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Today in Supreme Court History: April 4

Thompson v. Clark, 596 U.S. — (decided April 4, 2022): To sue under §1983 in relation to a criminal proceeding (here, malicious prosecution), you first have to show that the case against you ended with a “favorable termination”.  The Court here holds that this simply means no conviction, and not some affirmative evidence of innocence (such as an acquittal) (here, the charges had been dismissed before trial without explanation).


O’Neil v. Vermont, 144 U.S. 323 (decided April 4, 1892): dismisses appeal because no federal issue; dissent presses argument (not presented in state court) that Eighth Amendment applies to the states via the Fourteenth Amendment and 55 years hard labor for illegally selling liquor for three years is “cruel and unusual punishment”


Logan v. United States, 144 U.S. 263 (decided April 4, 1892): can exclude in capital case jurors who have “scruples” about death penalty (even if not totally opposed) (overruled by Witherspoon v. Illinois, 1977)


Federal Labor Relations Authority v. Aberdeen Proving Ground, Dept. of the Army, 485 U.S. 409 (decided April 4, 1988): dismissing federal employees’ failure to bargain suit because agency which issued regulation they wanted to bargain over had not responded (yet) that there was “no compelling need” for the regulation (issue was forced annual leave at Aberdeen Proving Ground for the days after Thanksgiving)


Kush v. Rutledge, 460 U.S. 719 (decided April 4, 1983): statute allowing suit for conspiracy to obstruct justice (42 U.S.C. §1985(2)) did not require showing of racial animus (white football player alleging players were intimidated against testifying for him in his suit alleging mistreatment and bad faith dealing after injury)


DeGregory v. New Hampshire, 383 U.S. 825 (decided April 4, 1966): First Amendment protected right to not answer questions in state investigation as to long-ago Communist Party activities (no Fifth Amendment privilege claimed)


United States v. Bramblett, 348 U.S. 503 (decided April 4, 1955): 18 U.S.C. §1001 (criminalizing false statements to the Government) not restricted to statements to executive branch employees (Congressman made false statement to House Disbursing Office about his girlfriend being on the payroll) (overruled by Hubbard v. United States, 1995)


The Blue Jacket, 144 U.S. 371 (decided April 4, 1892): another vessel collision case, in Puget Sound, where the two vessels saw the collision coming two and a half minutes before it happened and could not avoid it; Court holds that absence of lookout not relevant where a lookout wouldn’t have made any difference


Arizona Christian School Tuition Organization v. Winn, 563 U.S. 125 (decided April 4, 2011): taxpayers had no standing to contest tax credit for contributions to organizations providing scholarships to religious schools; unlike in Flast v. Cohen, where taxes paid were at issue, here the parents were free to spend their own money on the organizations (seems like a distinction without a difference to me; 5 – 4 decision; Kagan in dissent notes $350 million diverted thereby from state coffers)


Evenwel v. Abbott, 578 U.S. 54 (decided April 4, 2016): not a denial of Equal Protection to draw districts on basis of total population instead of voter-eligible population

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