, 415 U.S. 361 (decided March 4, 1974): not a Free Exercise violation to exclude conscientious objectors (who had completed required non-military service) from educational benefits available to veterans
March 5
Nebbia v. New York, 291 U.S. 502 (decided March 5, 1934): a pre-“switch” case where Roberts, writing the opinion, sides against the “Four Horsemen”, upholding the New York Milk Board’s setting of maximum and minimum prices, being that milk prices were important to public welfare, no violation of Due Process (maybe OT, but look up the bio of Jimmy Savo, a mime popular with Italian Americans of my grandparents’ generation; his family was too poor to afford Grade B milk, used powdered instead, and as a result he didn’t die in the typhus epidemic, and that was just the first example in his life — “hard luck made him a star”)
Ewing v. California, 538 U.S. 11 (decided March 5, 2003): Upholding California’s 1993 “three strikes” law (two previous “serious” felonies results in indeterminate life sentence) against Eighth Amendment attack (this was one of several such laws nationwide at the time; Mark Alan Stamaty did a cartoon “debate” where the candidates try to outdo each other — “TWO strikes and you’re out” — “ONE strike and you’re out” — “NO strikes” — the other candidate is nonplussed and says, “NO strikes?” and she loses the election) (in another debate, the two candidates keep jumping up and down saying “Death Penalty! Death Penalty! Death Penalty!” — and the one who pauses momentarily to take a breath, loses the election)
The Merino, 22 U.S. 391 (decided March 5, 1824): deals with forfeiture of several ships holding slaves; interesting because as to two of the ships the Court seems to be saying that the 1800 Act prohibiting overseas slave trade doesn’t apply to a ship carrying slaves who were already sold, they being at that point merely passengers being transported to their owners
Lance v. Coffman, 549 U.S. 437 (decided March 5, 2007): individual citizens have no standing to contest state supreme court’s revision of redistricting plan
Smith v. Doe, 538 U.S. 84 (decided March 5, 2003): statute requiring registration of convicted sex offenders was not punitive (technically) and therefore was not ex post facto
Anders v. Floyd, 440 U.S. 445 (decided March 5, 1979): District Court should not have stayed state court prosecution for murder after abortion of 25-week-old fetus; remanded to see how state court proceeding turned out and what kind of instructions are given as to “viability”
Ohio v. Kentucky, 410 U.S. 641 (decided March 5, 1973): Ohio precluded, by its long acquiescence, from contesting Kentucky’s claim that its border extended to the far side of the Ohio river; Court notes that its original jurisdiction is basically equitable, not legal (i.e., it can fashion whatever remedy or use any common law theory it wants to)
Harris v. United States, 390 U.S. 234 (decided March 5, 1968): no warrant needed for search of robbery defendant’s impounded vehicle (while closing windows, found registration card showing car belonged to victim)
McKoy v. North Carolina, 494 U.S. 433 (decided March 5, 1990): Eighth Amendment violated by requirement that jurors find mitigating factors precluding death penalty only beyond a reasonable doubt (Marshall writes opinion for a 6 - 3 Court)
Lynch v. Donnelly, 465 U.S. 668 (decided March 5, 1984): Pawtucket, R.I. nativity scene did not violate Establishment Clause; was part of city display with secular elements such as Santa and his sleigh (this case was the birth of the “reindeer rule”)
March 6
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 the most-abrogated case in Court history, by the Civil War, by the Thirteenth, Fourteenth and Fifteenth Amendments, and more) (for some reason Taney did not like Nelson’s original “hands-off” affirmance on narrow grounds and took quill in hand to write a sweeping holding that he imagined would settle the slave issue once and for all — he was 79 and maybe getting feeble) (we all know about the political effect of this disaster, but what about the legal effect? the Court held that black people had no rights -- was every lawsuit brought by a black plaintiff then dismissed for lack of standing? was every black voter thrown off the rolls?)
McCulloch v. Maryland, 17 U.S. 316 (decided March 6, 1819): Congress can establish a national bank, and the states cannot tax it
Virginia v. West Virginia, 220 U.S. 1 (decided March 6, 1911): In 1861 West Virginia broke away from Virginia because it didn’t want to secede and also it wanted to abolish slavery; years later Virginia goes after West Virginia for its share of Virginia’s public debt (public projects in those areas). No statute of limitations on suits between states, evidently; suit wasn’t brought until 1906. Holmes here holds mostly for Virginia but adjusts the amount based on post-Civil War developments and refuses to let the states further nickel-and-dime things in front of the Special Master. “This case is one that calls for forbearance upon both sides. Great states have a temper superior to that of private litigants, and it is to be hoped that enough has been decided for patriotism, the fraternity of the Union, and mutual consideration to bring it to an end.”
Peña-Rodriguez v. Colorado, 580 U.S. 206 (decided March 6, 2017): Remember “12 Angry Men”, and Juror #10’s (Ed Begley) racist diatribe? Courts in general hate to undo a verdict based on juror misconduct, but here, where a juror made statements during deliberations showing racial bias, the Court sends the case back to the trial court to see if Sixth Amendment fair trial right was violated. (I’m one of those trial lawyers who asks the jurors after the verdict whether they want to stay behind and give me their impressions. The trial attorney did that here, found this out from one of the other jurors.)
Portuondo v. Agard, 529 U.S. 61 (decided March 6, 2000): Most criminal defense attorneys don’t let their clients testify. This case shows why. The prosecutor told the jury that sitting there day by day, hearing witnesses, allowed defendant to tailor his testimony when he got to the stand. The Court says this is o.k.; it did not violate his right to confrontation, or his right to an impartial trial, or his right to testify on his own behalf.
Barnard v. Thorstenn, 489 U.S. 546 (decided March 6, 1989): striking down on Fourteenth Amendment grounds Virgin Islands rule that admits attorneys to its bar only if they’ve lived there a year and promise to stay there (“no, I’d rather freeze half the year in the Chicago, stuck in traffic jams!”)
Adams v. Illinois, 405 U.S. 278 (decided March 6, 1972): rule of Coleman v. Alabama, 1970 (there must be a preliminary hearing and counsel must be present at it) is not retroactive
Silverman v. United States, 365 U.S. 505 (decided March 6, 1961): police in adjacent consenting house bored “spike mike” into shared wall until it hit defendant’s vent, which acted as a megaphone, and clearly heard conversations of gambling; this was “search” needing warrant (in 1985 our crisis center moved into a basement space needing ventilation; I was about to put in a duct leading to the outside until someone pointed out it would broadcast our clients’ secrets out into the street)
Bay v. Merrill & Ring Logging Co., 243 U.S. 40 (decided March 6, 1917): railroad employee could not sue under Federal Employers’ Liability Act; railroad’s in-state logging (Puget Sound) not involved in interstate commerce even though logs later sold to customer in California
Bond v. Hume, 243 U.S. 15 (decided March 6, 1917): cotton futures contract made in New York could be sued on in Texas federal court; Texas statute prohibiting such contracts on its terms applied only to contracts made in-state
March 7
Briscoe v. LaHue, 460 U.S. 325 (decided March 7, 1983): police officers had immunity in prisoners’ suit alleging they were convicted due to officers’ perjury; testimony in court was not “acting under color of law” so no §1983 liability
Baldwin v. Franks, 120 U.S. 678 (decided March 7, 1887): federal statute, and 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 was outside the reach of Congress because interstate commerce not involved; opinion by Waite (in his typically dreary style); Harlan dissents (and as he often did, correctly)
Talley v. California, 362 U.S. 60 (decided March 7, 1960): striking down on Fourteenth Amendment grounds (incorporating First Amendment) city ordinance prohibiting distributing handbills which did not indicate who prepared or distributed them (handbills urged boycott of businesses which would not hire nonwhites)
Wooden v. United States, 595 U.S. 360 (decided March 7, 2022): burgling ten different units in storage facility on same night counted as only one prior offense for purposes of aggravation provision of Armed Career Criminal Act
South Carolina v. Katzenbach, 383 U.S. 301 (decided March 7, 1966): Voting Rights Act of 1965 is within Congress’s powers to enforce Fifteenth Amendment (provisions at issue were elimination of poll tests, presence of federal inspectors, etc.)
