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Today in Supreme Court History: April 20

Ramos v. Louisiana, 590 U.S. --- (decided April 20, 2020): guilty verdict for serious crime must be unanimous (overruling 1972 cases saying 10 - 2 was okay)


United States v. Stevens, 559 U.S. 460 (decided April 20, 2010): striking down on First Amendment grounds federal statute criminalizing depictions of animal cruelty (not animal cruelty itself) (defendant sold videos of pit bulls tearing apart pigs -- who the hell would buy that stuff??)


Bank Markazi v. Peterson, 578 U.S. 212 (decided April 20, 2016): no separation of powers problem with statute designating property available to satisfy particular judgments (here, bank accounts in New York, and judgments against Iran brought by victims of terrorism)


UNUM Life Ins. Co. v. Ward, 526 U.S. 358 (decided April 20, 1999): A provision of the ERISA law says that it does not affect state insurance law (I give a CLE -- Continuing Legal Education presentation -- on this really boring topic).  So Court holds that claim on group insurance plan was subject to California’s “notice-prejudice” rule (insurer can’t disclaim for late notice unless it can show it was prejudiced by the delay) but ERISA preempts California law deeming notice to the employer to be notice to the insurer.


McDermott v. AmClyde, 511 U.S. 202 (decided April 20, 1994): apportionment of fault in admiralty case (damage to 5,000-ton crane placing offshore platform) to settling defendant is by percentage of fault, not by dollar amount


United States v. Grace, 461 U.S. 171 (decided April 20, 1983): This case arose on the Court’s own property, contesting statute disallowing political activity on the surrounding sidewalks.  The Court struck down the statute on First Amendment “grounds”.


Connick v. Myers, 461 U.S. 138 (decided April 20, 1983): no Free Speech impediment to firing for insubordination Assistant D.A. who was upset at being transferred and circulated a questionnaire to other A.D.A.’s as to transfer policy, morale, pressure to work on political campaigns, etc.


Smith v. Wade, 461 U.S. 30 (decided April 20, 1983): “reckless or callous indifference” shown meriting punitive damages in §1983 action against juvenile facility guard for placing plaintiff in same cell with others who were likely to beat and sexually abuse him


Northwest Airlines, Inc. Transport Workers Union of America, 451 U.S. 77 (decided April 20, 1981): Title VII does not provide right to contribution (airline liable to female cabin attendants for back pay could not seek contribution from union whose policies were partly at fault for the discrimination)


City of Los Angeles v. Lyons, 461 U.S. 95 (decided April 20, 1983): nobody has standing to seek injunction preventing police use of chokeholds because can’t show that every officer will always use a chokehold on every suspect; 5 - 4 decision (Marshall, writing for the dissent, notes that on this reasoning federal courts would have no power to enjoin a “shoot to kill” policy, or a policy of shooting one out of ten suspects on sight

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