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Today in Supreme Court History: June 19

Mapp v. Ohio, 367 U.S. 643 (decided June 19, 1961): exclusionary rule for evidence obtained in violation of the Fourth Amendment applies to state prosecutions as well as federal (police improperly searching for evidence related to bombing found obscene materials instead; Ms. Mapp, once engaged to the boxer Archie Moore, had what might be called a “colorful” life)


New York v. United States, 505 U.S. 144 (decided June 19, 1992): New York’s Tenth Amendment challenge against the United States (not an original jurisdiction case, probably because two N.Y. counties were co-plaintiffs) dismissed as to federal statute allowing states to receive money to house out-of-state nuclear waste, and to refuse waste that does not meet guidelines, but Tenth Amendment does prohibit requirement that state take title to undisposed internal waste


McWilliams v. Dunn, 582 U.S. 183 (decided June 19, 2017): murder defendant needing mental health expert to evaluate defense (Ake v. Oklahoma) is entitled to someone seriously working on the case, not just psychologist volunteering occasional spare time and not present at sentencing hearing


Matal v. Tam, 582 U.S. 218 (decided June 19, 2017): denial of trademark as “disparaging” for name of Asian band which was an anti-Asian slur (“The Slants”) (the band’s purpose was to “reclaim” the term) was in violation of the First Amendment (I wonder -- if it was a racist white band dressing in “yellowface” which wanted to use the term in the original hateful sense, would the result have been the same?)


Santa Fe Independent School District v. Doe, 530 U.S. 290 (decided June 19, 2000): Establishment Clause prohibited student selected by student council from reciting prayer over public address system before each home football game (suit was brought by Catholic and Mormon parents)


Torcaso v. Watkins, 367 U.S. 488 (decided June 19, 1961): Maryland could not require notary oath to include belief in God


Ziglar v. Abbasi, 582 U.S. 120 (decided June 19, 2017): refuses to extend Bivens remedy to illegal aliens detained after 9/11 attacks and subjected to harsh and abusive conditions (remember this photo https://www.aljazeera.com/news/2023/3/20/reporters-notebook-taking-the-hood-off-20-years-later); confinement was “pursuant to a high-level executive policy created in the wake of a major terrorist attack on American soil” and such suits would need specific Congressional authorization


Flood v. Kuhn, 407 U.S. 258 (decided June 19, 1972): rejected Curt Flood’s antitrust challenge to the reserve clause even though other professional sports are not exempt from antitrust (I remember the New York Times editorial criticizing this decision; it was entitled “Misty-Eyed Justice” and pointed to the flowery paean to baseball in Blackmun’s opinion) (this suit in effect ended Flood’s career; he got the Colin Kaepernick treatment afterwards)


Packingham v. North Carolina, 582 U.S. 98 (decided June 19, 2017): striking down on First Amendment grounds a statute prohibiting convicted sex offenders from using social media which they know include minors as members


Indiana v. Edwards, 554 U.S. 164 (decided June 19, 2008): trial judge properly refused schizophrenic murder defendant’s request to be his own attorney (though he was found competent to testify) and appointed counsel (the judge in the Colin Ferguson trial should have done this)

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