Federal Power Comm’n v. Tuscarora Indian Nation, 362 U.S. 99 (decided March 7, 1960): Indian lands were owned in fee simple and were not “reservations” excluded from eminent domain; New York could condemn and flood land for hydroelectric project (with just compensation)
ICC v. Delaware, Lackawanna & Western R.R. Co., 216 U.S. 531 (decided March 7, 1910): ICC can order main line to install switch connection upon request of shipper but not on request of lateral line carrying only passengers within state
Wearry v. Cain, 577 U.S. 385 (decided March 7, 2016): prosecution’s duty to disclose exculpatory information, Brady v. Maryland, 1963, includes statements from witnesses casting doubt on credibility of prosecution’s main witness
March 8
Griggs v. Duke Power Co., 401 U.S. 424 (decided March 8, 1971): the first case holding that 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 far 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 (decided March 8, 1943): resolving a dispute as to lands allotted to the Choctaws and Chickasaws in 1866, under an agreement where they agreed to free their slaves and provide them with an allotment; it looks like only with this decision were the freedmen finally given their allotments, after being in a legal limbo for 77 years
Crawford v. United States, 541 U.S. 36 (decided March 8, 2004): the Court returns to traditional evidentiary rules and prohibits out of court statements in criminal trials; assault defendant’s wife’s statement as to defendant stabbing her rapist, taped and played to the jury without opportunity for cross-examination, held inadmissible under Confrontation Clause no matter how “reliable” (overruling Ohio v. Roberts, 1980, where the out-of-court witness had been subjected to questioning that was “the equivalent of cross-examination”)
Building & Constr. Trades Council v. Associated Builders & Contractors of Massachusetts/Rhode Island, 507 U.S. 218 (decided March 8, 1993): National Labor Relations Act does not preempt Massachusetts regulations as to what a collective bargaining agreement has to contain before state awards contract to management
Smith v. United States, 507 U.S. 197 (decided March 8, 1993): Antarctica was “foreign country” (even though there’s no government there) so outside purview of Federal Tort Claims Act; widow of federal contractor employee who fell into crevasse in snow field can’t sue
Danforth’s Lessee v. Thomas, 14 U.S. 155 (decided March 8, 1816): can’t enter Indian lands to survey for possible partition; strict construction of state statute, leaving aside whether treaties gave Indians right of property or merely use and enjoyment
Pierce v. United States, 252 U.S. 239 (decided March 8, 1920): upholds guilty verdict in Espionage Act/conspiracy case; handing out leaflets protesting war (“The Price We Pay”) could be said to impede war effort and encourage insubordination; the dissent by Brandeis, joined by Holmes, goes through the facts of the case and is pretty convincing, I think
Ortega-Rodriguez v. United States, 507 U.S. 234 (decided March 8, 1993): Court of Appeals should not have dismissed appeal of narcotics conviction due to defendant’s escaping custody; recaptured before appeal went forward and it was up to the trial court to impose any sanctions
Bread Political Action Committee v. Federal Election Commission, 455 U.S. 577 (decided March 8, 1982): trade association and political action committee did not have standing to invoke expedited review of issue of constitutionality of Federal Election Campaign Act of 1971 (currently codified at 52 U.S.C. §30110); statute affords expedited review only to “The Commission, the national committee of any political party, or any individual eligible to vote for President” (plaintiffs, ironically or maybe obviously, were objecting to the part of the Act which limited soliciations by trade associations and political action committees) (the Court has since eviscerated the Act anyway)
Durham v. United States, 401 U.S. 481 (decided March 8, 1971): deadline for filing cert petition is not jurisdictional; cert allowed because defendant (convicted of counterfeiting) was waiting for word from Court of Appeals on rehearing; case did not abate when defendant died, but cert. granted and case remanded to District Court with instructions to dismiss (this part of the case was overruled by Dove v. United States, 1976)
March 9
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. Court vacates $500,000 verdict.
INS v. Cardoza-Fonseca, 480 U.S. 421 (decided March 9, 1987): alien can on asylum grounds oppose deportation after overstaying visa not for “clear probability” of prosecution in her home country, but just a “well-founded fear” (applicant’s brother had been tortured in their native Nicaragua by those who knew she had escaped) (in my experience, overstaying a visa is the rational thing to do: show up in Federal Plaza in New York for an extension, or for any appointment for that matter, even a citizenship interview, and they take away your cell phone — back in the pre-cell phone era when my wife applied, there weren’t any pay phones there — and won’t let anyone accompany you, and you might find yourself put in handcuffs and flown back to Mexico on false pretenses, which is what happened to my neighbor, who had an American husband and three young children born in this country)
United States v. The Amistad, 40 U.S. 518 (decided March 9, 1841): Africans who had taken over Spanish slave ship which ended up off Long Island were freemen; kidnaped into slavery illegally and therefore Adams-Onís Treaty of 1819, which required return of slaves, did not apply, and were not “property”, so the Pinckney Treaty of 1795, requiring return of property, did not apply (case argued by John Quincy Adams — as Secretary of State, the “Adams” of the Adams-Onís Treaty — who could not have been as hammy as Anthony Hopkins in the 1997 movie, nor did he have to shout over any loud, inspiring John Williams music flooding the courtroom)
Wood v. Davis, 11 U.S. 271 (decided March 9, 1812): Marshall reverses a judgment of freedom, holding that a judgment that the mother was free does not mean that her children are free. Ah, good times . . . Francis Scott Key argued for the slaveowner. Gabriel Duvall (later on the Court) argued for those seeking freedom.
Illinois v. Krull, 480 U.S. 340 (decided March 9, 1987): statutorily permitted warrantless search was done in good faith and therefore evidence obtained is admissible even though this type of search was later found unconstitutional (search of autos in junkyard revealed that three were stolen; the next day, the local federal court in another case found the statute violated Due Process, 518 F. Supp. 582)
Department of Transportation v. Ass’n of American Railroads, 575 U.S. 43 ( decided March 9, 2015): Amtrak is a governmental entity and therefore has authority (along with Department of Transportation) to set national passenger railroad standards
Vermont v. Brillon, 556 U.S. 81 (decided March 9, 2009): three-year wait did not violate Sixth Amendment “speedy trial” right; delays were due to defendant (who went through six court-appointed attorneys that he either fired or threatened to kill) (I was an intern in the Brooklyn D.A. office and, though I never heard of anything this extreme, I did notice that most defendants did not want a speedy trial, even though like this guy they were in jail the whole time; certainly their attorneys didn’t, delay gave them more time to prepare)
Kansas v. Colorado, 556 U.S. 98 (decided March 9, 2009): Original jurisdiction cases are so “sui generis” that the Court hates to make up special rules for them. Here, after a dispute over Arkansas River rights was resolved, the Court falls back on the “American rule” as to each side bearing its own attorney’s fees, and adopts the standard modest exception for attendance costs, 18 U.S.C. §1821.
Gray v. Maryland, 523 U.S. 185 (decided March 9, 1998): Confession of a nontestifying defendant is inadmissible if it also implicates the co-defendant (Bruton v. United States, 1968), even if a limiting instruction is given. Here the Court holds this is true even if the co-defendant’s name is redacted. (Evidence has to be adduced, as we trial lawyers say, “subject to connection”, and after the confession was read to the jury with Gray’s name redacted, the police officer testified that after getting the confession, he arrested Gray.)
Lewis v. United States, 523 U.S. 155 (decided March 9, 1998): crimes on Army bases are not subject under the “assimilation” statute (18 U.S.C. §13) to local state law where a federal law specifically applies to same conduct (here, murder of a child, first-degree murder under Louisiana statute but second-degree under parallel federal statute)
United States v. Reynolds, 345 U.S. 1 (decided March 9, 1953): established the “state secrets” privilege; suit brought by widows of civilians on ground killed in crash of B-29 bomber in Georgia; Air Force claimed its investigative report would reveal state secrets, so ordered not produced; remanded to District Court where case settled at a discount (years later the report was declassified and showed nothing more than that the crash was caused by a fire in an engine, so relief was sought via coram nobis, which the Court denied (sub nom In re Herring, 539 U.S. 940 (2003)) and the Court also refused to hear the appeal of the Circuit Court decision holding that there was no “fraud on the court” (cert. denied, 547 U.S. 1123 (2006)) (even though, to me, the government’s assertion that this was a secret mission was irrelevant to the cause of the crash)
March 10
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): upholding conviction for conspiracy to obstruct military recruiting even though no specific acts were yet planned (this seems to violate the rule that not only must there be a plan there must be some act “in furtherance of” the conspiracy, but this was World War I; unanimous opinion by Holmes)
Debs v. United States, 249 U.S. 211 (decided March 10, 1919): Another Holmes affirmance of an Espionage Act conviction based on allegation of obstruction recruiting. Eugene V. Debs gave a speech saying nice things about socialist comrades who had been convicted for aiding others in evading the draft. Debs was sentenced to ten years for this; due to ill health his sentence was commuted by Harding, who received him at the White House with grace and affection, possibly because Wilson had been so mean in denying commutation.
Shelby v. Guy, 24 U.S. 361 (decided March 10, 1826): If you seize land, publicly possess it, and work it, after a certain period of time (here, five years), you win title by adverse possession. (Ha — fooled you! This case holds that if you seize slaves, publicly own them and work them for five years, they become yours. At least if you’re white.) (P.S. This opinion illustrates the convention that slaves’ children were not called their children; the term used was “their increase”.)
The Alerta, 13 U.S. 359 (decided March 10, 1815): A dispute over a ship and its 170 slaves journeying from Africa and taken as a prize of war in New Orleans. The details are not important, except to note that all 170 slaves survived the journey. Slaves were in fact, at least by then, tolerably well cared for, about as much as animals are, because they were valuable. The notorious 18-inch lower decks were just for the beginning of the journey; once Africa was out of sight and they couldn’t jump overboard and swim back, they were let up on deck for sun and air. The attractive females were treated best, in exchange for their “goods”. This and many other illuminating facts are in “The Slave Trade” by Hugh Thomas.
