top of page

Today in Supreme Court History: June 10

Terry v. Ohio, 392 U.S. 1 (decided June 10, 1968): allowed “stop and frisk” without warrant if suspicion of armed and involved in a crime (from whence came the term “Terry stop”) Whren v. United States, 517 U.S. 806 (decided June 10, 1996): any traffic offense (here, speeding when approached by police) is pretext for stopping car (after which police saw two bags of cocaine in front seat) Borden v. United States, 593 U.S. --- (decided June 10, 2021): enhanced sentence under Armed Career Criminal Act provision as to three previous armed felonies not applicable because one of the earlier convictions was based on reckless (not intentional) conduct

City of Chicago v. Morales, 527 U.S. 41 (decided June 10, 1999): Chicago ordinance prohibiting “criminal street gang members” from loitering struck down on due process grounds as too vague and an arbitrary restriction on personal liberties Oxford Health Plans v. Sutter, 569 U.S. 564 (decided June 10,2013): arbitrator had authority under contract to authorize class action of physicians’ claim against health plan for prompt payment; contract gave arbitrator the authority to construe the contract (!) so “arbitrator’s construction holds, however good, bad, or ugly” Ringhiser v. Chesapeake & Ohio Ry. Co., 354 U.S. 901 (decided June 10, 1957): steel plates stacked next to toilet shifted during switching operation and crushed leg of engineer who was “answering call of nature”; jury should be allowed to determine whether the railroad should have known this kind of thing might happen McKune v. Lile, 536 U.S. 24 (decided June 10, 2002): no violation of Fifth Amendment where convicted rapist was threatened with transfer to maximum security prison if he refused therapy, even though counseling was not confidential and statements could be used against him Jenkins v. Anderson, 447 U.S. 231 (decided June 10, 1980): defendant’s silence can be used against him if the silence was pre-arrest, i.e., before Miranda warnings had to be given (here, his defense to murder was self-defense but odd that he never told police that) Standard Stock Food Co. v. Wright, 225 U.S. 540 (decided June 10, 1912): Iowa law requiring listing of certain ingredients on containers of animal feed did not violate Dormant Commerce Clause; this was an inspection law and effect on interstate commerce was “incidental” even though the feed was shipped to Nebraska Chicago, R.I. & P.R. Co. v. Brown, 229 U.S. 317 (decided June 10, 1913): upholding verdict for switchman whose leg was cut off by colliding railroad cars due to defective safety hook (in violation of federal statute); it was not contributory negligence for him to go in between the cars because he had to move quickly to prevent collision (this principle was played for laughs in a much less serious case, Cordas v. Peerless Transp. Co., the most garishly written opinion in history)

Recent Posts

See All

Comments

Rated 0 out of 5 stars.
No ratings yet

Add a rating
bottom of page