Today in Supreme Court History: December 16

Greene v. Georgia, 519 U.S. 145 (decided December 16, 1996): state Supreme Court on direct appeal does not have to defer to trial judge’s findings as to juror bias (trial judge had excused for cause jurors who had reservations about the death penalty); such deference (set forth in Wainwright v. Witt, 1985) applies only in habeas proceedings (where at issue is matter outside the record -- questions which should have been asked, things that should have been done, evidence which should have been introduced, etc.)

Heimeshoff v. Hartford Life & Acc. Ins. Co., 571 U.S. 99 (decided December 16, 2013): suit on disability benefits plan is time-barred by plan’s own limitations period even though administrative remedies not yet exhausted (ERISA is silent on the issue)

Robertson v. Gerdan, 132 U.S. 454 (decided December 16, 1889): Ivory pieces to be attached to piano keys are subject to “ivory” tariff instead of “musical instrument” tariff. Note: This issue is now inconsequential due to the near-prohibition on ivory in an effort to protect elephant herds. I represented an instrument dealer in getting some vintage items exported. The regulatory scheme is perverse. First, ivory used in musical instruments is solely decorative (e.g., tips of violin bows), and the only instruments with it are vintage instruments for which no elephants have been shot in decades (nowadays plastic is used). The real culprits are dealers selling big items made from entire tusks, whereas ten thousand bow tips would be needed to result in the ruination of one tusk. Secondly, only certain types of ivory are prohibited. Not (for example) wart hog ivory or mammoth/mastodon ivory (!). The type of ivory is supposed to be determined by examining chevron patterns with a special microscope, but customs officials just seize anything they think looks like ivory. Orchestras have had international tours canceled because the bows of the string section were confiscated at the airport. (My client gave me a old bass bow, for free; it has an ivory screwpiece and is therefore unsellable. I am a bassist and it’s a very good bow, but it would be just as good with a plastic screwpiece.)