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Today in Supreme Court History: April 5

Google LLC v. Oracle America, Inc., 593 U.S. --- (decided April 5, 2021): Google wins copyright lawsuit; its partial copying of Java SE to operate Android platform was “fair use” (and not only that, the “fair use” defense was not “at law”, so no Seventh Amendment right to jury trial) (Google had tried to purchase the full copyright but owner insisted on open source interoperability -- horrors! that’s not how you make money in the software world!!)


Rogers v. Bellei, 401 U.S. 815 (decided April 5, 1971): upholding statute under which someone born outside the United States loses citizenship if doesn’t reside in the United States for 5 years between the ages of 14 and 28 (statute has since been changed)


Conn v. Gabbert, 526 U.S. 286 (decided April 5, 1999): Just when client is about to testify before a grand jury, police served warrant on attorney for personal search of letter written by the defendant (one of the “Menendez brothers”).  Attorney went to private room and produced the letter, missing the chance to represent his client.  His §1983 action against prosecutor (violation of Fourteenth Amendment right to practice his profession) dismissed because attorney didn’t ask judge to postpone testimony and client did not have right to attorney in front of grand jury anyway.


Murphy Bros. v. Michetti Pipe Stringing, Inc., 526 U.S. 344 (decided April 5, 1999): Can’t use fax to serve process! (this was in the days of the slick’n’slimy fax paper).  30-day removal period began not with faxing Complaint but by formal service (here, by certified mail per local law).  (But what if there’s more than one defendant?  Does the removal time run from the first served defendant or the last served?  Still a split of authority!)


United States v. Texas, 507 U.S. 529 (decided April 5, 1993): Texas has to reimburse the federal government for food stamps stolen by United States Postal Service workers??  Apparently.  To add insult to injury, the Court here holds that even though the Debt Collection Act does not allow prejudgment interest, the U.S. has a common law right to pursue it (so does the $ collected go to the people who should have gotten the food stamps?).


Mills v. Habluetzel, 456 U.S. 91 (decided April 5, 1982): denial of Equal Protection to hold mothers of “illegitimate” children to standard one-year deadline to bring paternity suits due to problems of assembling proof


Evans v. Bennett, 440 U.S. 1301 (decided April 5, 1979): granting stay of execution pending hearing on mother’s habeas corpus petition even though son desires execution


Kitchens v. Smith, 401 U.S. 847 (decided April 5, 1971): defendant should have had an attorney appointed for him even though he didn’t specifically request one; simply saying “I don’t have any money” and “I don’t have a lawyer” was enough


Pointer v. Texas, 380 U.S. 400 (decided April 5, 1965): Sixth Amendment Confrontation Clause applies to state prosecutions


Reinman v. City of Little Rock, 237 U.S. 171 (decided April 5, 1915): not a denial of Equal Protection for city to prohibit livery stables in densely populated area to prevent spread of disease; Court will not disturb state supreme court’s ruling that it was within the city’s powers do to this (I suppose this decision validates zoning regulations in general)

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