May
in Supreme Court History
May 1
Knox v. Lee (Legal Tender Cases), 79 U.S. 457 (decided May 1, 1871): forcing creditors to accept new (paper) money for preexisting debts is not a Fifth Amendment “taking” which applies only to physical property (as pointed out in Cedar Point Nursery v. Hassid, 2021, “takings” are now more expansively defined)
Price Waterhouse v. Hopkins, 490 U.S. 228 (decided May 1, 1989): Title VII plaintiff doesn’t have to prove but-for causation, just a motivating factor; defendant must show by preponderance a non-discriminatory reason for failure to promote (1991 statute devised a different test, as noted in Comcast Corp. v. National Association of African American-Owned Media, 2020, see comment for March 23)
Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co., 581 U.S. 170 (decided May 1, 2017): (I didn’t know until now that this is the official name of that country) plaintiff must show that property at issue (here, oil rigs) was actually taken in violation of international law so as to invoke jurisdiction of the court under the “expropriation” exception in the Foreign Sovereign Immunities Act; whether the property belonged to plaintiff is what is decided in “the merits phase of the litigation” (but isn’t a showing of violation part of the “merits”?) (case was later dismissed based on later appellate court holding that FSIA requires the property to be present in the United States, 2023 WL 1401372 (D. D.C., Jan. 31, 2023)
Arkansas Dept. of Health & Human Services v. Ahlborn, 547 U.S. 268 (decided May 1, 2006): I do a CLE presentation on this case, which means it’s a boring topic: Medicare and Medicaid liens on personal injury settlements. Here, the Court holds that an Arkansas statute requiring recovery of the full Medicaid lien violates the prohibition on liens recovering “property” (42 U.S.C. §1395p) because it invades the part of the settlement not reasonably ascribable to medical expenses.
United States v. Robertson, 514 U.S. 669 (decided May 1, 1995): gold mine into which defendant invested ill-gotten RICO gains (from sale of cocaine) was involved in “interstate commerce” so as to satisfy RICO statute
Mallard v. United States District Court for Southern District of Iowa, 490 U.S. 296 (decided May 1, 1989): court can per 28 U.S.C. §1915(d) request (but not force) an attorney to represent indigent criminal defendant
Oklahoma v. Texas, 258 U.S. 574 (decided May 1, 1922): border of the ever-shifting Red River depends on the part of it that is navigable, a difficult question because at that point the “main channel” was a dry bed with streams around it; important because it involved oil and gas rights (both sides concede that all of the river bed belongs to Oklahoma; the map today shows the river and the border swing-dancing the whole way)
Ashcraft v. Tennessee, 322 U.S. 143 (decided May 1, 1944): white man allegedly hired black man to kill his wife; the Court holds that the white man’s confession was not voluntary (doesn’t reach the question of the black man’s confession); vacates white man’s conviction and sends black man’s case back to Tennessee Supreme Court re: prejudicial effect of white man’s confession (I would imagine it would be substantial!) (it is odd that it was up to the jury to decide whether the confessions were voluntary; I thought this was a threshold issue for the judge to decide — here, the Court disregards the jury’s finding of voluntariness and does independent evaluation of voluntariness evidence, which seems backwards)
In re Permian Basin Area Rate Cases, 390 U.S. 747 (decided May 1, 1968): long decision (with 96 headnotes!!) affirming the Federal Power Commission’s power to set rates and other requirements for gas drilled from the Permian Basin (areas of Texas and New Mexico)
Latta & Terry Constr. Co. v. British Steamship “Raithmoor”, 241 U.S. 166 (decided May 1, 1916): admiralty jurisdiction extends to suit for damage to pier hit by vessel
May 2
Buck v. Bell, 274 U.S. 200 (decided May 2, 1927): the infamous “three generations of imbeciles are enough” case, opinion by Holmes (whose father was an early supporter of Darwin); upholding state sterilization law (procedural safeguards not at issue); never explicitly overruled
Weems v. United States, 217 U.S. 349 (decided May 2, 1910): Philippine Bill of Rights (at that time a territory of the United States) is congruent with our Bill of Rights; statute as to making false entry in cash book requiring twelve years plus of hard labor plus permanent disqualification from voting and from public office is “cruel and unusual punishment”
Montana v. Wyoming, 563 U.S. 368 (decided May 2, 2011): Wyoming can switch method of irrigation consistent with Yellowstone River Compact of 1951 (between Montana, Wyoming and North Dakota) so long as same acreage is irrigated (Wyoming switched from flood to sprinkler irrigation, a more efficient method which resulted in less water being returned to the river for downstream Montana use) (OT, but — I went across the country to California for law school, and was awakened rudely at 2 a.m. by sprinklers outside the dorm — what the heck? are they so desperate to have green grass in this semi-desert? if they’d rather live in Connecticut why don’t they move there?? — it reminded me of what Mark Twain wrote in “Roughing It”:
One of the queerest things I know of, is to hear tourists from ‘the States’ go into ecstasies over the loveliness of ‘ever-blooming California’. But perhaps they would modify them if they knew how old Californians, with the memory full upon them of the dust-covered and questionable summer greens of Californian ‘verdure’, stand astonished, and filled with worshipping admiration, in the presence of the lavish richness, the brilliant green, the infinite freshness, the spend-thrift variety of form and species and foliage that make an Eastern landscape a vision of Paradise itself. The idea of a man falling into raptures over grave and sombre California, when that man has seen New England’s meadow-expanses and her maples, oaks and cathedral-windowed elms decked in summer attire, or the opaline splendors of autumn descending upon her forests, comes very near being funny. No land with an unvarying climate can be very beautiful. The tropics are not, for all the sentiment that is wasted on them. They seem beautiful at first, but sameness impairs the charm by and by. Change is the handmaiden Nature requires to do her miracles with. The land that has four well-defined seasons, cannot lack beauty, or pall with monotony. Each season brings a world of enjoyment and interest in the watching of its unfolding, its gradual, harmonious development, its culminating graces—and just as one begins to tire of it, it passes away and a radical change comes, with new witcheries and new glories in its train. And I think that to one in sympathy with nature, each season, in its turn, seems the loveliest.
United States v. Alvarez-Sanchez, 511 U.S. 350 (decided May 2, 1994): 18 U.S.C. §3501, restricting federal court use of confessions made after six hours in custody, does not apply if the custody was on state charges (confession to counterfeiting made after being held for three days on state narcotics charge) (the “silver platter doctrine” crawls out of its coffin!)
Huddleston v. United States, 485 U.S. 681 (decided May 2, 2021): “similar acts” of prior receiving of apparently stolen TV’s from same source was admissible in trial on possession of stolen videotapes to show knowledge that they were stolen
Business Electronics Corp. v. Sharp Electronics Corp., 485 U.S. 717 (decided May 2, 1988): no antitrust violation by supplier who upon request of another supplier stopped selling to plaintiff dealer if no price fixing involved
Kolender v. Lawson, 461 U.S. 352 (decided May 2, 1983): anti-loitering statute requiring suspect to provide “creditable and reliable” identification struck down on vagueness grounds
Linmark Associates, Inc. v. Willingboro Township, 431 U.S. 85 (decided May 2, 1977): To combat “white flight”, town prohibited “for sale” and “sold” yard signs. Court holds that this is a First Amendment violation.
Shurtleff v. City of Boston, Mass., 596 U.S. — (decided May 2, 2022): violation of Free Exercise to not allow organization to fly its “Christian flag” at the one of three flag poles at plaza in front of City Hall reserved for organization staging that day’s events (the other two flag poles show the United States flag and the Massachusetts flag, and on non-event days the City of Boston flag flies on the third pole)
Newberry v. United States, 256 U.S. 232 (decided May 2, 1921): Congress was outside its powers of regulation of federal elections (art. I, §4) when it placed limits on how much a candidate can spend on his primary campaign
May 3
Shelley v. Kraemer, 334 U.S. 1 (decided May 3, 1948): the first case invalidating “restrictive covenants” prohibiting black people from buying houses in white neighborhoods; though covenant was between private parties, judicial enforcement of covenant was “state action” implicating Fourteenth Amendment equal protection clause (there’s something odd about this argument — it seems to swallow up everything — any agreement at all between private parties turns into “state action” once anyone takes it to court)
Lee v. Lee, 33 U.S. 44 (decided May 3, 1834): A freedom suit brought by slaves who had formerly lived in Virginia with their owner, appealing from a verdict in his favor. When Maryland and Virginia ceded parts of their land to the new D.C. in 1801, Congress provided that all laws of Maryland would remain in force. This would have included a 1796 law freeing any slave brought into the state. But in D.C. as a whole, slavery was legal. The part of Maryland ceded included “Washington County”; the part of Virginia ceded was “Alexandria County” (more or less modern-day Arlington County, later given back to Virginia). Here, the owner moved to Washington County, but assigned his slaves to owners in Alexandria county, and after a year brought them to him in Washington County. Was this an attempt to circumvent the 1796 law? The Court here holds that this question should have been heard by the jury and sends back for a new trial. Unknown what happened later. (With slaves being the appellants, the Court also refuses to entertain whether their market value was less or more than $1,000, the jurisdictional limit; “the value of their freedom is not susceptible of a pecuniary valuation”, although oddly mentions that it would have been relevant if it was the owner appealing.)
Stinson v. United States, 508 U.S. 36 (decided May 3, 1993): courts are bound by the commentaries of the Sentencing Commission (which unlike the guidelines, are not approved by Congress) which say that illegal gun possession is not a “crime of violence” so as to make defendant a “career offender” for aggravated sentencing
Hui v. Castaneda, 559 U.S. 799 (decided May 3, 2010): can’t bring Bivens action (violation of Constitutional rights by federal personnel) against Public Health Service officers for failure to diagnose cancer while in federal custody; 42 U.S.C. §233 provides immunity to PHS officers and suit can be brought only against the United States (which under §233 waives its sovereign immunity)
Jones v. R.R. Donnelley & Sons, 541 U.S. 369 (decided May 3, 2004): statute of limitations for claim under 1991 amendment to 42 U.S.C. §1981 (class action for racial discrimination) is determined by federal catch-call statute for newly created causes of action (four years, 28 U.S.C. §1658) and not state statute for analogous action
El Paso Natural Gas Co. v. Neztsosie, 526 U.S. 473 (decided May 3, 1999): The Price-Anderson Act of 1957 got the nuclear power industry going by limiting operators’ liability for nuclear accidents. It also provided for federal court (removal) jurisdiction at defendant’s request. Here the Court holds that this includes removal from tribal courts despite the federal courts’ usual rule of comity requiring exhaustion of tribal court remedies before filing in federal court.
