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Today in Supreme Court History: March 13

Klopfer v. North Carolina, 386 U.S. 213 (decided March 13, 1967): prosecutor can’t say “nolle prosequi” (decide not to go forward) and yet hold the defendant on a long leash; North Carolina nolle prosequi procedure, under which defendant could go where he wants but can’t move to dismiss and is subject to trial at prosecutor’s discretion, violates Sixth Amendment speedy trial right


Clyatt v. United States, 197 U.S. 207 (decided March 13, 1905): conviction for peonage (abducting debtors and forcing them to work off the debt) reversed because no showing that debtors were “returned” to peonage per the indictment (picky, picky); court also affirms that peonage statute is a valid application of Thirteenth Amendment


Fortnightly Corp. v. United Artists Television, Inc., 392 U.S. 390 (decided March 13, 1968): transmitting via cable TV motion pictures was not “performing” them so as to violate Copyright Act (which was then amended to expand definition of “performing”, see American Broadcasting Cos. v. Aereo, Inc., 2014)


FTC v. Jantzen, Inc., 386 U.S. 228 (decided March 13, 1967): Finality Act of 1959 (changing the FTC’s procedures for enforcement of the Clayton Act) did not void existing FTC orders


United States v. Dakota-Montana Oil Co., 288 U.S. 459 (decided March 13, 1933): Congress can be said to approve of an agency’s construction of a statute if it re-enacts the statute without material change (here, basis of an oil depletion allowance)


Texas v. Florida, 306 U.S. 398 (decided March 13, 1939): Texas interpleads three other states to determine which state gets the estate taxes of a man whose domicile might have been in one of four states (dead man was a multimillionaire who lived all over the place); Court confirms Special Master’s conclusion that it was Massachusetts; opinion expounds on the nature of the Court’s original jurisdiction and concludes that it encompasses equitable devices such as interpleader


Affolder v. New York, Chicago & St. Louis R.R. Co., 339 U.S. 96 (decided March 13, 1950): under Federal Safety Appliance Act, railroad is strictly liable for failure of couplers to connect on contact (plaintiff lost his leg falling off car that he was trying to stop due to non-coupling)


Johnson v. Yellow Cab Transit Co., 321 U.S. 383 (decided March 13, 1944): on a military reservation (Fort Sill) United States law applied, not Oklahoma law prohibiting transportation into state of liquor without a license (Court orders return to Officers’ Club of liquors shipped in from Illinois)


Hipolite Egg Co. v. United States, 220 U.S. 45 (decided March 13, 1911): federal court has jurisdiction over seizing adulterated food after it has reached its destination in-state (here, cans of “preserved eggs” used for baking which were found to be tainted with boric acid — a sign that cockroaches were around during preparation, if you ask me!)


United States v. Post, 148 U.S. 124 (decided March 13, 1893): law limiting letter carriers to eight hours a day included non-letter-carrying time (e.g., other tasks around the post office)

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