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Today in Supreme Court History: June 7

Griswold v. Connecticut, 381 U.S. 479 (decided June 7, 1965): Fourteenth Amendment violated by statute outlawing sale of contraceptives; right to privacy makes enumerated rights more secure (Douglas famously holds that Bill of Rights guarantees “have penumbras, formed by emanations from those guarantees that help give them life and substance”)


Cohen v. California, 403 U.S. 15 (decided June 7, 1971): First Amendment protects immature jerkoff’s right to wear “Fuck the Draft” jacket in courthouse (contrast this guy with the brave schoolchildren in Minersville v. Gobitis)


Sanchez v. Mayorkas, 593 U.S. 409 (decided June 7, 2021): El Salvadoran who obtained Temporary Protected Status in 2001 due to conditions in his home country (devastating earthquakes) but who entered this country illegally in 1997 was properly denied green card


Krupski v. Costa Crociere, 560 U.S. 538 (decided June 7, 2010): This case deals with the pesky “relation back” doctrine (here, F.R.C.P. 15(c)), where you can add a party after the statute of limitations has expired if it got notice of the claim via service of a timely-sued party united in interest with it.  The Court holds that the focus is not on plaintiff’s diligence in finally ascertaining the correct party but on the extent of the new party’s timely knowledge of the allegations.  Suit was for injuries on a cruise ship.


Colorado General Assembly v. Salazar, 541 U.S. 1093 (decided June 7, 2004): In 2003 Republicans took over the Colorado legislature and tried to redistrict despite it being done only the year before (it’s supposed to be only once every ten years).  This was rejected by the state Supreme Court.  Here Rehnquist, Scalia and Thomas dissent to the denial of cert, citing the Constitutional guarantee that each state have “a Republican Form of Government” (art. IV, §4) (ha).


National Prohibition Cases, 253 U.S. 350 (decided June 7, 1920): rejects various procedural objections to the adoption of the Eighteenth Amendment: the required vote of both Houses was two-thirds of the quorum, not of the total members; the resolution did not have to say that the Amendment was “necessary”; the Amendment does not depend on Commerce Clause restrictions but is an independent part of the Constitution; it is operative in the territories; etc.


Minn v. Dickerson, 508 U.S. 366 (decided June 7, 1993): during a stop and frisk, police officer was attracted to lump in man’s pants and felt it up; it turned out to be cocaine, but he needed a warrant to do that because he already knew it wasn’t a gun (let the jokes begin)


Republic of Austria v. Altmann, 541 U.S. 677 (decided June 7, 2004): suit can proceed for recovery of paintings taken by Nazis (later discovered in Austrian art gallery) as allowed by Foreign Sovereign Immunities Act even though claim arose before FSIA was enacted in 1976 and even before suit against foreign nations was first allowed by Court in 1952


Savage v. Jones, 225 U.S. 501 (decided June 7, 1912): state law requiring inspection of animal feed is valid exercise of police powers and does not violate Dormant Commerce Clause even though “incidentally affects interstate commerce”


Murphy v. California, 225 U.S. 623 (decided June 7, 1912): local ordinance forbidding pool halls does not violate Equal Protection of pool hall owner and was permissible use of police power despite lack of evidence that it was a corrupting influence, because they’ve got Trouble with a capital T and that rhymes with P and that stands for Pool

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