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Today in Supreme Court History: April 16

Ashcroft v. Free Speech Coalition, 535 U.S. 234 (decided April 16, 2002): striking down on First Amendment and overbreadth grounds Child Pornography Prevention Act of 1996 banning virtual pornography (despite fact that it’s difficult for law enforcement to discern virtual from real children) because it extends beyond “obscenity” (which is bannable) and limits free speech


Allen v. McVeigh, 107 U.S. 433 (decided April 16, 1883): no federal question presented by dispute over promissory note where promisor, resident in Alexandria, Virginia, had fled to Confederate territory to join his family after Union troops overran Alexandria and left his “notice of protest” there (probably because it wasn’t an international or even interstate issue -- the “Confederacy” was not recognized as a nation and it was the individual states who were at most “in rebellion” -- at least that’s my reading of this)


Genesis Healthcare v. Symczyk, 569 U.S. 66 (decided April 16, 2013): offer of judgment under Rule 68 does not make a case moot if the plaintiff rejects it (seems pretty obvious but this was a “collective” action under the Fair Labor Standards Act and with her accepting the offer there would be no plaintiffs left) (the offer was for full restitution); 5 - 4 decision


Burgess v. United States, 553 U.S. 124 (decided April 16, 2008): state penal offense punishable by more than one year is “felony drug offense” so as to invoke aggravated penalties of Controlled Substances Act even though state statute calls it a misdemeanor


Baze v. Rees, 553 U.S. 35 (decided April 16, 2008): three-drug lethal injection method was not “cruel and unusual punishment” despite increased risk of improper administration causing pain


Cooper v. Oklahoma, 517 U.S. 348 (decided April 16, 1996): state statute requiring that incompetence to stand trial be proved by clear and convincing evidence violates due process; preponderance of evidence is enough


Kay v. Ehrler, 499 U.S. 432 (decided April 16, 1991): successful pro se plaintiff in §1983 action who happens to be a lawyer is not entitled to attorney’s fees (what a jerk)


Kerr-McGee Corp. v. Navajo Tribe of Indians, 471 U.S. 195 (decided April 16, 1985): tribe can impose taxes on sale and lease of lands without approval of Secretary of the Interior


Rawlins v. Georgia, 201 U.S. 638 (decided April 16, 1906): due process not violated by statute excluding lawyers, ministers, doctors, dentists, and railway engineers and firemen from grand and trial juries (I imagine this statute is no longer in force -- but what was the impetus for it?)


Super Tire Engineering Co. v. McCorkle, 416 U.S. 115 (decided April 16, 1974): contention that state law making striking workers eligible for welfare interfered with right to bargain was still justiciable due to continuing existence of law despite settlement of strike; remanded to Third Circuit (which upheld the statute, 550 F.2d 903, cert. then denied)

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