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Today in Supreme Court History: June 25

Shelby County v. Holder, 570 U.S. 529 (decided June 25, 2013): preclearance provisions of the Voting Rights Act of 1965 can no longer be enforced until Congress comes up with new racial discrimination data (current data was 40 years old) (immediately after this decision came down Republican states formerly under preclearance began enacting voting restrictions)


Engel v. Vitale, 370 U.S. 421 (decided June 25, 1962): prohibits school-led prayer in public schools as violating First Amendment Establishment Clause


Chevron v. NRDC, Inc., 467 U.S. 837 (decided June 25, 1984): the origin of “Chevron deference”; courts must defer to an agency’s “permissible construction” of a statute if Congress has not directly spoken on the issue (here, whether pollutants from different parts of a steelmaking plant are from one “stationary source”)


City of Boerne v. Flores, 521 U.S. 507 (decided June 25, 1997): upholding San Antonio’s refusal on zoning grounds to approve church expansion and declaring Religious Freedom Restoration Act unconstitutional (as applied to the states) because its requirement of “strict scrutiny” of restrictions on religious practice was for the courts, not Congress, to decide; holding was superseded by the thus-far-unabrogated Religious Land Use and Institutionalized Persons Act which is based on Congress’s Spending Clause power


Riley v. California, 573 U.S. 373 (decided June 25, 2014): need warrant to search an arrested person’s cell phone; it’s not a permissible “search incident to arrest”


Georgia v. South Carolina, 497 U.S. 376 (decided June 25, 1990): An original jurisdiction case as to ownership of new islands in the Savannah River created by natural avulsion/accretion; the Court rules for South Carolina as to some matters, and for Georgia in others, based on 1787 treaty, acquiescence in use, and other factors.  Interesting to see the Court get into minute fact-finding as to a few square yards of shoals and islets.  I imagine the issue will have to be revisited as nature continues to sculpt the area.


Department of Homeland Security v. Thuraissigiam, 591 U.S. 103 (decided June 25, 2020): upholds 1996 immigration act’s expedited procedure for removing aliens whose claim for asylum is deemed invalid (e.g., officer’s determination that there is no credible fear of persecution can’t be reviewed) (Sir Lankan crossing border who claimed he had been beaten in his home country); not prohibited by “suspension Clause”, art. I, §9, cl. 2 (Congress can’t suspend habeas except during rebellion or invasion)


Abbott v. Perez, 585 U.S. 579 (decided June 25, 2018): legislative good faith is presumed when redistricting; upholds against Equal Protection attack Texas redistricting except for one district into which Latinos were packed; 5 - 4 decision (in dissent Sotomayor argues that the Court had no jurisdiction to reverse the findings of the three-judge District Court because no specific injunction involved, 28 U.S.C. §1253)


United States v. Alford, 274 U.S. 264 (decided June 25, 1927): upholding conviction for failing to extinguish fire created “near” federal land though not on it; the word “near” in the statute was not too indefinite, given the danger of forest fires spreading to public land


Robinson v. California, 370 U.S. 660 (decided June 25, 1962): striking down on “cruel and unusual punishment” grounds California statute penalizing “being addicted to the use of narcotics” even when one hasn’t used them or possessed them within the state

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