United States v. Padilla, 508 U.S. 77 (decided May 3, 1993): co-conspirator has no expectation of privacy in conspirator’s place or property (no standing to contest consented-to search of car in which cocaine was found)
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313 (decided May 3, 1971): this is the leading case on defensive non-mutual collateral estoppel: patent case dismissed because in a previous case brought by someone else defendant had established that its patent was valid
United States v. Thirty-Seven Photographs, 402 U.S. 363 (decided May 3, 1971): Censoring for obscenity, per the Court’s prior rulings, required a time limit for the censor to approve/disapprove, and prompt judicial review, Freedman v. Maryland, 1968. Here, to save the Constitutionality of a federal statute (prohibiting importation of “immoral articles”, 19 U.S.C. §1305) the Court feels free to invent a deadline of 14 days for decision and 60 days for completion of judicial review. At issue were pictures from Europe found by customs inspectors which publisher Milton Luros was intending to use to illustrate an edition of the Kama Sutra. (See Wallach, I., “Kama Sutra Sexual Positions (and How to Get Out of Them Without Injury)”), 1976.)
Martin v. City of Struthers, O., 319 U.S. 141 (decided May 3, 1943): ordinance against doorbell-ringing violated First Amendment (plaintiff was a Jehovah’s Witness) (I don’t agree with this decision — the Court admits that Struthers is a steel town where many work nights and need their sleep)
May 4
Flores-Figueroa v. United States, 556 U.S. 646 (decided May 4, 2009): immigrant gave employer fake green card but the number on it turned out to belong to a real person; not guilty of identity theft because statute (18 U.S.C. §1028A(a)(1)) requires theft to be “knowing”
Arthur Andersen LLC v. Carlisle, 556 U.S. 624 (decided May 4, 2009): nonparties to arbitration can seek stay of lawsuit pending arbitration and denial of stay is immediately appealable under 9 U.S.C. §16(a)(1)(A)
Walz v. Tax Commission of City of New York, 397 U.S. 664 (decided May 4, 1970): property tax exemptions to religious organizations do not violate Establishment Clause (where churches run businesses, the IRS is now careful to impose an “unrelated [to church activities] business tax”)
Keeney v. Tomayo-Reyes, 504 U.S. 1 (decided May 4, 1992): must develop the facts in state court before running to federal court via habeas (here, attempting to void nolo contendre plea to murder because interpreter allegedly mistranslated at plea hearing); failure excused only on good cause and resulting in prejudice to defense on merits (superseded in 1996 by 28 U.S.C. §2254(e)(2); only excuses now are change in law or new evidence, see Shinn v. Ramirez, 2022)
Arizona v. Mauro, 481 U.S. 520 (decided May 4, 1987): Suspect, arrested, asserts right not to speak. Along comes his wife and sweet-talks him into conversation, taped, with police present. Statements admissible? Yes! 5 - 4 decision.
Complete Auto Transit, Inc. v. Reis, 451 U.S. 401 (decided May 4, 1981): 29 U.S.C. §185, which prevents employers from suing union officials who violate no-strike provision of collective bargaining agreement, also protects wildcatters (this was a truckers’ strike unauthorized by the Teamsters)
Board of Directors of Rotary Int’l v. Rotary Club of Duarte, 481 U.S. 537 (decided May 4, 1987): California statute forcing Rotary Clubs to admit women doesn’t violate Free Association (First Amendment) (sounds like a wrong decision to me)
Bullard v. Blue Hills Bank, 575 U.S. 496 (decided May 4, 2015): bankruptcy court order rejecting repayment plan didn’t dispose of “discrete dispute” under bankruptcy law and is therefore not appealable
Plumbers, Steamfitters, Refrigeration, Petroleum Fitters, and Apprentices of Local 298 v. Door County, 359 U.S. 354 (decided May 4, 1959): county is “person” under National Labor Relations Act and entitled to have NLRB determine union disputes over contracting work
Terry v. Adams, 345 U.S. 461 (decided May 4, 1953): Fifteenth Amendment violated by arrangement by which all-white political club fed invariably successful candidates to Texas Democratic primaries
May 5
Town of Greece v. Galloway, 572 U.S. 565 (decided May 5, 2014): opening town board meetings with almost inevitably Christian prayer (rotating local ministers were almost all Christian) does not violate Establishment Clause; no attempt at proselytizing (overruling without admitting it County of Allegheny v. ACLU, 1989) (5 - 4 decision)
Kaupp v. Texas, 538 U.S. 626 (decided May 5, 2003): waking 17-year-old defendant from bed (after let in by father), handcuffing him, and walking him to police station shoeless in winter was “arrest” such that confession obtained was inadmissible (and I’m not telling all of it! hard to believe lower court judges said this was O.K., but it seems everyone knew each other and the cops knew this kid had done a bad thing, namely stabbing a missing 14-year-old friend)
Illinois ex rel. Madigan v. Telemarketing Assocs., 538 U.S. 600 (decided May 5, 2003): First Amendment does not bar prosecution of fundraisers lying about where the money goes
Smalis v. Pennsylvania, 476 U.S. 140 (decided May 5, 1986): “Causing a catastrophe” is apparently a criminal offense in Pennsylvania. Defendants allegedly allowed their building to burn, causing deaths of tenants. Their motion to dismiss at the close of prosecution’s case based on insufficient evidence was granted. The Court holds that this counts as an “acquittal” and appeal is barred by Double Jeopardy.
Moore v. Ogilvie, 394 U.S. 814 (decided May 5, 1969): striking down on Equal Protection grounds Illinois statute allowing third party on ballot only if 200 voters signed petition from each of the 102 counties (which gives much greater weight to voters from sparsely-populated counties; Hardin County, the least populous, currently has a voting population of about 2,000)
Kramer v. Caribbean Mills, Inc., 394 U.S. 823 (decided May 5, 1969): plaintiff, who had paid $1 for Panama corporation which had the real claim against a Haitian corporation (and then sold it back under similar arrangement), was “collusively” a party for the sake of invoking federal court jurisdiction even though the arrangement was legal under state law; case dismissed
Poland v. Arizona, 476 U.S. 147 (decided May 5, 1986): Double Jeopardy does not bar re-sentencing (appellate court found different reasons to support death penalty)
Yates v. United States, 356 U.S. 363 (decided May 5, 1958): Smith Act conviction reversed on appeal, but contempt for refusal to answer questions during trial survives; Court holds that the seven months spent in prison during the proceedings was already adequate punishment (this was Oleta Yates, a CPUSA official)
Carnegie Steel Co. v. Cambria Iron Co., 185 U.S. 403 (decided May 5, 1902): patent upheld for mixing molten steel from different furnaces for uniformity; not “anticipated” (i.e., obvious in light of then-current technology) by established process which did not hold molten steel in common container
Robers v. United States, 572 U.S. 639 (decided May 5, 2014): amount owed to bank under Mandatory Victims Restitution Act of 1996 (here, fraudulent mortgage application) reduced by amount realized by sale of collateral, not by the value of the collateral at the time of the fraud
May 6
United States v. Socony-Vacuum Oil Co., 310 U.S. 150 (decided May 6, 1940): important antitrust case which holds that price fixing agreements (here, between oil companies as to tank car prices) are per se illegal under the Sherman Act; famous for its footnote 59, which notes that it is not necessary that there be power to fix prices, nor intent, nor even any overt act (I suppose there still must be “winking”)
Paige v. Banks, 80 U.S. 608 (decided May 6, 1872): I didn’t know that the appointed reporter of decisions (of the Court of Chancery, at the time the highest court in New York) could have a copyright on his manuscripts of the decisions. Here, Mr. Paige (of “Paige’s Chancery Reports”, who served as reporter while moonlighting as a state senator) lost his copyright by failing to give notice of renewal. He died in 1868, and the Court of Chancery was abolished in 1847. Currently the highest court is called the Court of Appeals, and after 30 years of practice in that state I have as much chance of appearing in that court as I do of getting into a time machine and having Mr. Paige transcribe my arguments.
In re Kansas Indians, 72 U.S. 737 (decided May 6, 1867): a state can’t tax Native Americans on reservations
Mathis v. United States, 391 U.S. 1 (decided May 6, 1968): IRS investigator conducting a “routine tax investigation” must give Miranda warnings if person is in prison (for an unrelated offense)
Fok Yung Yo v. United States, 185 U.S. 296 (decided May 6, 1902): courts can’t review decision of customs official to deport Chinese citizen
Sayward v. Denny, 158 U.S. 180 (decided May 6, 1895): Supreme Court doesn’t automatically accept writs of error from state courts; it decides by itself whether a federal question is involved, and if so, it must be central to the case
Schware v. Board of Examiners of New Mexico, 353 U.S. 232 (decided May 6, 1957): details a bar applicant’s complicated history, including past membership in the Communist Party and being forced to take an alias to avoid anti-Jewish prejudice. The Court held that New Mexico wrongfully denied his license in violation of the Equal Protection Clause. An interesting opinion to read.
Konigsberg v. State Bar of California, 353 U.S. 252 (decided May 6, 1957): denial of Equal Protection to deny bar admission due to articles published criticizing the Korean War, past membership in the Communist Party and refusal to answer questions about political affiliations; no showing that he advocated government overthrow (people got denied on much lighter grounds; in the 1990s the New York Law Journal -- the world’s most boring newspaper, which every N.Y. attorney was required to read every day -- ran a more or less innocuous series of reminiscences by Mordecai Rosenfeld, “A Backhanded View of the Law”, but I remember one with real bite, as to being flunked at a Good Character interview because he did work for a group headed by Eleanor Roosevelt)
Federal Power Comm’n v. Sunray DX Oil Co., 391 U.S. 9 (decided May 6, 1968): The Federal Power Commission (now the Federal Energy Regulatory Commission) must set prices (and issue certificates) allowing producers to sell to pipelines so as to benefit consumers, but at the same time, if it sets prices too high, the producers simply won't produce. This complicated decision by Harlan (which is pre-Chevron) is a course in itself on how the administrative state dealt with the oil industry. It holds that the “pipeline proceeding” set up by the FPC was proper and affirms the resulting decision as to pricing and refunds.
Tigner v. Texas, 310 U.S. 141 (decided May 6, 1940): overruling Connolly v. Union Sewer Pipe Co., 1902 (see the summaries for March 10) and holding that state statute exempting agricultural/livestock producers from antitrust did not violate Equal Protection (due to changed economy requiring cooperation between farmers)
May 7
Kelly v. United States, 590 U.S. --- (decided May 7, 2020): the famous “blocked lanes on the GW Bridge” case which did such political damage to Chris Christie. Here, the Court throws out the wire fraud convictions of the officials who ordered the blocking because causing four days of traffic jams was not ”obtaining money or property” from the Port Authority such as the statute requires.
United States v. Sineneng-Smith, 590 U.S. --- (decided May 7, 2020: the Ninth Circuit had decided sua sponte to bring in amici to brief whether the statute criminalizing the encouragement of illegal immigration was Constitutional, an issue brought up by neither party. The Court held that this was improper and remanded to the Ninth Circuit to decide on the issues actually argued.
General Box Co. v. United States, 351 U.S. 159 (decided May 7, 1956): once a State donates its land to the federal government, the feds don't have to obey State procedures on notice when it appropriates timber already grown there by a private party.
Screws v. United States (aptly named), 327 U.S. 91 (decided May 7, 1945): defendant sheriff had beaten a black man to death. Conviction under Ku Klux Klan Act vacated because no intent to deprive victim of his civil rights. (!) Opinion written by William O. Douglas. (!!)
