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Today in Supreme Court History: June 23

Kelo v. City of New London, 545 U.S. 469 (decided June 23, 2005): eminent domain power can be used to condemn homeowners’ property and sell to private nonprofit for office space, parking lots etc. as part of downtown revitalization (I assume the compensation paid to Ms. Kelo and her neighbors was the same as was billed to the New London Development Corporation?)


Mahanoy Area School District v. B.L., 594 U.S. 180 (decided June 23, 2021): First Amendment prohibits school from punishing student for vulgar non-disruptive, off-campus speech (she posted on Snapchat “fuck school fuck softball fuck cheer fuck everything”) (sounds like late-period George Carlin)


South Dakota v. Dole, 483 U.S. 203 (decided June 23, 1987): Tenth Amendment not violated by withholding federal highway funds from states with an under-21 drinking age


United States v. Texas, 599 U.S. 670 (decided June 23, 2023): Texas and Louisiana do not have standing to contest new Biden Administration guidelines for arresting/removing noncitizens (Kavanaugh’s opinion: “The States essentially want the Federal Judiciary to order the Executive Branch to alter its arrest policy so as to make more arrests”)


Grutter v. Bollinger, 539 U.S. 306 (decided June 23, 2003): upholding use of race as a “plus factor” but not a “predominating factor” in law school admission policy


Samia v. United States, 599 U.S. 635 (decided June 23, 2023): Confrontation Clause (Sixth Amendment) not violated by jury hearing confession of co-defendant who refuses to testify, if redacted so as as not to implicate defendant (5 - 4 decision, with everybody apparently agreeing with the premise but not on these facts: the confession was that defendant did the shooting, with co-defendant only driving; redacted to put in words “the other person” for defendant’s name, and Kagan in dissent arguing that the jury could easily figure out who that was)


Nance v. Ward, 597 U.S. 159 (decided June 23, 2022): can challenge lethal injection method of execution (painful in his case because of drug-abuse-compromised veins) even if less painful alternate method is not authorized by state law (he wanted a firing squad) (case is still being litigated in lower courts); 5 - 4 decision


Coinbase, Inc. v. Bielski, 599 U.S. 736 (decided June 23, 2023): 9 U.S.C. §16(a) (allowing interlocutory appeal of order denying motion to compel arbitration) divests the District Court of jurisdiction; can’t allow discovery, etc. to go forward while appeal is decided


New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (decided June 23, 2022): striking down on Second Amendment and Fourteenth Amendment grounds state law requiring “proper cause” requirement for open carry handgun licenses; no “strict” or “intermediate” scrutiny analysis relevant, just showing that restriction would be in conflict with historical tradition (law at issue was from 1911 but Court discounts the 20th century)


Micou v. Nat’l Bank, 104 U.S. 530 (decided June 23, 1881): bankrupt father can pay off his creditor daughters ahead of the bank because not with intent to defraud the bank


P.R. v. Branstead, 483 U.S. 219 (decided June 23, 1987): federal courts can order state governors to extradite (one would think this was obvious in light of the Extradition Clause, art. 4, §2, cl. 2, but the Court had held otherwise in Kentucky v. Dennison, 1860)


Fay v. New York, 332 U.S. 261 (decided June 23, 1947): upholding New York’s use of special (“blue ribbon”) jury (education and morality qualifications) in criminal case involving construction contract extortion despite defendant’s argument that such a jury is more likely to convict (statute allowing special juries was repealed in 1965 -- too bad!)


Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (decided June 23, 1982): Massachusetts statute excluding public from trials of those accused of sexual offenses against minors violated Sixth Amendment right to public trial

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