Today in Supreme Court History: June 18

Walker v. Sons of Confederate Veterans, 576 U.S. 200 (decided June 18, 2015): Texas can refuse request to put Confederate battle flag on license plates; it’s “government speech” and government can determine content Allen Bradley Co. v. Local Union No. 3 Teamsters, 325 U.S. 797 (decided June 18, 1945): Sherman Act violated by union and employers working in concert to exclude competition (here, electrical workers and manufacturers excluding out of state manufacturers outside union’s geographical jurisdiction to bargain with) ​ Department of Homeland Security v. Regents of the Univ. of California, 591 U.S. --- (decided June 18, 2020): cancels Trump Administration’s attempt to end DACA program (Obama-era program allowing those who entered United States illegally as children to apply for deferral of removal, work authorization and various other allowances); rescission was done without explanation (e.g., “what if anything to do about the hardship to DACA recipients”) in violation of Administrative Procedure Act ​ Yeager v. United States, 557 U.S. 110 (decided June 18, 2009): acquittal on some counts (wire fraud) precluded retrial on Double Jeopardy grounds even though it was logically inconsistent with the jury failing to reach a verdict on the other counts (insider trading and money laundering) ​ Gross v. FBL Financial Services, Inc., 557 U.S. 167 (decided June 18, 2009): plaintiff alleging age discrimination under ADEA must show but-for causation (i.e., age was the only reason for adverse employment event) instead of mixed-motive causation (e.g., also due to corporate restructuring); 5 - 4 decision Barnes v. United States, 412 U.S. 837 (decided June 18, 1973): jury did not need to be instructed that defendant possessing stolen/forged Treasury checks must have known they were stolen from the mails (an element of the crime) (I learned a new term, or rather an old one -- passing along a forged document, like a check, is called “uttering”) United States v. Helstoski, 442 U.S. 477 (decided June 18, 1979): under Free Speech and Debate clause evidence of what Congressman actually did in Congress in exchange for bribes cannot be introduced (so how can you prosecute someone like Helstoski, who took money from foreign nationals in exchange for introducing private bills allowing them to stay in the country? because of this decision he went free though the charges ended his career) Ohio v. Clark, 576 U.S. 237 (decided June 18, 2015): Confrontation Clause did not require cross-examination of preschooler who told teacher that his bruises were inflicted by defendant Zobrest v. Catalina Foothills School District, 509 U.S. 1 (decided June 18, 1993): Individuals with Disabilities Education Act required school district to provide sign language interpreter for deaf child in Catholic school even though she would be at times relaying religious ideas Torres v. Puerto Rico, 442 U.S. 465 (decided June 18, 1979): warrant needed to search luggage of persons traveling from mainland United States to Puerto Rico just like with intrastate travel