Blanchi v. Morales, 262 U.S. 170 (decided May 7, 1923): Puerto Rico (“Porto Rico”) statute allowing summary foreclosures was Constitutional. Very short opinion; the Court held that it was such a clear and simple question of law that it did not require briefs; it decided on the existing record.
May 8
United States v. Ju Toy, 198 U.S. 253 (decided May 8, 1905): Chinese national applying for admission to U.S. not entitled to judicial trial
Anders v. California, 386 U.S. 738 (decided May 8, 1967): set up a procedure (including what is now called an “Anders brief”) for a criminal defense attorney who wishes to withdraw from a case because he doesn’t believe there’s meritorious ground for appeal; purpose is to protect the rights of the defendant
Redrup v. New York, 386 U.S. 787 (decided May 8, 1967): First and Fourteenth Amendment precluded convictions for sale of dirty books, because no claim that they harmed juveniles, were “obtrusive” on the newsstand, or were “pandering” (i.e., “purveying of publications openly advertised to appeal to the customers’ erotic interest”). If anyone can tell me what this means in today’s terms, let me know!
Teamsters Union v. Hanke, 339 U.S. 470 (decided May 8, 1950): State could forbid union picketing of car dealership run by owner with no employees (the dealer’s main business was in after-hours sales and the union was trying to get him to restrict to union hours)
Mintz v. Baldwin, 289 U.S. 346 (decided May 8, 1933): a State, despite the interstate commerce clause, may require any cattle being transported into the state to be accompanied by a certificate showing free of disease; also not preempted by federal regulation
American Communications Ass’n v. Douds, 339 U.S. 382 (decided May 8, 1950): upholds statute requiring any union going to the NLRB to certify that their officers are not Communists
May 9
Andersen v. United States, 170 U.S. 481 (decided May 9, 1898): Upholding conviction of sailor for shooting crewmember and pushing him overboard. Technical defects in indictment (unclear whether homicide alleged to be caused by shooting or drowning, does not mention location) held harmless error.
Bell v. United States, 349 U.S. 81 (decided May 9, 1955): sentence for Mann Act offense should not be doubled for transporting two women instead of one, due to ambiguity in statute
Havnor v. New York, 170 U.S. 408 (decided May 9, 1898): Court could not review conviction under New York law (for practicing “barbering” on Sunday) because Writ of Error was signed by an Associate Judge of New York’s highest court instead of the Chief Judge as was required by federal jurisdictional statute.
Gacy v. Page, 511 U.S. 1079 (decided May 9, 1994): denying stay of execution of John Wayne Gacy; dissent by Blackmun who restated belief that death penalty is always unconstitutional
Rice v. Sioux City Memorial Park Cemetery, 349 U.S. 70 (decided May 9, 1955): Earlier grant of certiorari, and decision on the merits, 348 U.S. 880 (1954) (as to mental distress to widow due to refusal to bury husband in Native American cemetery) vacated because Court belatedly alerted to existing statute which mooted the issue presented. We’re not told more about this, but note the Court’s casual handwave as to the carelessness of both itself and the attorneys: “Though the statute was in existence at the time the case first came here, it was then not seen in proper focus because it was blanketed by the issues of state action and constitutional power for which our interest was enlisted.” IOW, the lazy attorney’s “I didn’t focus in on that” excuse.
United States ex rel. Johnson v. Shaughnessy, 336 U.S. 806 (decided May 9, 1949): order denying admission of immigrant as “mental defective” vacated and remanded because medical appeal board did not conduct its own examination as required by regulation.
May 10
Yick Wo v. Hopkins, 118 U.S. 356 (decided May 10, 1886): Fourteenth Amendment violated by ordinance allowing denial without recourse of permits to laundries in wooden buildings; effect was to discriminate against Chinese who though not citizens had equal rights
NBC v. United States, 319 U.S. 190 (decided May 10, 1943): FCC can regulate not only technical and engineering aspects of radio but also content and consider antitrust implications (striking down challenge to new regulations allowing FCC to determine if “detrimental to the public interest”)
Lockerty v. Phillips, 319 U.S. 182 (decided May 10, 1943): upholding Congress’s power to establish the Emergency Court of Appeals with exclusive jurisdiction over wage and price disputes and even as to Constitutionality of related wartime provisions (court was not disbanded until 1962)
United States v. Noveck, 271 U.S. 201 (decided May 10, 1926): whopper told under oath (“I owed $1,484.84 on an income of $16,251.66” when in fact it was $45,664.91 on $124,127.13) barred by three-year perjury statute even though statute for defrauding United States is six years
Georgia v. Tennessee Copper Co., 237 U.S. 474 (decided May 10, 1915): the Justices in this original jurisdiction case reach different findings of fact; 6 - 3 decision places restrictions on copper smelters just past Tennessee line ruining vegetation downwind in Georgia after long dispute about remediation and disagreement about terms (this reminds me of Lou Costello’s failure to understand Sidney Fields’s references to “ore” and “smelting” -- it’s on youtube)
Cumberland Glass Mfg. Co. v. De Witt, 237 U.S. 447 (decided May 10, 1915): business coming out of bankruptcy could still sue creditor for tortious interference with contract where creditor did not raise issue in composition proceeding; 5 - 4 decision
Leiter v. United States, 271 U.S. 204 (decided May 10, 1926): private landlord renting under 5-year lease to Treasury Department agency can be stiffed for rent after one year if that’s all the original appropriation for the office was for (agency was then folded into another agency)
United States v. Chicago, Burlington & Quincy R.R. Co., 237 U.S. 410 (decided May 10, 1915): “transfer trains” (not on any route, but used to move cars from one yard to another) are within scope of Safety Appliance Act (penalized for not having operable air brakes on 75% of cars)
Tindal v. Wesley, 167 U.S. 204 (decided May 10, 1897): no Eleventh Amendment impediment to sue state for property held for a private party
Mandeville Island Farms v. American Crystal Sugar Co., 334 U.S. 219 (decided May 10, 1948): local agreement between sugar refiners making them exclusive purchasers of beets (which have to be processed near location of harvesting) violated Sherman Act even though sugar not sold across state lines until after refinement
May 11
Smith v. Texas, 233 U.S. 630 (decided May 11, 1914): Texas statute restricting employment as a conductor to those who have already been conductors or brakemen for two years violates equal protection because it arbitrarily (and admittedly) excluded qualified applicants
Reeves v. Beardall, 316 U.S. 283 (decided May 11, 1942): resolving a split in the circuits: claim as to promissory note arose from different transaction from claim for breach of contract; dismissal acted as appealable final judgment despite survival of contract claim (superseded by 1946 amendment to FRCP 54(b), no final judgment until all claims are adjudicated)
Gompers v. United States, 233 U.S. 604 (decided May 11, 1914): contempt proceeding against union for disobeying order to not boycott or urge boycott of stove making business dismissed because brought after 3-year limitations period
Hardin v. Jordan, 140 U.S. 371 (decided May 11, 1891): ambiguities in language of federal grants of land are to be construed according to the law of the state where the land (here actually, a lake) is located
Marsh v. Nichols, Shepard & Co., 140 U.S. 344 (decided May 11, 1891): no federal court Patent Power jurisdiction because agreement over transfer and use of prospective patent was question of state contract law
National Pork Producers v. Ross, 598 U.S. 356 (decided May 11, 2023): no Dormant Commerce Clause problem with California rule prohibiting sale in state of whole pork from animals not raised according to California rules preventing animal cruelty; rule did not discriminate against out-of-state producers and no substantial burden on interstate commerce (unlike, say, the truck-mud-flap case, see May 25)
Sioux Tribe of Indians v. United States, 316 U.S. 317 (decided May 11, 1942): tribe not entitled to compensation when federal government took back lands it had given to the tribe 16 years before
Delo v. Stokes, 495 U.S. 320 (decided May 11, 1990): stay of execution on second or successive habeas petition should be granted only when there are “substantial grounds” for the petition (this one was the fourth and stay was denied)
Olden v. Kentucky, 488 U.S. 227 (decided May 11, 1988): Kentucky “rape shield law” violated Confrontation Clause by prohibiting cross-examination of alleged sexual assault victim whom defendant wanted to show had a live in boyfriend whose wrath she feared if she told the truth about sex with defendant being consensual
May 12
Rhode Island v. Innis, 446 U.S. 291 (decided May 12, 1980): Armed robbery defendant, after being given Miranda warnings and riding in police car, should have been given additional Miranda warning before officer’s comment that missing shotgun might be picked up by children in nearby school for the handicapped which prompted defendant to ask the police to take him back to the scene to find the shotgun, evidence of which should have been suppressed. (I’ve been to the neighborhood involved in that case, Mount Pleasant in Providence. It’s working class, semi-attached triple-decker houses. My in-laws live there. Providence in general is a unique and interesting place. There is indeed a school for disabled children there, part of the high school, called Harold A. Birch School. Perhaps Mr. Innis was aware of the school and knew the policeman’s concern as to disabled children picking up his gun was a legitimate one.)