Marvin M. Brand Revocable Trust v. United States, 572 U.S. 93 (decided March 10, 2014): federal land grants to railroads in 1875 were for use as railways and created only an easement; once line was abandoned the right-of-way became public property again for sale to private parties; Robert’s opinion is a well-written history of the rise and fall of federal grants to railroads
Cook County, Ill. v. United States ex rel. Chandler, 538 U.S. 119 (decided March 10, 2003): qui tam (“private attorney general”) actions can be brought against municipalities because they are “persons” under the False Claims Act (here, scientist sued county hospital for receiving federal grants with false applications) (states can’t be sued qui tam, see Vermont Agency of Natural Resources v. United States ex rel. Stevens, 2000)
Moran v. Burbine, 475 U.S. 412 (decided March 10, 1986): Miranda waiver effective even though police didn’t tell defendant his sister had gotten him an attorney who was trying to reach him
Citizen Publishing Co. v. United States, 394 U.S. 131 (decided March 10, 1969): competing newspapers which combined, pooled profits and ended competition in the local market violated Sherman Act; “failing business” defense not applicable because the lesser-profitable paper was not in danger of going under (the opinion reveals that jointly their profits exploded; this to me means a lot more people were reading newspapers post-Sherman Act violation than before)
Connolly v. Union Sewer Pipe Co., 184 U.S. 540 (decided March 10, 1902): Illinois statute exempting agricultural and livestock businesses from antitrust was unconstitutional (overruled by Tigner v. Texas, 1940)
March 11
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 segregation in prisons
Oetjen v. Central Leather Co., 294 U.S. 720 (decided March 11, 1935): Court won’t rule on seizure of land by new Mexican government (which seized power in 1913 coup); should sue in Mexico (good luck with the coup-installed judiciary!)
Martin v. District of Columbia, 205 U.S. 135 (decided March 11, 1907): upholds Act of Congress as to compensation due when land is taken to widen street, even though the statute, the trial judge, and the jury were confused as to how to calculate
Henry v. A.B. Dick Co., 224 U.S. 1 (decided March 11, 1912): using ink other than that specified for rotary mimeograph violated mimeo patent (overruled by Motion Picture Patents Co. v. Universal Film Mfg. Co., 1917) (my crisis center in the 1980’s had a rotary mimeo — donated by a volunteer, a bona fide CPUSA member who used it in her Bolshevik leafletting days — we inked it up with an old T-shirt and spun away, our fingers inky for days afterward)
The Argo, 15 U.S. 287 (decided March 11, 1817): “De bene esse” depositions create testimony admissible in court despite the witness being available. (I have done these in New Jersey, with examining physicians.) Here, in an original jurisdiction case, Marshall agrees with the Attorney General (and disagrees with Daniel Webster) in holding that the Judiciary Act of 1789, allowing for d.b.e., does not apply to proceedings in the Supreme Court; testimony of non-parties can only be taken in a Court proceeding (I assume in front of a Special Master).
United States v. Int’l Union United Auto, Aircraft & Agricultural Implement Workers of America, 352 U.S. 567 (decided March 11, 1957): Corrupt Practices Act (18 U.S.C. §610) supersedes First Amendment and effectively prohibits using union dues to pay for political TV ads (pretty much overruled by Citizens United, 2010)
Ceballos v. Shaughnessy, 352 U.S. 599 (decided March 11, 1957): alien eligible for deportation because did not report for military duty (violation of 8 U.S.C. §1426); applied for exemption but did not follow through
Pence v. United States, 316 U.S. 332 (decided March 11, 1942): Government refused to pay on life insurance policy, alleging that the insured (a physician) had lied on his application for reinstatement after policy was suspended due to not paying premium; specifically he stated that he had never been treated for “any disease of the throat, heart or stomach”. A parade of evidence was introduced showing that he had all kinds of things wrong with him. The widow was not aware of this and he had led an active life. She won a jury verdict. Here the Court holds that fraud was so overwhelming that the Court of Appeals was correct in holding that the Government’s motion for a directed verdict should have been granted.
Alaska Packers Ass’n v. Industrial Accident Commission, 294 U.S. 532 (decided March 11, 1935): Hired in California to work in Alaska, to return after end of salmon canning season. Agreed to be bound by Alaska law (which prohibited worker’s compensation). Injured in Alaska. Court holds that California statute ordering employer to pay compensation does not violate Due Process or Full Faith and Credit clauses.
March 12
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. Hepburn, holding that hearsay is not competent to prove free birth (slaves tried to show that their grandmother was known to have been white and born in England)
Claiborne v. United States, 465 U.S. 1305 (decided March 12, 1984): Rehnquist refuses to stay bribery and tax evasion prosecution against federal judge; rejects judge’s argument that he can’t be criminally prosecuted until impeached and removed (Claiborne was convicted later in 1984 and went to jail; wasn’t impeached and removed until 1986)
United States v. Contract Steel Carriers, 350 U.S. 409 (decided March 12, 1956): business licensed to transport highway construction materials did not qualify as “common carrier” (and subject to all those regulations) simply because it aggressively solicited business within the scope of its license
Northwestern Bands of Shoshone Indians v. United States, 324 U.S. 335 (decided March 12, 1945): citing Johnson v. M’Intosh (grrr. . . see summary of that case, February 28), Court holds that Indians have only what the white man gives them, and if no specific reservation created by Act of Congress, then they have no rights in ancestral land (the Shoshone seem to concede this, basing their claim to 15 million acres on an 1863 treaty, but Court holds the treaty gave them only occupancy rights; opinion’s historical account is sympathetic to them)
Massey v. United States, 291 U.S. 608 (decided March 12, 1934): dismisses rum-running case because no final judgment before Prohibition repealed
Ohio ex rel. Bryant v. Akron Metropolitan Park District, 281 U.S. 74 (decided March 12, 1930): only Congress can determine whether each state has a “republican form of government” (art. IV, §4); Court can’t rule on whether a state can create park districts which can acquire land and levy taxes
Fox Film Corp. v. Knowles, 261 U.S. 326 (decided March 12, 1923): upholding executor’s statutory right to renew copyright even though testator had lost the right to (because he had missed the one-year deadline at the time of death) (the copyright was for a play based on this poem, https://internetpoem.com/will-carleton/over-the-hill-from-the-poor-house-poem/; not a subject for Eugene O’Neill)
United States v. Cress, 243 U.S. 316 (decided March 12, 1917): flooding of private person’s milldam, ford and other land on Cumberland River due to government construction of dam was a “taking” requiring compensation
Florida ex rel. Hawkins v. Board of Control, 350 U.S. 413 (decided March 12, 1956): admission of black student to state law school could not await determination of desegregation issues in elementary and secondary schools
March 13
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 hold 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 (abducting debtors and forcing them to work off the debt) reversed because no showing that debtors were “returned” to peonage per the indictment (picky, picky); court also affirms that peonage statute is a valid application of Thirteenth Amendment
Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390 (decided March 13, 1968): transmitting via cable TV motion pictures was not “performing” them so as to violate Copyright Act (which was then amended to expand definition of “performing”, see American Broadcasting Cos. v. Aereo, Inc., 2014)
FTC v. Jantzen, Inc., 386 U.S. 228 (decided March 13, 1967): Finality Act of 1959 (changing the FTC’s procedures for enforcement of the Clayton Act) did not void existing FTC orders
United States v. Dakota-Montana Oil Co., 288 U.S. 459 (decided March 13, 1933): Congress can be said to approve of an agency’s construction of a statute if it re-enacts the statute without material change (here, basis of an oil depletion allowance)
Texas v. Florida, 306 U.S. 398 (decided March 13, 1939): Texas interpleads three other states to determine which state gets the estate taxes of a man whose domicile might have been in one of four states (dead man was a multimillionaire who lived all over the place); Court confirms Special Master’s conclusion that it was Massachusetts; opinion expounds on the nature of the Court’s original jurisdiction and concludes that it encompasses equitable devices such as interpleader
Affolder v. New York, Chicago & St. Louis R.R. Co., 339 U.S. 96 (decided March 13, 1950): under Federal Safety Appliance Act, railroad is strictly liable for failure of couplers to connect on contact (plaintiff lost his leg falling off car that he was trying to stop due to non-coupling)
Johnson v. Yellow Cab Transit Co., 321 U.S. 383 (decided March 13, 1944): on a military reservation (Fort Sill) United States law applied, not Oklahoma law prohibiting transportation into state of liquor without a license (Court orders return to Officers’ Club of liquors shipped in from Illinois)
Hipolite Egg Co. v. United States, 220 U.S. 45 (decided March 13, 1911): federal court has jurisdiction over seizing adulterated food after it has reached its destination in-state (here, cans of “preserved eggs” used for baking which were found to be tainted with boric acid — a sign that cockroaches were around during preparation, if you ask me!)
