Today in Supreme Court History: April 6

Ashe v. Swenson, 397 U.S. 436 (decided April 6, 1970): double jeopardy bars trial as to break-in and robbery of second poker player when acquittal as to robbery of first was based on failure to identify defendant as the robber

United States v. Barnett, 376 U.S. 681 (decided April 6, 1964): contemnors (Governor and Lt. Gov. of Mississippi who flouted court order to admit black student to state university) not entitled to jury trial; four liberal Justices dissented (i.e., principled behavior on both sides)

Kansas v. Glover, 589 U.S. 376 (decided April 6, 2020): reasonable cause for stop because plates showed car belonged to driver with revoked license (and it turned out to be him; arrested for habitually driving without a license)

Corley v. United States, 556 U.S. 303 (decided April 6, 2009): 18 U.S.C. §3501, making confessions admissible if within six hours of arrest and found to be voluntary, did not replace McNabb - Mallory rule that confessions are inadmissible after “unreasonable delay” in arraignment

Jacobson v. United States, 503 U.S. 540 (decided April 6, 1992): Government kept mailing child pornography to defendant, then convicted him of possessing child pornography; conviction overturned because no showing he was “predisposed” to possess it (did they count how many days he had it before he threw it in the trash?)

Universities Research Ass’n v. Coutu, 450 U.S. 754 (decided April 6, 1981): no private right of action for back wages for federal contractor employees paid below “prevailing wage” as required by the Davis-Bacon Act because contract did not contain prevailing wage stipulations (then what’s the purpose of the Act anyway?)

Arnold v. North Carolina, 376 U.S. 773 (decided April 6, 1964): vacating murder conviction of black men because records showed that in 24 years only one black person had been selected for grand jury service

United States v. First Nat’l Bank & Trust Co. of Lexington, 376 U.S. 665 (decided April 6, 1964): merger of two major competing banks is per se violation of Sherman Act (resulting bank would be larger than all other banks in Fayette County combined)

New Jersey v. New York, 345 U.S. 369 (decided April 6, 1953): City of Philadelphia can’t intervene in interstate dispute (New Jersey and Pennsylvania objecting to New York’s diversion of Delaware River tributaries) because Pennsylvania is already a party (odd because New York City was already in the suit, as a defendant)

Pennzoil Co. v. Texaco, Inc., 481 U.S. 1 (decided April 6, 1987): When I was in law school the $11 billion found against Texaco -- the largest verdict ever -- was much discussed. I said, “Can you imagine being the law firm that lost that case?” Since then, I’ve learned that “losing big” actually helps you because it makes you look like a “big player”. Anyway, the Court here exercises the Younger abstention and refuses to interfere with state enforcement proceedings, dismissing suit raising due process and Equal Protection issues which were not brought up in state suit.