​
Reno v. Bossier Parish School Board, 520 U.S. 471 (decided May 12, 1997): preclearance of proposed redistricting (§5 of the Voting Rights Act) is not necessarily denied if there is intentional vote dilution (§2) because purpose of §5 is to prevent retrogression to earlier discrimination (§5 is a dead letter now that §4(b) was invalidated in Shelby County v. Holder, 2013)
​
Hill v. Stone, 421 U.S. 289 (decided May 12, 1975): denial of Equal Protection to restrict voting on city bond issue to those who would directly bear the resulting tax increase (i.e., property owners); this is not a “special interest” election (where the franchise can be restricted appropriately) because all citizens would bear cost in some way (this was to build a new library)
​
Johnson v. United States, 520 U.S. 461 (decided May 12, 1997): materiality of defendant’s false statement to grand jury (i.e., source of box of cash which she knew was really the result of drug trafficking) should have been question for the jury in perjury trial but harmless error because evidence of materiality was “overwhelming”
​
Bugajewitz v. Adams, 228 U.S. 585 (decided May 12, 1913): determination that petitioner had entered country to practice prostitution and therefore would be deported did not require evidence of conviction of prostitution in home country
​
Johnson v. Mississippi, 421 U.S. 213 (decided May 12, 1975): defendants arrested under state anti-boycott law (they were boycotting whites-only businesses) did not allege sufficient civil rights violations so as to justify removal under 28 U.S.C. §1443(1)
​
Gonzalez v. United States, 553 U.S. 242 (decided May 12, 2008): consent of counsel, and not of his client, sufficed to allow magistrate (and not judge) to preside over voir dire in felony case
​
Cuyler v. Sullivan, 446 U.S. 335 (decided May 12, 1980): murder defendant sharing counsel with other defendants was entitled to Fourteenth Amendment protections in state criminal trial, but under Sixth Amendment Right to Assistance of Counsel trial court must inquire only into any actual (not potential) conflicts of interest between defendants
May 13
Apple v. Pepper, 587 U.S. --- (decided May 13, 2019): purchasers of apps at App Store are direct purchasers and therefore can sue Apple as a monopoly under the Clayton Act (as of this writing litigation is dealing with question of class certification)
Bowman v. Monsanto, 569 U.S. 278 (decided May 13, 2013): it is a patent infringement for a farmer to sell soybean seeds produced by plants grown from patented genetically modified soybean seeds
Brady v. Maryland, 373 U.S. 83 (decided May 13, 1963): prosecution must turn over to defendant all exculpatory evidence
Morris & Co. v. Skandinava Ins. Co., 279 U.S. 405 (decided May 13, 1929): no jurisdiction over insurance dispute where only connection with forum state (Mississippi) was reinsuring some risks there; policy at issue was issued in South America, loss occurred there, and defendant was based in another state (Louisiana)
United States v. Noland, 517 U.S. 535 (decided May 13, 1996): bankruptcy court can re-order priority of creditors but not as to the IRS which has statutory priority absent “inequitable conduct”
Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 (decided May 13, 1991): Age Discrimination in Employment Act of 1967 did not invalidate arbitration clause in securities representative’s employment contract
Cochise Consultancy, Inc. v. United States ex rel. Hunt, 587 U.S. --- (decided May 13, 2019): statute of limitations for qui tam (“private attorney general”) action where the United States decides not to intervene begins to run when the qui tam plaintiff first notifies the relevant federal official about it (here, contractors submitting fraudulent invoices for security guard work in Iraq) not when the qui tam plaintiff first found out out about it
44 Liquormart v. Rhode Island, 517 U.S. 484 (decided May 13, 1996): statute prohibiting advertising of liquor prices violated First Amendment
​
Kremen v. United States, 353 U.S. 346 (decided May 13, 1957): warrant needed to search and seize entire contents of cabin where defendants (two fugitives from justice and two accused of helping them) had been hiding and which police had surveilled for 24 hours; Court appends the extensive list of the innocuous items seized; I was born in that year and it reminds me of life when I was a little kid, right down to the Kent cigarettes my mother smoked and my Swingline “Tot” stapler
In re Nielsen, 131 U.S. 176 (decided May 13, 1889): double jeopardy rule precluded prosecution against Utah man for adultery involving one woman where he had already served time for bigamy during the same time period involving that woman and another woman
​
Lapides v. Board of Regents of University System of Georgia, 535 U.S. 613 (decided May 13, 2002): state waives its Eleventh Amendment immunity when it removes a case to federal court (the issue arose because after removal the federal claims were dismissed, leaving only state law claims)
May 14
Frontiero v. Richardson, 411 U.S. 677 (decided May 14, 1973): gender is a “suspect class” so any discrimination subject to “strict scrutiny” (Air Force treated married males and married females differently in regard to housing and medical benefits)
Major League Baseball Players Ass’n v. Garvey, 532 U.S. 504 (decided May 14, 2001): The Padres did not offer Steve Garvey a contract extension for 1988 and 1989. He demanded arbitration per the MLB agreement, alleging collusion with other teams (looking at his stats, his last useful year was 1986, and the Padres saved him from late-career humiliations like what Steve Carlton was going through at the time). The arbitrator ruled against him despite a self-incriminating letter written by Ballard Smith (Padres president), he appealed, and the Court of Appeals vacated the award as “industrial justice” and sent it back to arbitration. The Court holds that it is not the business of the courts to review an arbitration award on the merits, even when the arbitrator’s factfinding is “improvident and even silly”, and restores the award. (An arbitrator’s decision is called an “award” even when he rules against the claimant.)
​
United States v. Cronic, 466 U.S. 648 (decided May 14, 1984): Young attorney, inexperienced in criminal matters, given only 25 days to prepare for complex $9.4 million mail fraud trial involving four years of government investigation and thousands of documents, and with some witnesses still not tracked down. Yet the Court does not find “ineffective assistance of counsel”.
​
McCoy v. Louisiana, 584 U.S. --- (decided May 14, 2018): Experienced attorney strategically decided to admit his client committed murders and pursue mental instability defense despite defendant’s repeated insistence that he didn’t do it. This was ineffective assistance of counsel.
Murphy v. NCAA, 584 U.S. --- (decided May 14, 2018): federal government has no power under the Constitution to regulate state sponsorship or operation of sports gambling (invalidating the Professional and Amateur Sports Protection Act)
Byrd v. United States, 584 U.S. --- (decided May 14, 2018): evidence of heroin found in rented car after warrantless search suppressed because driver who was not listed by renter as an authorized driver but who was driving with her permission was entitled to Fourth Amendment expectation of privacy
Dahda v. United States, 584 U.S. --- (decided May 14, 2018): District Court warrant that improperly authorized some wiretaps outside the District’s jurisdiction was still valid as to those within
United States v. Sanchez-Gomez, 584 U.S. --- (decided May 14, 2018): challenge to District Court policy permitting gratuitous use of full body restraints on defendants attending nonjury proceedings was not a “functional class action” and therefore dismissed as moot when challengers’ criminal cases were resolved
May 15
United States v. Miller, 307 U.S. 174 (decided May 15, 1939:) Second Amendment guarantees only right to keep and bear arms in “reasonable relationship to the preservation or efficiency of a well regulated militia”. Contains long discussion of Articles of Confederation period, such as sentiment in favor of militias so as to obviate creation of a standing army and militia possession and training requirements states placed on males. The sawed-off shotgun at issue was not reasonably a militia weapon and therefore statute penalizing possession of such weapons (and requiring federal agency approval of any ownership or transfer of militia-type weapons) was within Congress’s power.
United States v. Morrison, 529 U.S. 598 (decided May 15, 2000): statute allowing civil remedy for victims of gender-related violence was outside Congress’s Commerce Clause power nor did Equal Protection clause apply to private conduct
In re Gault, 387 U.S. 1 (decided May 15, 1967): juvenile and his parents are entitled to due process (e.g., assistance of counsel, protection against self-incrimination) before commitment to “industrial school” as a delinquent
Fong Yue Ting v. United States, 149 U.S. 698 (decided May 15, 1893): United States could expel without due process any Chinese laborer who does not get a residency card from the IRS within the first year
Kindred Nursing Centers et al. v. Clark, 581 U.S. 246 (decided May 15, 2017): effect under Kentucky law of power of attorney given to relatives of nursing home resident was to exclude agreeing to arbitration from scope of authority and therefore was in violation of the Federal Arbitration Act; arbitration clause in contract therefore applied and lawsuit alleging negligence was dismissed
Randon v. Toby, 52 U.S. 493 (decided May 15, 1851): “The buying and selling of negroes, in a State where slavery is tolerated, and where color is prima facie evidence that such is the status of the person, cannot be said to be an illegal contract, and void on that account. The crime committed by those who introduced the negroes into the country does not attach to all those who may afterwards purchase them.”
Kulko v. Superior Court of California, 436 U.S. 84 (decided May 15, 1978): California court had no jurisdiction over father in alimony dispute because he did not live there even though he had consented to mother and children moving to California from New York in contravention of the separation agreement
​
Hubbard v. United States, 514 U.S. 695 (decided May 15, 1995): 18 U.S.C. §1001 (criminalizing false statements made to federal officials) doesn’t apply to lying in court (overruling United States v. Bramblett, 1955)
Stephens v. Cherokee Nation, 174 U.S. 445 (decided May 15, 1899): application for “citizenship” in tribe allowing participation in election of tribal commission and access to United States courts can be denied without due process safeguards
May 16
California v. Greenwood, 486 U.S. 35 (decided May 16, 1988): police can search garbage left out by the curb without a warrant
Mutual Life Ins. Co. v. Hillmon, 145 U.S. 285 (decided May 16, 1892): This is the famous case which dragged on for 24 years, and this was the decision which made it famous, introducing a new rule of evidence, the hearsay exception for future intention. Sallie Hillmon tried to collect on a life insurance policy, by proving that her husband had died by accidental gunshot at Crooked Creek, Kansas in 1879. Was the deceased John Hillmon or one Fred Walters? Here, the Court agrees with the insurance company that the trial court should have admitted a letter written at Wichita from Walters to his financée stating that he intended to go to Colorado with his new buddy Hillmon; this might show that it was really Walters who was shot because Crooked Creek was along the way and Walters, an assiduous letter writer, was never heard from again. My Evidence professor did his usual excellent job recounting this story, ending with, “To this day, nobody knows who was shot at Crooked Creek”, but Wikipedia reports on a 2006 exhumation which concluded that it probably was indeed Hillmon. Anyway, Sallie was paid off and after one final 1903 decision remanding for a seventh trial the remaining insurers settled with each other.