United States v. Post, 148 U.S. 124 (decided March 13, 1893): law limiting letter carriers to eight hours a day included non-letter-carrying time (e.g., other tasks around the post office)
March 14
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 side (island had been granted to plaintiff by Kentucky, to defendant by Indiana, and the effect of Virginia’s — which then included Kentucky — 1781 yielding to the United States all land north of the Ohio)
The Josefa Segunda, 18 U.S. 338 (decided March 14, 1820): Venezuelan privateer who had taken over slave ship which was forced to disembark in United States due to running out of food does not forfeit vessel even though in violation of 1807 statute forbidding slave trade; was acting on orders of his government (this was when Venezuela was rebelling against Spain)
Lewis v. United States, 348 U.S. 419 (decided March 14, 1955): upholding against Fifth Amendment self-incrimination attack conviction for not paying “wagering” (operating numbers racket) tax even though wagering was illegal (overruled by Marchetti v. United States, 1968, summarized here, see January 29)
Northern Securities Co. v. United States, 193 U.S. 197 (decided March 14, 1904): Sherman Antitrust Act does not interfere with operation of contracts (note that the Constitution prohibits only States and not the federal government from interfering with contracts, art. I, §10) (here, Act violated by formation of new corporation for purpose of buying up two competing railways to create monopoly)
Atlantic Coast Line Ry. Co. v. Temple, 285 U.S. 143 (decided March 14, 1932): trial court should have directed verdict for defendant railroad where car overturned, killing the decedent engineer, allegedly due to improperly secured rails which spread; there was evidence of men working on that stretch, of “pulling” tools found nearby, of possible sabotage, but nothing to suggest proximate cause negligence
Stevens v. The White City, 285 U.S. 195 (decided March 14, 1932): water damage to new yacht being towed from Morris Heights, N.Y. to Newark, N.J. not necessarily due to negligence of tug operator; could have been caused overnight by driftwood hitting deck; reverses verdict for plaintiff
Comm’r of Internal Revenue v. Phipps, 336 U.S. 410 (decided March 14, 1949): still have to pay taxes on assets even though went through tax-free reorganization (surplus canceled out by deficits in other predecessor corporations) with no continuity of character of the corporation
Eaton v. Brown, 193 U.S. 411 (decided March 14, 1904): Holographic (handwritten by testator) will effective even though it began: “I am going on a Journey and may not ever return. And if I do not, this is my last request . . . ” (She did return.)
De la Croix v. Chamberlain, 25 U.S. 599 (decided March 14, 1827): plaintiff not entitled to land he was granted because not surveyed; the grant, by the Spanish when they ruled that part of Alabama, merely ordered a survey, and not registered in land office
March 15
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. (This seems odd to me. 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.) Anyway — the bakery drivers’ union refused to let any of its members service the deli and picketed; the deli sued in District Court under the Norris-LaGuardia Act and got an injunction stopping any interference with the deli’s business. Here, the Court notes that this was not a “labor dispute” such as allows review of the injunction under the Act. (Faced with the injunction, the union lifted the boycott and reason prevailed.)
Eccles v. People’s Bank of Lakewood Village, Cal., 333 U.S. 426 (decided March 15, 1948): declaratory judgment to bank as to lack of conflict of interest was premature even though Federal Reserve had already approved admission into Federal Reserve System after investigation of possible improper stock buy-up cleared it
The Antelope, 25 U.S. 546 (decided March 15, 1827): Spaniards entitled to reclaim Africans which already belonged to them despite seizure of vessel under Slave Trade Act
Radio and Television Broadcast Technicians Local 1264 v. Broadcast Service of Mobile, Inc., 380 U.S. 255 (decided March 15, 1965): NLRB preempts state court intervention into picket of radio station having less than statutory minimum $100,000 in gross receipts, where it was part of larger radio network
Alabama v. Texas, 347 U.S. 272 (decided March 15, 1954): Congress has plenary power to give land to some states and not others (such as under Submerged Lands Act of 1953) and states cannot question it
United States v. Evans, 333 U.S. 483 (decided March 15, 1948): dismissing indictment for harboring illegal aliens because the statute is so unclear as to what penalty applies (“The choice is not simply between no penalty, at the one extreme, and, at the other, fine plus imprisonment up to the specified maxima for each alien concealed or harbored. The problem is rather one of multiple choice, presenting at least three, and perhaps four, possible yet inconsistent answers on the statute’s wording”)
Woods v. Stone, 333 U.S. 472 (decided March 15, 1943): one-year statute of limitations for government to recoup excess rent (in violation of wartime price controls), where due to owner’s failure to register property excess rent escaped the attention of authorities, began to run from the date of breach of Area Rent Director’s refund order, not from the date when excess rents were collected
Walters v. City of St. Louis, Mo., 347 U.S. 231 (decided March 15, 1954): not denial of Equal Protection to treat self-employment income differently from wage income for tax purposes
Federal Power Commission v. Niagara Mohawk Power Corp., 347 U.S. 239 (decided March 15, 1954): hydroelectric provider could set off rent paid to owners of upstream water rights from surplus earnings for the purposes of amortization reserve
Phelps v. Oaks, 117 U.S. 236 (decided March 15, 1886): for purposes of diversity jurisdiction, federal courts are not bound by state law as to who is real party in interest
March 16
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 wanderings and unexplained rejection by every country he visited, including Communist ones, is remarkable -- he was finally released in 1954 when Ellis Island closed down) (holding was superseded by statute, see Department of Homeland Security v. Thuraissigiam, 2020)
Williamson v. Daniel, 25 U.S. 568 (decided March 16, 1827): Marshall for once attributes some humanity to slaves by holding that, in a dispute over apportionment of a decedent’s slaves, the child slaves follow their mother
Mason v. Matilda, 25 U.S. 590 (decided March 16, 1827): this time it’s Johnson, ruling against a mother and her children suing for their freedom; Court holds in favor of defendant (widow of original owner), even though Virginia law provided for emancipation if no compliance with 60-day registration requirement for bringing slaves into the state; “constructive registration” (my phrase) because he had openly possessed the mother for 22 years, during which she had given birth to the three co-plaintiffs
United States v. Gooding, 25 U.S. 460 (decided March 16, 1827): upholding conviction for slave trade “abetting” even though ship not yet fitted out for slave transport
Ornelas v. Ruiz, 161 U.S. 502 (decided March 16, 1896): ordering extradition of men who crossed from Texas into Mexico, killed Mexican soldiers (apparently as part of a rebellion against the Díaz government), then came back into Texas; not a “political question” (I wonder if it’s relevant that the United States supported Díaz)
Albertson v. Millard, 345 U.S. 242 (decided March 16, 1953): remanding to state court question of whether Michigan statute regulating Communist Party activities (state Attorney General prepared list, restricted access to space on ballot, etc.) was Constitutional (the Michigan Supreme Court then struck down the statute, holding that the field of anti-sedition legislation had been preempted by federal law, 345 Mich. 519, 1956)
Crancer v. Lowdon, 315 U.S. 631 (decided March 16, 1942): Are rings that protect pipe threads (thrown away upon use) “scrap iron” or “pipe fittings” for the purpose of ICC tariffs? Bench trial verdict was pipe fittings. Court affirms.
Garland v. Washington, 232 U.S. 642 (decided March 16, 1914): convicted of stealing “$1,000 in lawful money of the United States”, and then convicted of stealing “a check payable for the sum of $1,000 in money”; sounds like double jeopardy to me, but the argument was that there was no arraignment or plea before second trial, an argument the Court rejects
Grant Bros. Constr. Co. v. United States, 232 U.S. 647 (decided March 16, 1914): affirming a jury verdict for violating law prohibiting importing persons for contract labor; this was a civil action so leeway given to government on evidentiary matters (e.g., reading into evidence depositions of absent witnesses)
March 17
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 for diversity (then $3,000) not met where plaintiff alleged loss of land that would have been worth more than that if government had routed highway correctly
Tank Truck Rentals, Inc. v. Comm’r of Internal Revenue, 356 U.S. 30 (decided March 17, 1958): trucker can’t deduct fines for innocent (as opposed to willful) weight violations for income tax purposes
U.S. Dept. of Agriculture v. Remund, 330 U.S. 539 (decided March 17, 1947): Farm Credit Administration is “United States” under 31 U.S.C. §191 (now 31 U.S.C. §3713) and therefore unpaid debt due it by decedent takes priority in probate
Metropolitan Cas. Ins. Co. v. Stevens, 312 U.S. 563 (decided March 17, 1941): Removal did not used to be self-executing; the state court had to order it, and one could appeal the order (in state court of course). Or one could just go to federal court. This case shows the mess that resulted, and set rules as to what proceedings were valid when the dust settled.
Staten Island Rapid Transit Ry. Co. v. Phoenix Indem. Co., 281 U.S. 98 (decided March 17, 1930): This New York case is an example of the rarely-used (and to my mind under-used) “statement of agreed facts” (now CPLR R. 3222), which allows one to bring a suit in the first instance in the Appellate Division. Here, the Court upholds a statute allowing an insurer to recoup worker’s compensation benefits after a wrongful death suit settled.
FTC v. American Tobacco Co., 264 U.S. 298 (decided March 17, 1924): tobacco company did not have to comply with FTC investigation authorized by Senate; statute allowed FTC to investigate only if antitrust laws alleged to be violated (and none were alleged here)
South Dakota v. Collins, 249 U.S. 220 (decided March 17, 1919): An example of a state suing an individual directly in the Supreme Court under the Court’s original jurisdiction. Here, the state treasurer pocketed interest on the state’s bank accounts. It’s amazing that he thought he could get away with it. He didn’t.
Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (decided March 17, 1884): posed photo is copyrightable (this was the famous photo of Oscar Wilde, https://iconicphotos.wordpress.com/2009/07/08/oscar-wilde-no-18)
March 18
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 re-enactment of this case with the actual Mr. Gideon playing himself. One must admit, he was a 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 (which were returned to Africa later)
The Plattsburgh, 23 U.S. 133 (decided March 18, 1825): another case forfeiting a vessel for violation of slave trade restrictions even though not outfitted for journey yet
Tharpe v. Ford, 139 S.Ct. 911 (decided March 18, 2019): Court denies cert of attempted opening of 1991 murder verdict based on racist views of one juror; Sotomayor agrees with denial, which is based on procedural grounds, but laments the procedural roadblocks to hearing such an obviously meritorious claim (somehow this juror candidly discussed his views with lawyers for both sides, and even signed an affidavit — he repeats what Chris Rock said about “black folks v. n*****s” but goes way beyond that — it has to be read to be believed) (Tharpe died of natural causes on death row in January 2020)
Southeastern Productions v. Conrad, 420 U.S. 546 (decided March 18, 1975): “Hair”, the “tribal love-rock musical” (as it was described in my time) could not be banned without procedural safeguards (no unbridled discretion by censor, full and fair hearing, and opportunity for prompt judicial review) (to me the highlights were “Frank Mills” and “Good Morning Starshine”, showing an unashamed, childlike delight in things, unafraid of mockery — it takes courage to be like that, /no sarc)
Fay v. Noia, 372 U.S. 391 (decided March 18, 1963): habeas petition can be heard despite failure to abide by state rule requiring exhaustion of state remedies (limited by Wainwright v. Sykes, 1977, which held that failure to abide by state rule that objection was to be made at trial or be waived was independent state ground for denial which precludes federal court intervention)
Young v. Harper, 520 U.S. 143 (decided March 18, 1997): prisoner released on “pre-parole” program (designed to reduce overcrowding in prison) was entitled to due process protections before revoked and sent back to prison (opinion by Thomas on this “narrow question”)
Dalton v. Little Rock Family Planning Services, 516 U.S. 474 (decided March 18, 1996): striking state law prohibiting state funding of abortions “except to save the mother’s life” if combined with federal funds because Medicaid allows also for rape/incest (Hyde Amendment); holding can’t be in perpetuity because in the future federal rule might change
United States v. Gagnon, 470 U.S. 522 (decided March 18, 1985): Defendant was observed drawing sketches of the jury during trial. O.K. to have in-camera hearing with one juror who was concerned about this, attended by other counsel, and artistic defendant waived his right to be present by not invoking that right (did he even know he had that right?). OT, but I giggled out of my theater seat when my girlfriend and I saw this juror-with-a-pen scene in the 1990 film "Ernest Goes to Jail", https://www.youtube.com/watch?v=B8pWEUZKIds — she was looking around and hoping no one would see me, I suppose like Ernest himself, who turns out to be a dead ringer for the real killer!) (or when he goes on a date with a fellow bank employee after being “magnetized” by the floor polisher, https://youtu.be/fp0Ec-yZ0EU)
Burns v. Alcala, 420 U.S. 575 (decided March 18, 1975): AFDC not required to provide benefits to unborn children; “dependent child” under statute obviously meant an individual already born (overruled by Dobbs?)
March 19
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 issues) (murder conviction and death sentence vacated and remanded for retrial)
Ohio v. Reiner, 532 U.S. 17 (decided March 19, 2001): contra Donald Trump (“if you’re innocent, why are you taking the Fifth?”), and also the Ohio Supreme Court, upholds Fifth Amendment immunity granted to babysitter in trial of father for shaken-baby murder despite her claim of innocence (defense theory was that she was the true perpetrator and “it was reasonable for her to fear that answers to possible questions might tend to incriminate her”)
Meghrig v. KFC Western, Inc., 516 U.S. 479 (decided March 19, 1996): Resource Conservation and Recovery Act does not provide private cause of action to recover cleanup costs where waste was not present danger to health or safety (statutory phrase is “may present imminent and substantial danger”) (city had ordered KFC to clean up underground petroleum it found when digging up prior gas station; KFC tried to sue gas station owner)
Wayte v. United States, 470 U.S. 598 (decided March 19, 1984): “passive enforcement” of selective service registration law (i.e., prosecuting only those who admitted violation) did not violate First Amendment freedom of speech (defendant, like me, had been ordered to register for the draft in 1980, but unlike me, wrote a letter refusing)
Anderson v. City of Bessemer City, N.C., 470 U.S. 564 (decided March 19, 1985): applies “clearly erroneous” standard to trial court’s finding that plaintiff was denied city recreation director job due to her sex; upholds verdict in her favor (can credit just one witness above all others so long as testimony is plausible)
United States v. Gillock, 445 U.S. 360 (decided March 19, 1980): Speech or Debate privilege (art. I, §6, cl. 1) does not protect state legislators or state legislatures (here, state legislator prosecuted under RICO)
Lascaris v. Shirley, 420 U.S. 730 (decided March 19, 1975): striking New York law which added extra conditions to federal AFDC benefits (requiring that parent assist in compelling other parent to provide support)
United States v. General Dynamics Corp., 415 U.S. 486 (decided March 19, 1974): yes, deep shaft coal mining business which acquired strip-mining business would concentrate the coal business, but other factors would do that too; judgment for defendant affirmed; 5 - 4 decision, dissent by Douglas, https://www.youtube.com/watch?v=Q6Vgs66kRAo
Burns v. Fortson, 410 U.S. 686 (decided March 19, 1973): approves (just barely) Georgia’s 50 day pre-election deadline for registering to vote (except for President and Vice-President), time is necessary to ensure accuracy of voter lists
March 20
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 — “He’s Dickens, I’m Fenster” — had driven her to drink — case settled with a printed apology)
Cyan, Inc. v. Beaver County Employees Retirement Fund, 583 U.S. 416 (decided March 20, 2018): Construing Securities Litigation Uniform Standards Act of 1998, intended to tighten up how class action 1933 Securities Act violation plaintiffs can proceed in federal court, the Court holds that it doesn’t prevent plaintiffs from suing in state court. What? Yes, you can run amok with federal law class actions, so long as you bring them in state court!
Mayo Collaborative Services v. Prometheus Laboratories, 566 U.S. 66 (decided March 20, 2012): device that recorded metabolism levels and issued warnings as to “too low” or “too high” was not patentable; metabolism levels are just “phenomena of nature”
Coleman v. Court of Appeals of Maryland, 566 U.S. 30 (decided March 20, 2012): What if your claim is against the court itself? Here, an employee of the Court of Appeals of Maryland (that state’s highest court) went to federal court, claiming that his bosses violated the Family Medical Leave Act of 1993 by not giving him paid time off for a serious medical condition. But . . . the Court holds suit barred by the Eleventh Amendment, and Congress via the Fourteenth Amendment has not provided exception. Splintered opinion. Guy’s out of luck, I suppose — he can’t very well sue in state court!
Wisconsin v. City of New York, 517 U.S. 1 (decided March 20, 1996): Secretary of Commerce had discretion to not use statistical method of correcting 1990 Census undercounts (this was a Republican administration, not surprisingly)
International Primate Protection League v. Administrators of Tulane Educational Fund, 500 U.S. 72 (decided March 20, 1991): 28 U.S.C. §1442(a)(1) gives the right to remove to federal court to “The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof”. The Court here holds that this statute gives the right to remove to federal officers but not to federal agencies. What? The language seems to say otherwise. Unanimous decision. (At issue was a state suit brought by animal rights groups against the National Institute of Health for euthanizing monkeys.)
Salve Regina College v. Russell, 499 U.S. 225 (decided March 20, 1991): Rhode Island federal judges are not entitled to special deference as to their interpretation of R.I. law. The First Circuit, like any other circuit, has to review de novo. (Plaintiff, booted from nursing program for being overweight, won a jury verdict with the trial judge guessing that the R.I. Supreme Court would hold that she had “substantially performed” so as to support breach of contract claim.)
Chauffers, Teamsters and Helpers, Local No. 391 v. Terry, 494 U.S. 558 (decided March 20, 1990): This is the boring case upon which I based my even more boring law review article (which the editors fortunately decided not to print). Plaintiff sued union for breach of duty of fair representation. Entitled to trial by jury under the Seventh Amendment because action was “at common law” (as opposed to in equity). It got my interest because Brennan and Marshall were on opposite sides. Legal vs. equitable factors were “in equipoise”, but plaintiff had to show breach of the collective bargaining agreement to proceed, which is breach of contract, which is at law, therefore, jury trial. Zzzzzzz . . .
Hayes v. Florida, 470 U.S. 811 (decided March 20, 1985): fingerprints obtained at police station after defendant was threatened with arrest if he didn’t go were products of illegal search and therefore inadmissible
Winston v. Lee, 470 U.S. 753 (decided March 20, 1985): surgery to extract bullet fired by victim was unreasonable search under Fourth Amendment; surgery was hazardous and bullet was not critical evidence (victim was shopkeeper who was allegedly shot by defendant and, being himself armed, shot back)
March 21
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 (no redeeming social value, catering only to prurient interest, etc.), so remanded. Meaning the trial judge would be forced to read the thing. Not sure how this turned out.
Manuel v. City of Joliet. Ill., 580 U.S. 357 (decided March 21, 2017): pretrial detention can be a separate unlawful “seizure” under Fourth Amendment (even though well after arrest) (defendant kept in jail even after testing showed seized pills contained no illegal substance)
Caetano v. Massachusetts, 577 U.S. 411 (decided March 21, 2016): Stun guns protected by Second Amendment even though not in existence when Bill of Rights adopted and no military use. Ouch!
