top of page
Search

Today in Supreme Court History: December 31

  • Dec 31, 2023
  • 1 min read

National League of Cities v. Brennan, 419 U.S. 1321 (decided December 31, 1974): the last two days of 1974 were busy.  On December 30 a three-judge panel heard arguments made by several cities and states that Fair Labor Standards Act amendments setting wage/hour standards for state and municipal employees (set to take effect on January 1) violated the Tenth Amendment.  On December 31 the panel rejected those arguments.  Later that day, “after the close of business”, Burger was presented with a motion by plaintiffs for an interim stay pending cert.  (Also around that hour Douglas, vacationing in the Bahamas with his newest and youngest wife, suffered a debilitating stroke.)  Burger granted the stay; after months of partial awareness Douglas resigned on November 12, 1975; and the Court ended up siding with the cities and states, 429 U.S. 833, 1976.  (My Con Law professor called that holding the “temporary resurrection of the Tenth Amendment”, temporary because it was overruled nine years later by Garcia v. San Antonio.)

 
 
 

Recent Posts

See All
Today in Supreme Court History: February 14

Reynolds v. Atlantic Coast Line R.R. Co. , 336 U.S. 207 (decided February 14, 1949): failure to clear sugar cane plants from railbed (this was Alabama) which required brakeman to cross from caboose to

 
 
 
Today in Supreme Court History: February 13

Strawbridge v. Curtiss , 7 U.S. 267 (decided February 13, 1806): Out of this pedantic seed grew upwards of two hundred years of ridiculously wasteful procedural litigation.  Marshall holds that federa

 
 
 
Today in Supreme Court History: February 12

Chambers v. Florida , 309 U.S. 227 (decided February 12, 1940): black suspects (robbery of white man) kept in jail for six days, denied visitors, and subject to persistent questioning, were denied Due

 
 
 

Comments


Thanks for submitting!

bottom of page