United States v. Winans, 198 U.S. 371 (decided May 16, 1905): State of Washington must respect fishing rights granted to Native Americans under treaty made with federal government when Washington was a territory
Lawrence v. State Tax Comm’n of Mississippi, 286 U.S. 276 (decided May 16, 1932): a state supreme court court can’t evade United States Supreme Court review by basing its decision on state law grounds that are insubstantial and illusory after a party has properly raised a federal issue (the issue was whether state taxation on income from activities out of state is consistent with Equal Protection)
Spokeo, Inc. v. Robins, 578 U.S. 330 (decided May 16, 2016): Fair Credit Reporting Act suit citing incorrect information as to plaintiff on “people search engine” web site (where you punch in a person’s name and get all kinds of past and present relevant and irrelevant address information, etc.) did not allege “concrete injury” and therefore was not a “case or controversy” sufficient to invoke Article III jurisdiction
Kentucky v. King, 563 U.S. 452 (decided May 16, 2011): “exigent circumstances to prevent destruction of evidence” exception to warrant requirement applied when police officers, having knocked on door, broke it down after hearing noises of frantic movement as if to hide things
Hensley v. Eckerhart, 461 U.S. 424 (decided May 16, 1983): attorney in civil rights case (involving treatment during involuntary hospitalization) prevailing on most but not all claims is entitled to recoup fees spent in pursing related though unsuccessful claims but not fees as to factually unrelated claims
Beecham v. United States, 511 U.S. 368 (decided May 16, 1994): ex-felon still bound by federal post-conviction restriction on ownership of firearm even though restriction due to state law conviction had been lifted
Hill v. United States, 50 U.S. 386 (decided May 16, 1850): judgment debtors in suit brought by the United States (for failure to pay a promissory note) are barred by sovereign immunity from moving to enjoin enforcement
Amis v. Myers, 57 U.S. 492 (decided May 16, 1854): error for slaves to be sold as part of satisfying judgment (they had been bought by debtor’s son, not by debtor, though debtor’s name had been on original contract of sale)
May 17
Brown v. Board of Education of Topeka, 347 U.S. 483 (decided May 17, 1954): “separate is inherently unequal”, invalidating on Equal Protection grounds school segregation by race (this applies only to schools within the same district, of course, and could not invalidate “white flight” into other districts or into private schools); unanimous decision, though it was almost 8 - 1 because Jackson’s law clerk (William Rehnquist) was telling him to vote the other way (as my Con Law professor pointed out, the Court was making a “policy” decision; this was one of three consolidated cases and the Court could have agreed with the Delaware court holding that separate being equal should be decided case-by-case)
Bolling v. Sharpe, 347 U.S. 497 (decided May 17, 1954): same holding as Brown, but as to segregation in D.C., where the Fourteenth Amendment (and its Equal Protection clause) doesn’t apply; segregation wrong on Due Process grounds (Fifth Amendment)
Saenz v. California Dept. of Social Services, 526 U.S. 489 (decided May 17, 1999): limitation of welfare benefits to newly arrived residents to the amounts they would have received in prior state infringed on freedom of travel though such right is not mentioned in Constitution
Caniglia v. Strom, 593 U.S. --- (decided May 17, 2021): police needed warrant to conduct a weapons search of a house to which wife called them as to conversation on porch with husband who wanted to shoot himself (police brought him away for psychiatric evaluation after promising they would not confiscate his guns; he then brought this §1983 action arising out of the confiscation) (Caniglia died in 2023 at age 72 of natural causes)
CIC Services v. IRS, 593 U.S. --- (decided May 17, 2021): Anti-Injunction Act (which prohibits “stay” applications to avoid paying a tax) did not bar taxpayer’s pre-enforcement challenge to new reporting requirements for consultants of “captive insurers” (which are sometimes used for tax avoidance) because IRS did not follow “notice and comment” rulemaking procedures required by Administrative Procedure Act
BP v. Mayor and City Council of Baltimore, 593 U.S. --- (decided May 17, 2021): on appeal of order remanding removed case to state court (suit was by city against oil companies for concealing environmental impact of fossil fuels), court can review all grounds argued by defendant for removal in opposition to motion to remand, not just the one (involvement of federal officer) that made the order appealable (28 U.S.C. §1442)
McNeil v. United States, 508 U.S. 106 (decided May 17, 1993): Federal Tort Claims action (exposure to AIDS while in prison) dismissed as premature (even though all that happened was initial pleadings) until administrative remedies are exhausted, no matter how long they take to process, and even though claimant was pro se
Graham v. Florida, 560 U.S. 48 (decided May 17, 2010): life sentence without parole for a juvenile for non-homicide (it was attempted armed robbery) is “cruel and unusual punishment” in violation of Eighth Amendment
​
Abbott v. Abbott, 560 U.S. 1 (decided May 17, 2010): Chilean court’s “ne exeat” order (prohibiting leaving jurisdiction without consent) issued to non-custodial father created “right of custody” under the Hague Convention; United States court therefore had power to order mother to bring child back to Chile; law of “sister signatory”(Chile) entitled to great weight in construing the Convention
Organization for a Better Austin v. Keefe, 402 U.S. 415 (decided May 17, 1971): injunction barring leafletting warning against local “blockbuster” (realtor who scared white homeowners that blacks were moving in, convinced them to sell at below market value, then resold at above market to blacks) was in violation of First Amendment
May 18
Plessy v. Ferguson, 163 U.S. 537 (decided May 18, 1896): the notorious “separate but equal” decision: segregated train cars are not denial of Equal Protection; black people were not denied transportation because they had their own cars (Harlan, in dissent, famously decries “the damage this day done”; he also says that the white race would always dominate, which my Con Law professor took as a declaration of racism, though a more insightful person would see it as a way to mitigate the shock of what he was saying to an overwhelmingly pro-segregationist public)
Comptroller of Treasury of Maryland v. Wynne, 575 U.S. 242 (decided May 18, 2015): Maryland must allow its taxpayers a credit for income tax paid to other states; otherwise it creates inter-state protectionism in violation of “Dormant Commerce Clause”
​
Saint Francis College v. Al-Khazraji, 481 U.S. 604 (decided May 18, 1987): persons of Arab descent can bring §1983 claim (professor alleged denied tenure due to being Arabic)
Amgen, Inc. v. Sanofi, 598 U.S. 594 (decided May 18, 2023): patent for antibodies to fight cholesterol invalid for lack of enablement (i.e., not specific enough to “enable a workman or other person skilled in the art” to make it; this is a quote from the Patent Act of 1790)
Bousley v. United States, 524 U.S. 614 (decided May 18, 1998): defendant can take advantage of post-conviction change in law (Bailey v. United States, 1995, holding that possession of firearm is not an aggravating element under drug trafficking statute if firearm is unrelated to the trafficking)
​
Andy Warhol Foundation v. Goldsmith, 598 U.S. — (decided May 18, 2023): Warhol exceeded “fair use” of photo of (the artist once and now again known as) Prince when he derived works from his silkscreen of photograph meant for one-time use in magazine (i.e., derivative of derivative, which pretty much sums up Warhol’s life and work)
Ashcroft v. Iqbal, 556 U.S. 662 (decided May 18, 2009): plaintiff’s suit for governmental misconduct (that Bush Administration officials condoned post-9/11 discrimination against Muslims by detaining them without evidence) dismissed because no specific acts alleged
St. Louis I.M.&S.R. Co. v. Taylor, 210 U.S. 281 (decided May 18, 1908): it is not an unconstitutional delegation of Congressional power for the Interstate Commerce Commission (remember them? the first regulatory agency!) to set standards for height of railroad couplings
Talton v. Mayes, 163 U.S. 376 (decided May 18, 1896): Fifth Amendment protections do not apply to Native American tried and sentenced to be hanged by tribal court
Flynt v. Ohio, 451 U.S. 619 (decided May 18, 1981): Supreme Court can’t review nonfinal state supreme court decisions (here, an obscenity prosecution where the Ohio Supreme Court had dismissed a defense of selective prosecution) where no federal policy is undermined by letting the litigation continue to final judgment
Dick v. New York Life Ins., 359 U.S. 437 (decided May 18, 1959): in a diversity case involving a life insurance policy, jury should have been allowed to determine whether death by gunshot was accidental or suicide; under North Dakota law death is presumed accidental and evidence of suicidal intent was not conclusive (the opinion has a lot of detail about prairie farm life in 1955, softening green ears of corn in bathtubs so that livestock will eat it, milking cows, making sausages, etc.)
McCaughn v. Hershey Chocolate Co., 283 U.S. 488 (decided May 18, 1931): Hershey Co. entitled to recover tax payments because chocolate was excluded from definition of taxable “candy”
May 19
In re Whittington, 391 U.S. 341 (decided May 19, 1968): judge’s determination of juvenile as “delinquent” and therefore commitable to institution vacated and remanded to state court for redetermination with Fourteenth Amendment protections (privilege against self-incrimination, etc.)
Andrews v. United States, 373 U.S. 334 (decided May 20, 1963): a criminal defendant must be allowed to make a statement before being sentenced
Petrella v. MGM, 572 U.S. 663 (decided May 19, 2014): widow of co-writer of “Raging Bull” entitled to damages for copyright violation despite passage of 18 years since first alleged violation but entitled to only the past three years’ damages which is the statute of limitations for the statute allowing damages
Leary v. United States, 395 U.S. 6 (decided May 19, 1969): Marihuana Tax Act of 1937 (Timothy Leary was the accused) unconstitutional because it required persons not allowed to possess marijuana to declare it upon entering the country for tax purposes therefore requiring self-incrimination in violation of the Fifth Amendment (Act was repeated in 1970)
Barker Painting Co. v. Local No. 734, 281 U.S. 462 (decided May 19, 1930): Holmes refuses to rule on minimum wage law dispute because case got otherwise disposed of: “Both sides desired that the Court should go farther afield. But a Court does all that its duty compels when it confines itself to the controversy before it. It cannot be required to go into general propositions or prophetic statements of how it is likely to act upon other possible or even probable issues that have not yet arisen.”
Grubb v. Public Utilities Comm’n, 281 U.S. 470 (decided May 19, 1930): wrongful denial of application for proposed interstate bus line can be litigated in state court because federal court does not have exclusive jurisdiction over interstate commerce
Anderson v. Carkins, 135 U.S. 483 (decided May 19, 1890): Homestead Act violated by contract to sell land when seller (who had obtained the land from the government under the Act) lied about it being for his own use as required by the Act
Emsheimer v. New Orleans, 186 U.S. 33 (decided May 19, 1902): diversity jurisdiction is determined by residence at the time suit is filed, and is not destroyed by subsequent move (dispute over promissory note)
Fillippon v. Albion Vein Slate Co., 250 U.S. 76 (decided May 19, 1919): reversible error for judge to give instruction to jury without parties and their counsel being present (suit was for workplace injury)
Inyo County v. Paiute-Shoshone Indians of Bishop Community, 538 U.S. 701 (decided May 19, 2003): tribe could not sue under 42 U.S. §1983 because it protected only private persons and not sovereigns (issue was whether tribe had to comply with search warrant for records of employee accused of welfare fraud)
May 20
Merck Sharp & Dohme Corp. v. Albrecht, 587 U.S. --- (decided May 20, 2019): drug manufacturer liable under state law failure to warn theory because no “clear evidence” that it notified FDA of risk of side effect (osteoporosis drug carried risk of unusual femoral fracture) with the FDA then rejecting its proposal to add warning to label
​
Romer v. Evans, 517 U.S. 620 (decided May 20, 1996): Colorado amended its constitution to prohibit any action designed to protect gay people from discrimination. (In other words, you must be allowed to discriminate!) The Court holds that this violated the Equal Protection clause. Notable as the first gay-friendly Court decision. As Kennedy put it in his majority opinion, “It is not within our constitutional tradition to enact laws of this sort. Central both to the idea of the rule of law and to our own Constitution’s guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance.” In dissent Scalia has a point when he calls gay people “a politically powerful minority” but, calling everyone’s attention to Bowers v. Hardwick, still seems unaware that women as well as men give blowjobs.
​
Herrera v. Wyoming, 587 U.S. --- (decided May 20, 2019): neither the creation of the Wyoming Territory in 1868 nor Wyoming’s admission to the Union in 1890 affected Crow Tribe’s property rights and right to hunt under earlier treaty
Bloom v. Illinois, 391 U.S. 194 (decided May 20, 1968): defendant accused of criminal contempt serious enough to carry a prison sentence (here, submitting a fraudulent will for probate) is entitled to a jury trial
​
Alabama v. Shelton, 535 U.S. 654 (decided May 20, 2002): Apparently there is no right to counsel if only a suspended sentence results. Here, the Court holds that such a sentence cannot include the possibility of future “activation” (i.e., imprisonment).