San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (decided March 21, 1973): state’s system of financing of schools via property taxes (i.e., children in poor areas got worse education) was not subject for federal judicial review (poor people are not a protected class)
Missouri v. Frye, 566 U.S. 134 (decided March 21, 2012): ineffective assistance of counsel when defendant was not advised of plea offer before it expired
United States v. Grubbs, 547 U.S. 90 (decided March 21, 2006): upholding “anticipatory search warrants” (i.e., based on probable cause that at some future point illegal activity would be discovered) (here, possession of child pornography in package about to be delivered)
Kenyeres v. Ashcroft, 538 U.S. 1301 (decided March 21, 2003): denying stay of removal of Hungarian citizen wanted for embezzlement in his home country and who had overstayed his visa (Kenyeres stole $1.6 million from investors in Madoff-style scheme)
FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (decided March 21, 2000): FDA overstepped when it tried to ban tobacco products; invaded field Congress had occupied via its legislation as to labeling and advertising
Adams Fruit Co. v. Barrett, 494 U.S. 638 (decided March 21, 1990): migrants injured in unsafe van on way to work could sue under Migrant and Seasonal Agricultural Worker Protection Act despite usual worker’s comp ban (IOW: the “dual capacity” doctrine, where employee can’t sue his employer even for non-employer acts, can be superseded by Congress)
Brower v. County of Inyo, 489 U.S. 593 (decided March 21, 1989): a roadblock can be an unreasonable “seizure” and therefore possibly in violation of Fourth Amendment (driving stolen car in high-speed chase, died when crashed into 18-wheeler placed by police; widow sued under §1983)
March 22
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): issue of fact as to whether arrangement of lines, chevrons, and colorful shapes on cheerleading uniform are “original works of art” (copyrightable) or just “industrial designs” (not) — unfortunately we don’t get pics of cheerleaders, but Breyer’s dissent appends photos of objects that illustrate the distinction, e.g., two versions of siamese cat lamp
Czyzewski v. Jevic Holding Corp., 580 U.S. 451 (decided March 22, 2017): bankruptcy court needs creditors’ consent before it changes normal order of distribution (here, former employees with wage claims found themselves getting nothing, while leveraged buyout beneficiaries got paid)
Endrew F. v. Douglas County School District, 580 U.S. 386 (decided March 22, 2017): parents of autistic child could get reimbursement of private school expenses if public school did not provide services tailored to child’s needs in accordance with Individuals with Disabilities Education Act (for which it gets federal funds); judgment for defendant vacated and remanded for trial (from the description of the facts it seems that the adjustments would have been considerable; the private school was a small academy specializing in educating autistic children)
Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1 (decided March 22, 2011): even if it’s just a verbal complaint, not a written one (worker complained about time clocks which were placed so that they could be punched only after protective gear was put on, and threatened to sue), you can’t be discharged in retaliation under the Fair Labor Standards Act
Matrixx Initiatives, Inc. v. Siracusano, 563 U.S. 27 (decided March 22, 2011): securities fraud case could go forward: company told investors it had concluded that its nasal spray did not cause loss of smell when in fact it had not done any studies on it (by 2006 hundreds of lawsuits from anosmic users had been filed)
Georgia v. Randolph, 547 U.S. 103 (decided March 22, 2006): can’t search apartment based on wife’s consent if husband refuses (cocaine found is suppressed)
Muehler v. Mena, 544 U.S. 93 (decided March 22, 2005): officers conducting search (based on warrant alleging involving in gang-related drive-by shooting) were justified in handcuffing defendant and asking about her immigration status (5 - 4 decision)
Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205 (decided March 22, 2000): Wal-Mart took photos of Samara flowery dresses being sold to J.C. Penney and arranged for knock-offs that looked the same. “Trade dress” (ha) infringement? Only if the public thought it was a Samara dress. Remanded for new trial
Board of Estimate of City of New York v. Morris, 489 U.S. 688 (decided March 22, 1989): When I was a kid I calculated that if NYC’s governing body was apportioned by population, it would have to have 43 members before Staten Island deserved a single seat. The Board of Estimate, ruling “Greater New York” since its founding in 1898 and consisting of three citywide officers and the five borough presidents, grossly violated “one person, one vote”. This case finally put an end to that.
March 23
Comcast Corp. v. National Ass’n of African American-Owned Media, 589 U.S. — (decided March 23, 2020): owner of African-American owned network must show that race was related to being denied a spot on cable TV service (“but-for” causation); remands to examine Complaint under proper standard
Reno v. Flores, 507 U.S. 292 (decided March 23, 1993): upholding against Due Process attack INS regulation prohibiting release of juvenile aliens if no family member or guardian to claim them (plaintiffs in custody were teenagers suspected of being deportable)
Allen v. Cooper, 589 U.S. — (decided March 23, 2020): Congress has no power to abrogate Eleventh Amendment immunity as to copyright violations (state posted plaintiff’s videos of shipwreck; Court strikes down relevant section of Copyright Remedy Clarification Act of 1990)
Lynch v. Household Finance Corp., 405 U.S. 538 (decided March 23, 1972): Anti-Injunction Act (28 U.S.C. §2283) did not prevent federal court from staying on Due Process grounds pre-suit garnishment of wages permitted by state law; no “state proceeding” in existence yet
Goldberg v. Kelly, 397 U.S. 254 (decided March 23, 1970): state can’t terminate welfare benefits without hearing
Ex Parte Young, 209 U.S. 123 (decided March 23, 1908): state can’t (without a hearing) set rates so high that railroads would be forced to go to court to contest them
Kahler v. Kansas, 589 U.S. — (decided March 23, 2020): upholding against Eighth Amendment attack Kansas statute prohibiting insanity defense as to guilt (can be asserted only as to sentencing)
South Florida Water Mgmt. District v. Miccosukee Tribe of Indians, 541 U.S. 95 (decided March 23, 2004): tribe protested pollution due to pumping water from Everglades pond without special permit; Court remands to trial court for proper analysis
Kumho Tire Co. v. Carmichael, 526 U.S. 137 (decided March 23, 1999): Daubert rule (that expert testimony must be based on reliable principles reliably applied) also applies to non-scientific testimony (precluding expert testifying as to cause of tread wear pattern on allegedly defective tire who could not determine how many miles it had been driven)
Lyng v. International Union, United Automotive, Aerospace and Agricultural Implement Workers of America, 485 U.S. 360 (decided March 23, 1988): upholding against First Amendment and Fifth Amendment attack Reagan-era rule cutting off welfare benefits if one member of the household had job but was on strike
March 24
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.)
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 First Amendment (state allowed pastor to lay on hands, and Ramirez was executed on Oct. 5, 2022)
United States v. George, 228 U.S. 14 (decided March 24, 1913): homesteader lied about his time of residence on land but residence by statute has to be proven by two non-homesteader witnesses; administrative rule only, so conviction for perjury vacated
Black v. Thorne, 111 U.S. 122 (decided March 24, 1884): only nominal damages for patent infringement (fuel formula for producing steam) because infringer did not save money on the production of steam, even if saved money overall
Dominion Hotel v. Arizona, 249 U.S. 265 (decided March 24, 1919): Arizona law restricting working hours for women in hotels did not violate Dormant Commerce Clause; did not apply to employees in restaurants along train lines (i.e., interstate commerce)
Bank of Iron Gate v. Brady, 184 U.S. 665 (decided March 24, 1902): tort claim booted from federal court when death of defendant brought value of case below jurisdictional minimum (evidently overruled by St. Paul Mercury Indem. Co. v. Red Cab Co., 1938 (“events occurring subsequent to the institution of suit which reduce the amount recoverable below the statutory limit do not oust jurisdiction”)
Kaiser v. New York, 394 U.S. 280 (decided March 24, 1969): wiretapped conversations (in pay phone in bar) were not illegal at the time so are admissible in state prosecution
Colorado River Water Conservation District v. United States, 424 U.S. 800 (decided March 24, 1976): federal courts will abstain in state water rights dispute where federal government got dragged into state court by McCarran Amendment even though government sued in federal court first (McCarran Amendment gives automatic consent for federal government to be joined in any water rights suit) (this case is the source of the “Colorado River abstention” doctrine)
Greer v. Spock, 424 U.S. 828 (decided March 24, 1976): This is Dr. Benjamin Spock, of “Baby and Child Care” (a very reasonable and sensible book for new parents — the first sentence is, “You know more than you think you do”). Here, Spock, running for president on the People’s Party and trying to distribute political literature at Fort Dix, fails in overturning a regulation prohibiting political speech (though not other types of the speech) at Fort Dix even if invited.
