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Today in Supreme Court History: February 23

Johnson v. California, 543 U.S. 499 (decided February 23, 2005): unwritten state policy of segregating new double-celled prisoners by race must be examined under “strict scrutiny” (case then settled; prisons are taking a go-slow approach to in-cell integration, I think understandably)


Illinois v. Fisher, 540 U.S. 544 (decided February 23, 2004): prosecution for cocaine possession can proceed despite police disposal of cocaine seized; defendant had been on the lam for 10 years, disposal was per normal procedures, and presence of cocaine at trial was unlikely to be exculpatory (to state the obvious)


Walker v. Martin, 562 U.S. 307 (decided February 23, 2011): Court cannot review state’s dismissal of habeas proceeding; failure to meet state statute of limitations was “independent state ground” for dismissal


Williamson v. Mazda Motor of America, Inc., 562 U.S. 323 (decided February 23, 2011): federal regulation allowing option of simple lap belt (I miss those) vs. lap-and-shoulder belt did not preempt state law claim that fatal accident would have been prevented had manufacturer installed lap-and-shoulder belt


Packer Corp. v. Utah, 285 U.S. 105 (decided February 23, 1932): upholds against discrimination, Dormant Commerce Clause and due process arguments Utah statute prohibiting tobacco advertising on billboards and placards but not in newspapers or magazines (the public can’t avoid seeing billboards, but to see an ad in a newspaper you have to buy it)

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