Bruton v. United States, 391 U.S. 123 (decided May 20, 1968): admitting into evidence confession of co-defendant violates Confrontation Clause if in the jury’s mind it can prejudice the defendant whether or not it is adduced for that purpose
Lucas v. Alexander, 279 U.S. 573 (decided May 20, 1929): no tax on amounts received before the applicable taxing law (Revenue Act of 1918) went into effect
​
City of Arlington, Texas v. FCC, 569 U.S. 290 (decided May 20, 2013): FCC was entitled to Chevron deference as to its regulation setting 90-day deadline for state/local governments to act on siting applications for wireless services (statute, 47 U.S.C. §332(c)(7)(B)(ii), requires decision only “within a reasonable time”)
Sontag Chain Stores Co. v. National Nut Co., 310 U.S. 281 (decided May 20, 1940): manufacture and sale of patented machine for enlarged purpose is not patent infringement even after enlarged purpose falls within reissued patent
Doctor’s Associates v. Casarotto, 517 U.S. 681 (decided May 20, 1996): Federal Arbitration Act preempts Montana statute requiring any contract with an arbitration clause to put it in capital letters on the first page (dispute between Subway sandwich chain and franchisee)
Schlitz Brewing Co. v. United States, 181 U.S. 584 (decided May 20, 1901): bottled beer is not different enough from barrel beer to entitle bottler to “drawback” (refund of duty paid on imported materials when materials are changed and then exported) (I take exception to this conclusion, but with a cheap beer like Schlitz it hardly matters)
May 21
Bell Atlantic v. Twombly, 550 U.S. 544 (decided May 21, 2007): mere allegation of parallel conduct insufficient to state an antitrust claim by subscribers against local telephone companies created in the wake of the antitrust breakup of AT&T
Epic Systems Corp. v. Lewis, 584 U.S. --- (decided May 21, 2018): Federal Arbitration Act bars Fair Labor Standards Act class actions by employees whose employment contracts have arbitration clauses despite the FAA’s exception for federal law violations
May v. New Orleans, 178 U.S. 496 (decided May 21, 1900): when imported bulk goods were opened and sold as separate packages they were no longer “imports” and therefore City’s tax assessment was not unconstitutional State-based tariff in violation of Import-Export Clause (art. I, §10, cl. 2)
In re Green, 369 U.S. 689 (decided May 21, 1962): picketer arrested for defying anti-picketing state court order should have been allowed a hearing to argue that contempt order was void because picketer’s grievance fell within NLRB’s exclusive jurisdiction
Wagner Electric Mfg. Co. v. Lyndon, 262 U.S. 226 (decided May 21, 1923): District Court appeal which should have gone directly to the Supreme Court (under 28 U.S.C. §238(a), now repealed) but was appealed to the Circuit Court would be decided directly by the Supreme Court instead of sending it back to the Circuit Court to transfer back to Supreme Court (!)
Baltimore & Ohio Ry. Co. v. ICC, 221 U.S. 612 (decided May 21, 1911): statute setting maximum hours of common carrier employees was properly within Commerce Clause power (even though business was mostly intrastate) and Interstate Commerce Commission was properly empowered by Congress to enforce it; requirement that carriers supply monthly reports of excess hours did not violate Fifth Amendment because privilege against self-incrimination is enjoyed by individuals, not corporations
​
Holder v. Martinez Gutierrez, 566 U.S. 583 (decided May 21, 2012): years that parent already resided in this country before child arrived do not count toward five-year minimum lawful presence requirement so as to cancel removal under 8 U.S.C. §1229(b)(a) (child, now young adult, subject to removal for drug offense)
Barnicki v. Vopper, 532 U.S. 514 (decided May 21, 2001): First Amendment protected broadcast of surreptitiously recorded cell phone call between teacher’s union officials during collective bargaining negotiations (distinguishing Pamela Anderson/Tommy Lee sex tape case, Michaels v. Internet Entertainment Group, 5 F. Supp. 2d 823, which involved matter of private concern)
Chaffin v. Stynchombe, 412 U.S. 17 (decided May 21, 1973): higher sentence imposed by jury on retrial is not “Double Jeopardy” because jury not informed of first conviction and sentence not due to vindictiveness (charge was robbery, sentenced to 15 years, lawyer thought he was doing client a favor by getting conviction thrown out due to incorrect jury instruction; retrial sentence was life imprisonment -- d’oh!!)
May 22
TC Heartland LLC v. Kraft Foods Group, 581 U.S. 258 (decided May 22, 2017): patent suit must be brought in defendant’s state of incorporation under patent venue statute (28 U.S.C. §1400(b)) despite later revision of general venue statute (§1391) with broader language
Cooper v. Harris, 581 U.S. 285 (decided May 22, 2017): deferring to District Court’s factual determination rejecting North Carolina’s redistricting because no reason was shown for increasing percentage of black voters in two districts; plaintiffs (registered voters) not collaterally estopped by State’s victory in racial gerrymandering suit brought by civil rights groups
Water Splash, Inc. v. Menon, 581 U.S. 271 (decided May 22, 2017): Hague Service Convention (to which the U.S. is a signatory) allows service of suit abroad by mail (suit was by water park against Canadian employee for giving design drawings to competitor)
Wilson v. Arkansas, 514 U.S. 927 (decided May 22, 1995): police did not have to knock first when entering house with a warrant (front door was open; evidence properly admitted that police found defendant flushing drugs down the toilet)
Brigham City v. Stuart, 547 U.S. 398 (decided May 22, 2006): police responding to a disturbance did not need a warrant to enter house after they saw through a screen door one person punch another, causing spitting blood, and after they knocked first though their knocking was not heard
Jones v. United States, 529 U.S. 848 (decided May 22, 2000): private residence not used in interstate commerce; federal arson statute doesn’t apply
Bankers Trust Co. v. Texas & P.R. Co., 241 U.S. 295 (decided May 22, 1916): mere fact that defendant was corporation chartered by Congress did not mean that any lawsuit against it contains federal issue invoking federal court jurisdiction
United States v. Playboy Entertainment Group, 529 U.S. 803 (decided May 22, 2000): striking down on First Amendment grounds cable providers’ prevention of “signal bleed” by either scrambling sexually explicit channels or restricting viewing to certain hours; less restrictive alternatives available (in the 1980s those of us without cable would watch those rhythmic wiggles on our TVs and try to guess what those people were doing) (though the Playboy Channel was concededly “sexually explicit” under the statute, Hefner & Co. were careful to avoid depicting actual sex; Teri Weigel, the April 1986 Playmate, went into porn and they never spoke to her again)
Zicarelli v. New Jersey State Comm’n of Investigation, 406 U.S. 472 (decided May 22, 1972): witness in organized crime investigation could not “take the Fifth” after commission had granted him “use and derivative use” immunity
United States Term Limits v. Thornton, 514 U.S. 779 (decided May 22, 1995): States cannot impose term limits on people they send to Congress
May 23
Rust v. Sullivan, 500 U.S. 173 (decided May 23, 1991): Congress can prohibit family planning agencies receiving federal funds from mentioning abortion either in their publications or in individual counseling (this was a plot point in the 1992 movie “Just Another Girl on the IRT”)
Foster v. Chatman, 578 U.S. 488 (decided May 23, 2016): Batson challenge as to using peremptory challenges to exclude the only black prospective jurors can be revived upon discovery of documents in prosecution files highlighting everyone in jury pool who was black
General Dynamics v. United States, 563 U.S. 478 (decided May 23, 2011): government and defense contractor are stuck with contract despite cost overruns and dissatisfaction on both sides because litigating the contractor’s defense that failure to perform was due to government refusal to share “superior knowledge” would necessarily involve disclosure of state secrets; suit by contractor in Court of Federal Claims dismissed
Johnson v. Zerbst, 304 U.S. 458 (decided May 23, 1938): whether defendant’s waiver of right to counsel under Sixth Amendment was “intelligent” and “competent” is question for trial court (his inability to actually afford a lawyer presumably would be a valid reason for waiver; this was before Gideon v. Wainwright)
Clingman v. Beaver, 544 U.S. 581 (decided May 23, 2005): restricting primary election to registered party members did not violate First Amendment “freedom of association”
Sanger v. Nightingale, 122 U.S. 176 (decided May 23, 1887): A suit alleging a fraudulent mortgage, involving the effect of a statute of limitations requiring pre-1865 claims to be brought by 1870. Interesting because one of the issues was the valuation of 120 slaves on the estate as mortgaged in 1855 who were lost due to emancipation.
​
Brown v. Plata, 563 U.S. 493 (decided May 23, 2011): remedy for overcrowding causing Eighth Amendment injury to mentally ill prisoners was to decrease the prison population (to only 137.5% of design capacity)
Budinich v. Becton Dickinson & Co., 486 U.S. 196 (decided May 23, 1988): adjudication of state law claim on merits is appealable “final judgment” under 28 U.S.C. §1291 despite remaining issue of attorney fee award even if under state law fees are part of the judgment
​
Morgan v. Sundance, Inc., 596 U.S. --- (decided May 23, 2022): As those of us in this field know, you can interpose arbitration as an affirmative defense, but you have to move to dismiss/compel arbitration before meaningful discovery takes place (and certainly before the statute of limitations has run). Here, where restaurant chain employees had brought a “collective action” alleging violation of overtime pay laws, the Court, construing the Federal Arbitration Act, holds that one objecting to late arbitration doesn’t have to show that there was prejudice due to the delay (remanding to Circuit Court question of whether restaurant chain acted inconsistently with its right to arbitrate).
United States v. Wong, 431 U.S. 174 (decided May 23, 1977): defendant prosecuted for committing perjury in front of grand jury not entitled to suppression of false statement despite not having been informed of right to remain silent
May 24
In re Shipp, 214 U.S. 386 (verdict rendered May 24, 1909): Only once has there been a criminal trial in the Supreme Court and this was it. The Court had stayed proceedings as to a jailed black murder defendant until appeals could be heard. The defendants, nine local law enforcement personnel, had violated the Court’s order by letting (or helping) a mob carry off the prisoner and lynch him. So the trial for contempt was properly in the court which had issued the stay order -- the Supreme Court. (Though actually evidence was heard by a special master -- good! many Justices should not be entrusted with a trial). The verdict is a long decision reciting all the evidence and finding some of the accused contemnors guilty.