Houston Community College System v. Wilson, 595 U.S. 468 (decided March 24, 2022): no First Amendment retaliation claim when trustee of public college was censured by his board for “inappropriate” and “reprehensible” conduct; not an adverse action, and criticism comes with the territory (fittingly, he was censured for bringing multiple lawsuits against the board)
March 25
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 did not violate separation of powers by directing judges to reach a certain result; statute is saved because it also sets new legal standards, binding both officials and judges
Suter v. Artist M., 503 U.S. 347 (decided March 25, 1992): can’t sue for state agency’s failure to provide services to neglected/abused children; Adoption Assistance and Child Welfare Act doesn’t provide for private cause of action nor is actionable via §1983
Alaska Airlines v. Brock, 480 U.S. 678 (decided March 25, 1987): subsection in Airline Deregulation Act of 1978 providing for Congress to approve or veto any rule issued by new agency was legislative veto (a no-no since INS v. Chadha, 1983) but can be severed from the rest of the Act, which among other things put in employee protections
Johnson v. Transportation Agency, Santa Clara County, California, 480 U.S. 616 (decided March 25, 1987): county Affirmative Action Plan can allow females to be promoted over males with higher test scores despite Title VII (that’s pretty much what affirmative action means)
Torres v. Madrid, 592 U.S. — (decided March 25, 2021): bullets hitting suspect’s car as she tried to get away was a Fourth Amendment “seizure” so remanded for determination of whether it was “reasonable” and whether qualified immunity
Bender v. Williamsport Area School District, 475 U.S. 534 (decided March 25, 1986): school board member had no standing to appeal order allowing students to hold nondenominational prayer group on school grounds (the district itself decided not to appeal)
Goldman v. Weinberger, 475 U.S. 503 (decided March 25, 1986): ordained rabbi was required to take yarmulke off per Air Force regulations while on duty despite First Amendment
Pembauer v. City of Cincinnati, 475 U.S. 469 (decided March 25, 1986): I learned a new word with this case: capias, an Ohio term for warrant for arrest. County could be sued under §1983 for alleged Fourth Amendment violation because it set policy and ordered the sheriff to enter physician’s office in welfare fraud investigation after physician did not respond to subpoena and barred the door when they tried to serve capiases, forcing them to chop down the door with an axe (I bet that caused the patients in the waiting room to look up from those old magazines).
Orozaco v. Texas, 394 U.S. 324 (decided March 25, 1969): confession obtained in defendant’s bedroom at 4 a.m. while under arrest inadmissible because not given Miranda warning; in dissent White and Stewart, who had dissented in Miranda, point out that there was no prolonged or abusive interrogation; Harlan, who had also dissented, sees no way out of applying Miranda in any custodial context
March 26
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 attempted use of force” so as to criminalize gun possession under 18 U.S.C. §922 (taking guns out of the hands of wife-beaters, per §922, was recently declared unconstitutional by a Texas appeals court, United States v. Rahimi, March 2, 2023, as being inconsistent with “historical tradition”)
Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (decided March 26, 2002): upholding eviction of family from public housing based on violation of lease provision prohibiting illegal drug use by household member, even though drug use (by grandchildren) was blocks away and unknown to lessees; unanimous decision
Barnett Bank of Marion County v. Nelson, 517 U.S. 25 (decided March 26, 1996): Florida prohibited banks from selling insurance, but preempted by federal law permitting it
United States v. Gaubert, 499 U.S. 315 (decided March 26, 1991): dismisses suit against federal regulators for negligent supervision of an S&L association which went belly-up; regulators’ informal methods were within Federal Tort Claims Act’s “discretionary function”
EEOC v. Arabian American Oil Co., 499 U.S. 244 (decided March 26, 1991): Title VII (can’t discriminate based on race, religion or national origin) doesn’t apply overseas; American employer can discriminate against its American employee (superseded by statute, see Arbaugh v. Y & H Corp., 2006)
Holbrook v. Flynn, 475 U.S. 560 (decided March 26, 1986): stationing extra security officers in front row of spectator section did not deprive defendant of fair trial (he was being tried with four others)
Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869 (decided March 26, 1985): charging out-of-state insurers higher tax rate violated Dormant Commerce Clause; “promotion of domestic business by discriminating against nonresident competitors is not a legitimate state purpose”. Opinion by Powell, who according to my legal writing professor was the clearest writer on the Court at the time.
Huddleston v. United States, 415 U.S. 814 (decided March 26, 1974): Another 18 U.S.C. §922 case, this time the provision criminalizing false statements made to registered gun dealers. In redeeming gun his wife had pawned, husband falsely told pawnbroker that he had never been convicted of a felony (redemption was “acquisition” under the statute).
Republic of Sudan v. Harrison, 587 U.S. — (decided March 26, 2019): under Foreign Sovereign Immunities Act, when suing foreign country can’t serve papers on embassy in United States; must serve foreign minister’s home office (suit for personal injuries due to terrorist attack)
March 27
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 100 black people were killed in a dispute over a state election; Waite cites supposed vagueness of indictment, and holds that Fourteenth Amendment and Enforcement Act of 1870 apply only to state conduct, not conduct of private individuals.)
Lorenzo v. SEC, 587 U.S. — (decided March 27, 2019): dissemination (not just creation) of false or misleading statements violates securities laws (upholding SEC sanctions against banker who had emailed potential investors as to the upside of an offer to a client but not the downside)
Tennessee v. Garner, 471 U.S. 1 (decided March 27, 1985): issue of fact as to whether shooting of fleeing suspect after burglary in unoccupied house was a “reasonable” seizure under the Fourth Amendment; striking down Tennessee statute allowing deadly force against nondangerous suspect
Seminole Tribe of Florida v. Florida, 517 U.S. 44 (decided March 27, 1996): Florida has Eleventh Amendment immunity from suit by Indian tribe to compel negotiations under Indian Gaming Regulatory Act; also state officials don’t have enough discretion under the Act to be exposed to Ex parte Young liability
Delaware v. Prouse, 440 U.S. 648 (decided March 27, 1979): stopping car and checking license is unreasonable Fourth Amendment search/seizure unless “articulable suspicion” of violation of law (marijuana smelled and found during stop was suppressed) (though “less intrusive” “spot checks” are o.k.; in his concurrence Blackmun, joined by Powell, “assumes that the Court’s reservation also includes other not purely random stops (such as every 10th car to pass a given point)”; four years later in City of Los Angeles v. Lyons, 1983, where the Court held for no standing, Marshall in dissent pointed out that under that decision “a policy of shooting one out of ten suspects” would evade federal court review)
Lanzetta v. New Jersey, 306 U.S. 451 (decided March 27, 1939): striking down on vagueness grounds statute criminalizing “being a gangster” (known to be a gang member, knowing gang members, etc.)
Millbrook v. United States, 569 U.S. 50 (decided March 27, 2013): Federal Tort Claims Act waives sovereign immunity for any act by law enforcement officers while in the course of their employment, not just while arresting, investigating, etc. (can sue for sexual assault by federal prison guards)
Comcast Corp. v. Behrend, 569 U.S. 27 (decided March 27, 2013): Court reverses class certification because trial court did not allow defendant to rebut plaintiff’s expert showing of increase in cable prices due to Comcast’s anticompetitive activities (which was not tailored to the only theory allowed by the trial court — that Comcast’s gobbling up of local providers prevented new competitors from entering market); 5 - 4 decision; the dissent by Ginsburg and Breyer argues that Court’s holding restricts class certification to cases where plaintiffs can already show they will win the case (that’s my impression also).
Rutledge v. United States, 517 U.S. 292 (decided March 27, 1996): conspiracy to distribute cocaine (21 U.S.C. §846) was lesser included offense within continuing criminal enterprise (§848); defendant can’t be convicted of both
United States v. First City National Bank of Houston, 386 U.S. 361 (decided March 27, 1967): under the Bank Merger Act of 1966, trial court in lawsuit challenging merger should not have given any deference to the decision of the Comptroller of the Currency allowing merger
March 28
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 not made in furtherance of the conspiracy.
United States v. Price, 383 U.S. 787 (decided March 28, 1966): Chaney, Schwerner and Goodman, civil rights activists, were lynched in 1964 near Philadelphia, Mississippi (which since then has been a symbolic place for politicians to give speeches). The Court here holds that the nonofficial men who assisted the Deputy Sheriff in the abduction and murder were “acting under color of state law” and could be prosecuted under 18 U.S.C. §242 (the criminal counterpart to 42 U.S.C. §1983).
Williamson v. Lee Optical of Oklahoma, Inc., 348 U.S. 483 (decided March 28, 1955): not a denial of Equal Protection for Oklahoma to regulate opticians but not drug stores selling ready-to-wear glasses
United States v. Wong Kim Ark, 169 U.S. 649 (decided March 28, 1898): Fourteenth Amendment bestows citizenship on nonwhite children born here to foreign-born parents domiciled here
United States v. Coronado Beach Co., 255 U.S. 472 (decided March 28, 1921): prior Mexican grant, not California claim to submerged land, determined ownership of North Island and surroundings (eminent domain by the United States to become a naval air station, still in existence, though island was later joined to the mainland)
Sester v. United States, 566 U.S. 231 (decided March 28, 2012): dual sovereignty not violated by federal sentence (for meth possession) to run concurrently with anticipated state sentence (for probation violation)
Florida v. J.L., 529 U.S. 266 (decided March 28, 2000): anonymous tip (that 16-year-old black man on corner in plaid shirt was carrying a gun) was too vague to support Terry stop where no other evidence of illegal conduct (vacating conviction for carrying concealed weapon without license)
Qualitex Co. v. Jacobson Products Co., 514 U.S. 159 (decided March 28, 1995): color of press pads (used in dry cleaning) could be trademarked (such that competitor using same color might confuse dry cleaners)
Clemmons v. Mississippi, 494 U.S. 738 (decided March 28, 1990): Due Process and Eighth Amendment not violated by state appellate court salvaging death sentence arrived at by invalid aggravating factor by reweighing proper factors or conducting harmless error review, but it has to say which one of these it is doing
United States v. Culbert, 435 U.S. 371 (decided March 28, 1978): Hobbs Act, 18 U.S.C. §1951, covers all extortion, not just “racketeering” (which is mentioned in legislative history but not the statute); affirming conviction of solitary man who got money from bank president by threat of force (I wonder if it would cover Dick York’s actions against Philip Coolidge in the Alfred Hitchcock Presents episode, “The Dusty Drawer”?)
