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Today in Supreme Court History: June 6

Gonzalez v. Raich, 545 U.S. 1 (decided June 6, 2005): Commerce Clause allows Congress to criminalize home grown cannabis even if state allows it for medicinal use; “might” be used in interstate commerce or be part of interstate market (Wickard v. Fillburn lives!)


Monell v. Dep’t of Social Services, 436 U.S. 658 (decided June 6, 1978): §1983 suits can be brought against municipalities but only for policies (not acts) that discriminate (here, New York City policy forcing female teachers to take unpaid maternity leave even while still able to work)

Ross v. Blake, 578 U.S. 632 (decided June 6, 2016): prisoner assaulted by guard is required by the strict language of the Prison Litigation Reform Act to exhaust administrative remedies before bringing 42 U.S.C. §1983 suit though not if remedies are unavailable


McIntyre v. Ohio Elections Comm’n, 514 U.S. 334 (decided June 6, 1995): Ohio statute forbidding anonymous campaign literature being handed out on political questions (here, leaflets to parents as to proposed school tax) invalidated under First Amendment (would Ohio have banned all those anonymous handbills that went around during the Constitution ratification debate?)


Scarborough v. United States, 431 U.S. 563 (decided June 6, 1977): Congress had Commerce Clause authority to criminalize firearms possession by felon (predicate felony was drug possession) despite fact that firearms were possessed before the drug offense and no contemporaneous nexus between their being in interstate commerce and drug possession


Southwest Airlines Co. v. Saxon, 596 U.S. 450 (decided June 6, 2022): person working cargo ramps at airport falls within Federal Arbitration Act exemption for those working in interstate transportation and therefore not bound by arbitration clause (class action wage claim can proceed) (as a double bassist let me say that Southwest Airlines is the preferred airline for transporting our instruments; they are not freaked out by those coffin-sized travel cases)


Sheppard v. Maxwell, 384 U.S. 333 (decided June 6, 1966): conviction after well publicized murder trial vacated because judge took no steps to minimize effect of publicity on jurors (did not exclude media, did not sequester jurors)


Gallardo v. Marstiller, 596 U.S. 420 (decided June 6, 2022): I was recently asked to talk about this case in an unavoidably boring presentation on settling liens in personal injury cases.  Here, the Court holds that 42 U.S.C. §1396k(a)(1)(A) allows Medicaid to recoup part of settlement ascribable to claimed future medical costs (i.e., costs it hasn’t actually incurred and may never incur).


Alabama Power Co. v. Davis, 431 U.S. 581 (decided June 6, 1977): pension must credit time spent in World War II military service (citing Military Selective Service Act) because “reasonable certainty” shown that claimant would have continued working for same employer during that time (he went right back to them after war was over)


Pickett v. Brown, 462 U.S. 1 (decided June 6, 1983): Tennessee law providing that any action to establish paternity be brought within two years of birth violated child’s Equal Protection right due to practical burdens of mother suing within that time (such as finding the father)

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