Bob Jones University v. United States, 461 U.S. 574 (decided May 24, 1983): revocation of tax exemption of private university which based on its interpretation of the Bible prohibited interracial dating/marriage did not violate First Amendment freedom of religion (coincidentally or not, 1983 was the last year this white man had a white girlfriend)
Guam v. United States, 593 U.S. --- (decided May 24, 2021): Guam cannot recover toxic cleanup costs from U.S. because was not a specific CERCLA (“Superfund”) cleanup such as the statute allowing recoupment requires
​
Blueford v. Arkansas, 566 U.S. 599 (decided May 24, 2012): no Double Jeopardy bar to retrial on all charges, even though foreperson in first trial reported that though hung on manslaughter charge the jury had voted to acquit on murder charge
​
United States v. O’Brien, 560 U.S. 218 (decided May 24, 2010): whether weapon used in crime of violence was a machine gun (18 U.S.C. §924(c)(1)(B)(ii)) was an element of the crime (beyond reasonable doubt) and not a sentencing factor (preponderance of evidence)
Wilson v. Layne, 526 U.S. 603 (decided May 24, 1999): allowing reporters to “ride along” with a warrant-based search violates the Fourth Amendment, though in that case excused due to unsettled law at the time (and the photos taken were never published)
Merchants’ and Manufacturers’ Bank v. Pennsylvania, 167 U.S. 461 (decided May 24, 1897): deferring to Pennsylvania Supreme Court’s holding that State taxation of national banks as well as in-state banks did not violate Equal Protection even thought the effects were different
Sutherland v. Mayer, 271 U.S. 272 (decided May 24, 1926): no favorable treatment to either side in divvying up distribution of German-American business partnership dissolved by 1917 Declaration of War; postwar German hyperinflation ignored in valuation
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, 425 U.S. 748 (decided May 24, 1976): statute prohibiting pharmacists from advertising drug prices violated First Amendment
Nelson v. Campbell, 541 U.S. 637 (decided May 24, 2004): condemned man informed on eve of lethal injection execution that his drug-abuse-compromised vein would be accessed an hour before execution by a 2-inch cut and catheterization without physician present could file suit under 42 U.S.C. §1983; habeas corpus not available because not challenging fact of his imprisonment or the sentence imposed (unanimous decision!) (Nelson died in prison of unrelated causes in 2009)
May 25
Choteau v. Burnet, 283 U.S. 691 (decided May 25, 1931): status as Native American does not excuse obligation to
pay income tax on amounts received from tribe’s oil and gas leases
​
Griffin v. School Board of Prince Edward County, 377 U.S. 218 (decided May 25, 1964): school district couldn’t avoid desegregation order by closing all schools and using the money for vouchers to private schools all of which happene d to exclude blacks
​
Sackett v. EPA, 598 U.S. 651 (decided May 25, 2023): Clean Water Act did not apply to enjoin backfilling for home renovation; road separated property from arguable “wetland” (5 - 4 decision)
​
Phillips v. Comm’r of Internal Revenue, 283 U.S. 589 (decided May 25, 1931): summary taxation order (as to assets of dissolved corporation) does not violate Due Process because taxpayer may contest the order in court even though court will review only for clearly erroneous
United States v. Dickey, 268 U.S. 378 (decided May 25, 1925): First Amendment protected newspaper’s publication of private person’s tax return information (identity, address, amount paid) because Congress had already authorized the IRS to make this information available for public inspection (doesn’t sound like a good enough reason)
​
Dickey v. Florida, 398 U.S. 30 (decided May 25, 1970): unexplained and objected-to eight-year delay of trial for armed robbery violated Sixth Amendment speedy trial right; witnesses had disappeared, files lost, etc.; conviction reversed
Carpenter v. Strange, 141 U.S. 87 (decided May 25, 1891): full faith and credit extended to New York court’s probate of will even though it determined property rights out of state
Chang Chan v. Nagle, 268 U.S. 346 (decided May 25, 1925): pursuant to Immigration Act of 1924 (part of ongoing exclusion of Asians) Chinese women married to American citizens not eligible thereby for citizenship and not permitted to enter country
​
Avery v. Georgia, 345 U.S. 559 (decided May 25, 1953): To compose jury panel, judge selected names from jury box. White prospective jurors were on white slips, black jurors on yellow slips, and guess what? -- not a single yellow slip was selected, and the resulting all-white jury found black defendant guilty of rape. Conviction reversed.
​
Schacht v. United States, 398 U.S. 58 (decided May 25, 1970): actor who wore Army uniform in street play protesting Vietnam War atrocities not guilty under statute criminalizing impersonation of servicemen “in a manner to bring the military into disrepute” due to statutory exception for performance in theatrical production; criminal statute struck anyway as violating First Amendment
Bibb v. Navajo Freight Lines, 359 U.S. 520 (decided May 25, 1959): Illinois law uniquely requiring trucks to have curved mudflaps violated “dormant commerce clause” because it burdened interstate commerce (requiring truckers from other states to buy them just to go through Illinois) (Illinois is a hard state to go around; would a similar Rhode Island law pass muster?)
May 26
United States v. Salerno, 481 U.S. 739 (decided May 26, 1987): upholding Constitutionality of Bail Reform Act of 1984 which requires denial of bail if after a hearing the court determines that release would be a danger to the community (traditionally the purpose of bail is only to ensure attendance at hearings and trial)
​
Kellogg Brown & Root Services v. United States, 575 U.S. 650 (decided May 26, 2015): qui tam (“private attorney general”) action against contractors who allegedly falsely billed the government for logistical services in Iraq was time-barred; Wartime Suspension of Limitations Act applied only to criminal prosecutions, not civil actions
​
Camreta v. Greene, 563 U.S. 692 (decided May 26, 2011): refusing to entertain social worker’s petition to review holding as to Fourth Amendment violation when conducting a warrantless interview with child as to possible sexual abuse because even though the Court can sometimes entertain an appeal by a successful party (judgment had been in social worker’s favor due to qualified immunity) the case was moot; the child did not appeal her loss, had grown up and moved across the country
​
Montejo v. Louisiana, 556 U.S. 778 (decided May 26, 2009): statements admissible even though defendant was unaware that counsel had already been appointed for him because Miranda warnings were sufficient (overruling Michigan v. Jackson, 1986)
​
United States v. Classic, 313 U.S. 299 (decided May 26, 1941): Congress has power to criminalize misconduct in primary elections for Congress (thereby sustaining convictions of election commissioners who switched votes in favor of Hale Boggs). (I remember him -- this election started his long career. He disappeared in a plane crash in Alaska just before winning re-election in 1972. His daughter, Cokie Roberts, became a Beltway talking head.)
​
Quill Corp. v. North Dakota, 504 U.S. 298 (decided May 26, 1992): Dormant Commerce Clause prohibits a State from collecting sales or use taxes from out-of-state companies selling to its residents (overruled by South Dakota v. Wayfair, Inc., 2018)
​
Commil USA v. Cisco Systems, Inc., 575 U.S. 632 (decided May 26, 2015): good-faith belief that there is no valid patent is not a defense to charge of infringement and inducing others to infringe (devices for accessing wireless networks were manufactured and sold by defendant)
​
United States v. Tinklenberg, 563 U.S. 647 (decided May 26, 2011): time spent on making and getting decision on Government’s pretrial motions does not count toward the 70-day deadline of the Speedy Trial Act of 1974 (18 U.S.C. §3161) even if it doesn’t actually delay trial
​
Haywood v. Drown, 556 U.S. 729 (decided May 26, 2009): a state cannot close its courts to plenary 42 U.S.C. §1983 lawsuits (striking down New York statute requiring any lawsuit against correctional officers to be brought in Court of Claims, where there is no jury trial, punitive damages, or injunctive relief)
​
Reagan v. Farmers’ Loan and Trust Co., 154 U.S. 362 (decided May 26, 1894): federal suit against state railroad commissioners for actions undertaken in their official duties (setting rates) was not in violation of Eleventh Amendment because suit was not actually against the state (Texas) but the commissioners and the state statute could be read to allow suit in federal court
May 27
Schechter Poultry Corp. v. United States, 295 U.S. 495 (decided May 27, 1935) (the “sick chicken case”): invalidated many provisions of National Industrial Recovery Act (which allowed Executive Branch to issue regulations as to sale of chickens, and as to wages, prices) as improper delegation of Congressional power, and outside Congress’s authority anyway because Commerce Clause power did not extend to effects on interstate commerce which were only indirect
​
San Antonio v. Hotels.com, LP, 593 U.S. --- (decided May 27, 2021): FRAP 39(e), entitled “costs on appeal taxable in the District Court”, refers only to the location of the entry of costs and does not allow the District Court to change the determination of the Circuit Court as to costs on appeal made pursuant to 39(a)
​
SEC v. W.J. Howey Co., 328 U.S. 293 (decided May 27, 1946): an offering of units of a citrus grove development is an “investment contract” under the Securities Act of 1933 and therefore has to be registered as a security
​
United States v. Schwimmer, 279 U.S. 644 (decided May 27, 1929): pacifist denied citizenship because during interview she refused to promise to take up arms in defense of the United States (not that, as a female, she would ever be required to!)
​
Plumhoff v. Rickard, 572 U.S. 765 (decided May 27, 2014): not unreasonable and not use of “excessive force” to shoot into vehicle during dangerous high-speed chase (over 100 mph); qualified immunity in §1983 suit
​
Humphrey’s Executor v. United States, 295 U.S. 602 (decided May 27, 1935): commissioners with quasi-judicial-legislative (as opposed to executive) functions (like the FTC) can be removed by the President only for the reasons cited in the enabling act (such as “inefficiency, neglect of duty, or malfeasance” in the FTC Act)
​
Green v. School Board of New Kent County, Va., 391 U.S. 430 (decided May 27, 1968): allowing students to choose the “white school” or the “black school” was in violation of Brown because black students in the previously all-white school were harassed and there was no integration as to 1) faculty, 2) staff, 3) transportation, 4) extracurricular activities or 5) facilities.
​
Hall v. Florida, 572 U.S. 701 (decided May 27, 2014): IQ is not sole factor of intellectual disability; striking down on Eighth Amendment grounds Florida rule that once IQ is found to be more than 70 no further exploration of lack of capacity defense is permitted
​
Downes v. Bidwell, 182 U.S. 244 (decided May 27, 1901): goods from territories (oranges from Puerto Rico) were “imports” subject to duty charges because Congress can create revenue laws specific to territories (despite art. I, §8 which requires duties to be uniform throughout the U.S.)
​
United States v. Causby, 328 U.S. 256 (decided May 27, 1946): Disruptive use of airspace over property (Army planes coming off abutting airstrip which panicked and killed farmer’s chickens) was a compensable “taking” under the Fifth Amendment. (My grandparents lived across the street from a defense plant runway and the noise of fighter planes seeming to almost touch the chimney used to scare us; as we got older we got used to it.)
May 28
Home Depot U.S.A. v. Jackson, 587 U.S. --- (decided May 28, 2019): new party sued in third party class action can’t remove case to federal court because statute allowing any class action to be removed can be invoked only by original defendant
​
Hoffman v. United States, 341 U.S. 479 (decided May 28, 1951): witness can “take the Fifth” before a grand jury even as to general questions about his background, occupation, etc. if he has a long criminal record and has been publicly associated with organized crime
​
Dewey v. United States, 178 U.S. 510 (decided May 28, 1900): plaintiff (this was Commodore Dewey, soon to become the only Admiral of the Navy in U.S. history) not entitled to full bounty for sinking ships during Spanish-American war because did not face superior enemy forces at sea (as is required for the full bounty) even though enemy had superior forces on land (note: Dewey was born into wealth and was rich already)
​
Deserant v. Cerillos C.R. Co., 178 U.S. 409 (decided May 28, 1900): mine operators sued for personal injuries after explosion cannot rely on “what a reasonable person would do” defense but are bound by specific ventilation requirements imposed by federal statute (i.e., violation of a relevant regulation is “negligence per se”)
​
Radio Corp. of America v. United States, 341 U.S. 412 (decided May 28, 1951): FCC had power to decide on CBS’s method of color TV transmission as the standard; plaintiff (known to my generation as “RCA”), argued that no system was yet developed enough (ironic because when I was a kid its flagship station, WRCA in New York, Channel 4, touted itself as the “full color network”)
​
United States v. American Sugar Refining Co., 202 U.S. 563 (decided May 28, 1906): for the purposes of duties imposed on sugar imports, treaty signed by Presidents of Cuba and the United States went into effect on date as calculated by treaty language despite later amendment and ratification by act of Congress with a definite date (“It is not an unusual judicial problem to have to seek the meaning of a law expressed in words not doubtful of themselves, but made so by circumstances or the objects to which they come to be applied”)
​
Reed v. County Comm’rs of Delaware County, 277 U.S. 376 (decided May 28, 1928): special Senate committee investigating Senatorial election could not sue to obtain subpoenaed materials from local election officials because enabling resolution did not authorize them to sue
​
Box v. Planned Parenthood, 587 U.S. --- (decided May 28, 2019): Upholding on “rational basis” grounds Indiana statute prohibiting treating fetal remains (in New York malpractice litigation we call it “products of conception”) as waste (i.e.,. to be disposed of together with surgical byproducts). The Court did not grant cert on the part of the statute prohibiting abortions knowingly based on disability, gender or race considerations, and this case is notable for Thomas’s opinion in favor of cert, a long discussion of the history of eugenics (though as someone pointed out at the time, when post-birth disabled people come before the Court, Thomas finds ways to vote against them -- is this a fair criticism?).
