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Today in Supreme Court History: June 21

Bivens v. Six Unknown Named Agents, 403 U.S. 388 (decided June 21, 1971): federal officials can be sued for violation of Constitutional rights (just as state officials can be under 42 U.S.C. §1983) (such actions are now called “Bivens” actions) (here, FBI agents conducted improper drug search)


Texas v. Johnson, 491 U.S. 397 (decided June 21, 1989): struck down on First Amendment grounds laws in 48 states banning flag burning as a form of political protest (plaintiff had been prosecuted for flag burning outside the 1984 Republican convention)


Carson v. Makin, 596 U.S. 767 (decided June 21, 2022): if state is giving assistance to private schools (in places where there are no public schools -- this is Maine, “the most rural State in the Union”) it can’t exclude sectarian schools


South Dakota v. Wayfair, Inc., 585 U.S. 162 (decided June 21, 2018): states can collect sales taxes from suppliers who have no physical presence in the state (overruling National Bellas Hess v. Dept. of Revenue of Illinois, 1967, and Quill Corp. v. North Dakota, 1992)


United States v. Taylor, 596 U.S. 845 (decided June 21, 2022): Hobbs Act crime (robbery with interstate component) is not a “crime of violence” as contemplated by the aggravated sentence statute, 18 U.S.C. §924(c) (use of firearm during “crime of violence”) (dissent by Thomas, who notes defendant was one drug dealer pulling a gun on another)


NCAA v. Alston, 594 U.S. 69 (decided June 21, 2021): NCAA’s prohibition on student athletes getting paid violates the Sherman Act; subjecting NCAA to antitrust analysis (unlike major league baseball in Flood v. Kuhn)


Hirabayashi v. United States, 320 U.S. 81 (decided June 21, 1943): upholding curfew on Japanese-Americans living on the West Coast during World War II as use of Congress’s War Power, art. I, §8, cl. 11; Stone’s opinion says that Japanese self-segregate and many are dual citizens of Japan (in 1987 Hirabayashi got his conviction vacated, 828 F.2d 591)


Guinn v. United States, 238 U.S. 347 (decided June 21, 1915): invalidating grandfather clauses exempting white people from written exam which everyone else (i.e., black people) had to pass in order to be allowed to vote (one imagines the written exams disappeared pretty quickly after this decision)


Colgrove v. Battin, 413 U.S. 149 (decided June 21, 1973): civil jury of six jurors instead of twelve does not violate Seventh Amendment (fortunately -- I’m a civil trial lawyer and it takes long enough to pick six)


Florida v. Bostick, 501 U.S. 429 (decided June 21, 1991): police can’t search without a warrant even if person agrees to it after being told he had the right to refuse, if under circumstances person doesn’t feel free to refuse (here, police boarding bus searched passenger’s luggage, found drugs)

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