March 29
West Coast Hotels v. Parrish, 300 U.S. 379 (decided March 29, 1937): The Big Switch by Justice Roberts, breaking with the “Four Horsemen” and voting to uphold a state minimum wage regulation. From now on he would vote against them. Was this vote coerced by FDR threatening to “pack” the Court? This decision came out shortly after the court-packing plan was announced, but Roberts had already declared his vote at the December 19, 1936 conference, after Chief Justice Hughes sat down to talk with him in light of FDR’s 1936 landslide victory. I don’t know if there were noises at that time to pack the court, but maybe in light of the landslide they saw it coming. In the 75th Congress the Democrats had a 79 - 16 edge in the Senate, and were 345 - 89 in the House.
Connick v. Thompson, 563 U.S. 51 (decided March 29, 2011): D.A. can’t be liable under §1983 for failure to train A.D.A.’s based on one screwup (failure to turn over exculpatory evidence as required by Brady v. Maryland which led to conviction for armed robbery based on which defendant decided not to testify in later murder trial which led to murder conviction; both convictions consequently vacated due to Brady violation); opinion by Thomas, 5 - 4 decision
Mays v. Hines, 592 U.S. --- (decided March 29, 2021): habeas for ineffective assistance of counsel should not have been granted because though defendant and his girlfriend would have testified that he was at motel to have an affair and not to murder the victim who was found in the next room, evidence of defendant’s guilt was overwhelming and the jury would not have bought their story
Astra USA v. Santa Clara County, California, 563 U.S. 110 (decided March 29, 2011): medical facilities are not third-party beneficiaries of contracts between drug manufacturers and federal government under which manufacturers get Medicare reimbursements; if facilities are overcharged, they can’t sue the federal government but have to alert the Secretary of Health who will order restitution
City of Erie v. Pap’s A.M., 529 U.S. 277 (decided March 29, 2000): upholding local ordinance prohibiting nude dancing, which required the girls to put on pasties and G-string (they’re probably grateful for that on cold nights); protected by First Amendment but ordinance is content-neutral; O’Connor, who wrote plurality opinion, has a dry sense of humor: “Even if Erie’s public nudity ban has some minimal effect on the erotic message by muting that portion of the expression that occurs when the last stitch is dropped, the dancers at Kandyland and other such establishments are free to perform wearing pasties and G-strings. Any effect on the overall expression is de minimis.” However this ignores the fact that the “girls” make a lot more $ when they dance completely nude.
Illinois v. Abbott & Assocs., 460 U.S. 557 (decided March 29, 1983): Clayton Act allows Attorney General to hand over federal antitrust grand jury materials in state antitrust suit but state A.G. still has to show particularized need (at issue was bid-rigging in Illinois construction contracts)
United States v. Topco Assocs., 405 U.S. 596 (decided March 29, 1972): regional purchasing association for small/medium sized supermarkets which had virtual veto power in their own locality was violation of Sherman Act even though prices achieved allowed them to compete with national chains
Labine v. Vincent, 401 U.S. 532 (decided March 29, 1971): Equal Protection not violated by Louisiana statute precluding inheritance by “illegitimate” children even if acknowledged (I learned a new word, “tutrix”, a female guardian) (statute later declared unconstitutional by Louisiana Supreme Court, 388 So.2d 1151, 1980)
Moore v. New York, 333 U.S. 565 (decided March 29, 1948): record did not support contention that having black men tried for murder by special jury violated fair trial right (no evidence that blacks were excluded from special juries or that conviction rates were higher for black defendants) (special juries, screened for education and good morals, were abolished in New York in 1965)
Winters v. New York, 333 U.S. 507 (decided March 29, 1948): striking New York obscenity statute which on its face was impermissibly broad even though construed narrowly along First Amendment lines by New York’s highest court (defendant was selling magazine with lurid/lascivious crime stories)
March 30
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 (vacating 15 year sentence 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 cigarettes, just what the world needed, https://www.kevinsavagecards.com/lot-84452.aspx, I remember those as a kid)
Georgia Ry. & Electric Co. v. City of Decatur, 297 U.S. 620 (decided March 30, 1936): not denial of Equal Protection or uncompensated Taking to require streetcar company to pave rest of road at its own expense
CITGO Asphalt Refining Co. v. Frescati Shipping Co., 589 U.S. — (decided March 30, 2020): tanker operator was entitled to reimbursement from charterer pursuant to charter warranty for cleanup of 264,000 gallons of crude oil when tanker hit abandoned anchor on bottom of Delaware River 900 feet from refinery dock
Luis v. United States, 578 U.S. 5 (decided March 30, 2016): government can’t freeze “innocent” (i.e., not fraud-related) assets defendant needed to access to pay for her lawyer (this was Sila Luis, who defrauded Medicare of $45 million, almost all of which she had already spent; ended up being ordered to pay that amount in restitution, though by then I don’t know how she would do that, see https://www.justice.gov/opa/pr/owner-two-miami-home-health-agencies-sentenced-more-six-years-prison-role-74-million-medicare)
Jones v. Harris Assocs., 559 U.S. 335 (decided March 30, 2010): investment advisor to mutual fund is liable under Investment Company Act of 1940 for charging fees that were “disproportionately high” (not explained why they couldn’t find someone cheaper)
Smith v. City of Jackson, Mississippi, 544 U.S. 228 (decided March 30, 2005): older police officers receiving lower raises than younger ones did not state age discrimination complaint when there was rational reason for disparity (the need to retain good younger officers) (there’s something not right about that idea)
Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280 (decided March 30, 2005): Rooker - Feldman doctrine (state court losers can’t sue in federal court to nullify results on Constitutional grounds) does not require federal suit dismissal if suits brought concurrently and state suit happens to go to judgment first
United States v. Flores-Montano, 541 U.S. 149 (decided March 30, 2004): no warrant needed to search gas tank in vehicle entering United States (driver at border crossing did not have reasonable expectation of privacy; drugs found there) (they’ve tightened up since Henry’s day, see NRPS’s song of that name, on youtube)
United States v. United Continental Tuna Corp., 425 U.S. 164 (decided March 30, 1976): Philippine shipper can’t sue for damage caused by U.S. Navy vessel even though Suits in Admiralty Act appears to allow it; precluded by Public Vessels Act because Philippines offered no reciprocity
March 31
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; affirms conviction
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 by “pervasive” inequalities in promotions) are entitled to retroactive seniority
Pfaff v. Comm’r of Internal Revenue, 312 U.S. 646 (decided March 31, 1941): apportioning to deceased partner the equitable share of receivable accounts even though he kept his accounts on a cash (not accrual) basis
Armstrong v. Exceptional Child Center, Inc., 575 U.S. 320 (decided March 31, 2015): Medicaid Act does not provide private right of action for healthcare providers to sue state (Idaho) for setting reimbursement lower than required by Act
Hawaii v. Office of Hawaiian Affairs, 556 U.S. 163 (decided March 31, 2009): Congressional resolution apologizing for conquering Hawaii did not strip state of power to sell state lands
New Jersey v. Delaware, 552 U.S. 597 (decided March 31, 2008): Delaware (per New Jersey v. Delaware, 1934) owns all of the Delaware River, up to the New Jersey low water mark. Here the Court won’t even let New Jersey build a natural gas unloading terminal which would stick out into the river.
United States v. U.S. Shoe Corp., 523 U.S. 360 (decided March 31, 1998): Art. I, §9, cl. 5: “No Tax or Duty shall be laid on Articles exported from any State” (this was to prevent Congress from preferring states with busy ports); here, the Court holds that the Court of International Trade (its only courthouse is in lower Manhattan; I’ve passed it many times on my way to appearances at 71 Thomas Street on meatball slip and fall lawsuits) had jurisdiction over a suit to recover “harbor maintenance tax”, and holds that the tax (paid by anyone shipping through a port) violates the above clause, insofar as it’s levied on exporters
Badgerow v. Walters, 596 U.S. 1 (decided March 31, 2022): in deciding to confirm/vacate arbitration award (as opposed to compelling arbitration), federal court looks only to procedural defects alleged, and does not rule on substantive controversy (which involved federal issue; because this was not to be ruled on, no federal court jurisdiction and case remanded to state court)
Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (decided March 31, 1998): Seventh Amendment (right to jury trial in actions “at law”) supersedes statutory language; copyright damages (“at law” and not “equitable” issue) are to be decided by jury even though statute says “court” does it (damages had to do with showings of those priceless gems, “Who’s the Boss”, “Silver Spoons”, “Hart to Hart” and “T.J. Hooker” — how much are those shows worth? — I bet jury selection was a circus — could plaintiff’s attorney get a PBS watcher excused “for cause”?)
United States v. Scheffer, 523 U.S. 303 (decided March 31, 1998): rule in court martial proceedings excluding polygraph evidence (here, it would have corroborated officer’s denying meth use) did not violate Fifth and Sixth Amendment rights to fair trial and to put on a defense