​
Hernandez v. New York, 500 U.S. 352 (decided May 28, 1991): prosecutor successfully made a race-neutral showing of why he used peremptory challenges to strike Latino jurors (after long discussion with jurors in court presence, felt these native Spanish speakers would form their own understanding of Spanish language testimony instead of relying on the interpreter) (My wife is Dominican and I can tell you translation of the same words can vary greatly country to country)
​
Nieves v. Bartlett, 587 U.S. --- (decided May 28, 2019): 42 U.S.C. §1983 retaliatory arrest claim (man arrested after urging another person not to respond to police officer’s questions) defeated by showing of probable cause (he was drunk and disorderly)
May 29
Ledbetter v. Goodyear, 550 U.S. 618 (decided May 29, 2007): Title VII lawsuit as to sexual discrimination in employment (after 18 years plaintiff found that she was getting paid less than newly hired men in the same division) must be brought according to statutory language within 180 days of the act of unequal payment whether or not she knows about it (and of course she wouldn’t, unless she has a way to access the company’s payroll files every six months) (wording of statute changed to fix this result in January 2009 by the Ledbetter Fair Pay Act, the first bill signed into law by Obama)
​
Collins v. Virginia, 584 U.S. --- (decided May 29, 2018): police needed warrant to enter driveway and inspect stolen vehicle that was under a tarp, even though it was visible from the street and was parked in the same position as in photo of the (uncovered) stolen vehicle on defendant’s Facebook page
​
Lagos v. United States, 584 U.S. --- (decided May 29, 2018): lender defrauded by Mr. Lagos not entitled after guilty plea to reimbursement of its private investigation expenses ($5 million) under Mandatory Victims Restitution Act provision which provides only for out-of-pocket expenses incurred in participating in government prosecutions (for example, child care, lost pay, train fare, etc.)
​
PGA Tour, Inc. v. Martin, 532 U.S. 661 (decided May 29, 2001): ADA required professional golfer with circulatory condition (?? how could he play a round of golf?) to be allowed to use golf cart because golf course was “public accommodation” (Scalia’s dissent as to “this incredibly silly question” and “Platonic golf” is pretty funny)
​
Grady v. Corbin, 495 U.S. 508 (decided May 29, 1990): Double Jeopardy clause precluded prosecution for homicide after defendant pleaded guilty to DUI because arose out of the same conduct (Brennan and Marshall retired, and this was quickly overruled by United States v. Dixon, 1993; now Double Jeopardy protection applies only if the elements charged are the same)
​
NLRB v. Kentucky River Community Care, 532 U.S. 706 (decided May 29, 2001): nurse supervisors were not “employees” entitled to be included in collective bargaining because they exercise “independent judgment . . . in the interest of the employer” as defined in the National Labor Relations Act though (exercising Chevron deference) affirms NLRB rule that employer has burden of showing supervisor status
​
United States v. Southern Pacific Co., 259 U.S. 214 (decided May 29, 1922): voiding merger of railroads under Sherman Act; effect was to “materially reduce the free and normal flow of competition in the channels of interstate trade” (even though buyer had propped up seller by guaranteeing notes to the United States)
​
Bean v. Morris, 221 U.S. 485 (decided May 29, 1911): dispute between users of river that flowed from Montana to Wyoming and back again would be decided by common law as if there were no state boundaries
​
Coyle v. Smith, 221 U.S. 559 (decided May 29, 1911): Oklahoma legislature could change capital from Guthrie to Oklahoma City in a manner different from that specified by Congress in the Act admitting the state to the Union (suit was brought by Guthrie businessmen)
​
Columbia Broadcasting System v. Democratic Nat’l Committee, 412 U.S. 94 (decided May 29, 1973): radio station’s flat ban on political viewpoint ads did not violate First Amendment or Fairness Doctrine (since abolished) and did not violate “public interest” obligation placed on network by FCC (at issue were anti-Vietnam War ads by a private business group and DNC ads expressing Party views and asking for funds)
May 30
BNSF Ry. Co. v. Tyrrell, 581 U.S. 402 (decided May 30, 2017): railroad could be sued in state where it was neither based nor incorporated nor where accident happened (IOW, under general “doing business” jurisdiction as allowed by state statute) despite Daimler AG v. Bauman, 2014, which held that “doing business” jurisdiction did not comport with due process, because 45 U.S.C. §56 allows suit against railroads in any “doing business” state which is only a venue and not a jurisdictional phrase (this is lame; I think the Court was trying to put a diaper on Daimler)
​
County of Los Angeles v. Mendez, 581 U.S. 420 (decided May 30, 2017): reasonable force as a result of intentionally/recklessly provoking a violent confrontation (in violation of Fourth Amendment) is not “unreasonable use of force” so as to void qualified immunity (police improperly broke in without warrant and woke up defendant, who thinking it was his girlfriend, moved his rat-hunting BB gun off the bed so that he could get up; police shot him multiple times)
​
Esquivel-Quintana v. Sessions, 581 U.S. 385 (decided May 30, 2017): “sexual abuse of minor” (a reason for deportation under the Immigration Act) presumes general federal law definition of minor (under age 16) rather than law of State of conviction (18) and therefore deportation order based on guilty plea as to 17-year-old girl overturned
​
Hildwin v. Florida, 490 U.S. 638 (decided May 30, 1989): Sixth Amendment (trial by jury) does not require that, after conviction, findings of fact authorizing death penalty be made by jury; judge can decide sentence after hearing jury’s mere recommendations and is not bound by them (overruled by Hurst v. Florida, 2016)
​
Deepsouth Packing Co. v. Laitram Corp., 406 U.S. 518 (decided May 30, 1972): it is not a patent infringement to sell parts of a patented invention (a shrimp deveining machine) to overseas buyers for assembly (abrogated by statute in 1984) (note White’s flowery language which shows that as a writer he was a good football player)
​
Socialist Labor Party v. Gilligan, 406 U.S. 583 (decided May 30, 1972): no “case or controversy” as to contention by political party that Ohio’s requiring loyalty oath for placement on ballot violated Equal Protection because of intervening change in election law, failure to allege injury or actual exclusion from ballot, and fact that party had repeatedly signed the oath in the past
​
In re Primus, 436 U.S. 412 (decided May 30, 1978): ACLU attorney who had given lecture to women who had been involuntarily sterilized and then sent letter stating that the ACLU would offer free legal assistance was protected by First and Fourteenth Amendment freedom of expression; disciplinary reprimand for “solicitation” vacated
​
Raleigh v. Illinois Dept. of Revenue, 530 U.S. 15 (decided May 30, 2000): bankruptcy does not change burden of proof, and state law provides rule for state law claims (here, Illinois law held that burden of proof as to whether tax is owed by debtor is on the debtor/bankruptcy trustee)
​
Bernal v. Fainter, 467 U.S. 216 (decided May 30, 1984): Texas requirement that a notary be a United States citizen violated Equal Protection under strict scrutiny (no “compelling state interest” -- plaintiff was a resident alien)
​
Burns v. Reed, 500 U.S. 478 (decided May 30, 1991): prosecutor who obtained search warrant after advising police officers to question multiple-personality defendant under hypnosis (one of her other personalities was suspected of shooting her children) enjoyed prosecutorial immunity in 42 U.S.C. §1983 suit as to conduct at probable cause hearing but not as to advice to police (one of the personalities had been the one to make the initial call after the shooting) (it’s unclear which of the personalities brought the §1983 suit -- how many “plaintiffs” had to be deposed?)
May 31
Maul v. United States, 274 U.S. 501 (decided May 31, 1927): vessel without proper registration properly seized by Coast Guard 34 miles offshore because statute restricting jurisdiction to 4 leagues (about 14 miles) applied only to searches, not seizures (does this mean the Coast Guard can seize a ship off the coast of Zanzibar as well as Connecticut?)
​
United States v. Louisiana, 363 U.S. 1 (decided May 31, 1960): United States sued the Gulf states under the Court’s original jurisdiction claiming ownership of (and oil rights to) offshore submerged lands. The opinion is one hell of a long and complicated treatise dealing with three miles v. three leagues offshore, boundaries of the states as specified when admitted to the Union, and the Submerged Lands Act of 1953. Also long are the dissents by Black and Douglas. The decision: Texas was allowed three leagues, the other states three miles; and the U.S. owned everything past that up to the edge of the continental shelf.
​
Int’l Brotherhood of Teamsters v. United States, 431 U.S. 324 (decided May 31, 1977): union’s seniority system in allocating jobs did not violate Title VII in discriminating against blacks and Hispanics even though it had that effect (§703(h) of Title VII protects “bona fide seniority systems”)
​
Edwards v. United States, 286 U.S. 482 (decided May 31, 1932): signature of President on private bill was valid to make it law even though Congressional session had ended because it was still within ten days of presentation (art. I, §7); no one disputed this (no case or controversy?) but Court wanted to correct “views strongly held in the past”
​
Waters v. Churchill, 511 U.S. 661 (decided May 31, 1994): though Government can control speech of its employees far more than it can of its citizens (Connick v. Myers, 1983), issue of fact as to whether nurse at public hospital really did bad-mouth her boss (even if true, hard to see why this would be a firing offense)
Arthur Andersen LLP v. United States, 544 U.S. 696 (decided May 31, 2005): conviction for obstruction of justice (destroying Enron documents) overturned because jury not instructed (per language of applicable statute) that destruction must have corrupt intent, even though while following normal procedures as to purging old documents they were aware of being investigated
​
New Energy Co. v. Limbach, 486 U.S. 269 (decided May 31, 1988): Ohio sales tax on ethanol produced out of state regulated interstate commerce in violation of Dormant Commerce Clause despite exception for states offering reciprocity
​
Ashcroft v. al-Kidd, 563 U.S. 731 (decided May 31, 2011): While boarding a plane to Saudi Arabia, al-Kidd was detained per a “material witness” warrant (18 U.S.C. §1344) issued after judge was told his testimony was “crucial” in connection with a terrorism trial. He was held for 16 days, but never called to testify. Was this just a pretext for detaining and investigating him? The Court recognizes this new type of Bivens claim, but affirms dismissal because here there was “objectively reasonable” suspicion. (Suspicion of what? As Ginsburg points out in her limited concurrence, Scalia’s majority opinion refuses to say.)
​
Moore v. East Cleveland, 431 U.S. 494 (decided May 31, 1977): zoning ordinance limiting occupancy to immediate family (and not allowing, here, grandmother to live with grandchildren) was violation of Due Process as to liberty
McCray v. United States, 195 U.S. 27 (decided May 31, 1904): tax on margarine artificially colored to look like butter was not deprivation of property without due process (and even though Congress was being irrational because butter often was also artificially colored) (one could call this an offbeat application of Plessy)