Mistretta v. United States, 488 U.S. 361 (decided January 18, 1989): The Sentencing Reform Act of 1984 created the Sentencing Commission (appointed by the President w/Senate approval, three of seven members being federal judges) which sets binding guidelines. Here the Court holds that this arrangement does not violate separation of powers nor is an excessive delegation of authority by Congress. (I’m puzzled by the phrase, “Congress decided to locate this Commission in the Judicial Branch”, which is also what the official site says, http://www.ussc.gov. What does that mean exactly? The Chief Justice is the head of the Judicial Branch and the Commission doesn’t report to him. It seems to be Executive Branch, no matter what anyone says.)
Golan v. Harper, 565 U.S. 302 (decided January 18, 2012): Copyright Clause allows Congress to give copyright protection to works formerly in public domain (as part of a reciprocity arrangement; these works enjoyed copyright protection in their countries of origin) (suit was brought by conductors, orchestras, publishers) (my cash-poor amateur orchestra is forced to play only old works because only they can be downloaded free)
Missouri v. Iowa, 165 U.S. 118 (decided January 18, 1897): Boundary between Iowa and Missouri had to be redrawn because the original markers couldn’t be located. One had been described as being between two trees (an oak and an elm) which had fallen. A long report from the special master showing efforts to find markers from 1850 and interpret mysterious “blaze” marks left on trees, which are reprinted in the decision. (Someone mischievously inclined could have put in false markers misleading the field investigators so that the border, instead of being a straight line, formed a profile of a naked woman lying on her back, with breasts extending north to Bloomfield, Iowa and knees poking up to Mt. Ayr, butt curving down to Mercer, Mo.; depicting a naked man would be a little simpler.)
Moyer v. Peabody, 212 U.S. 78 (decided January 18, 1909): In 1903 the Governor of Colorado called out the National Guard to break a miner’s strike and arrested Moyer on the basis of “military necessity”. Here the Court affirms dismissal of Moyer’s suit, holding that that the Governor’s claim of “insurrection” cannot be questioned and Moyer had no redress in the judicial system against a use of police powers. (In other words, Moyer would have to resort to violence . . . )
Maples v. Thomas, 565 U.S. 266 (decided January 18, 2012): habeas allowed despite blowing deadline on state court appeal where attorney flew the coop without informing defendant
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