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Today in Supreme Court History: March 19

Austin v. New Hampshire, 420 U.S. 656 (decided March 19, 1975): New Hampshire commuter tax applicable only to out-of-state residents (Maine) violated Privileges & Immunities clause even though Maine gave its residents credit for it


Snyder v. Louisiana, 552 U.S. 472 (decided March 19, 2008): rejecting prosecutor’s bogus reason for peremptory strike of black juror (nervous about effect of jury service on his college grades, but white jurors accepted despite more serious issues) (murder conviction and death sentence vacated and remanded for retrial)


Ohio v. Reiner, 532 U.S. 17 (decided March 19, 2001): contra Donald Trump (“if you’re innocent, why are you taking the Fifth?”), and also the Ohio Supreme Court, upholds Fifth Amendment immunity granted to babysitter in trial of father for shaken-baby murder despite her claim of innocence (defense theory was that she was the true perpetrator and “it was reasonable for her to fear that answers to possible questions might tend to incriminate her”)


Meghrig v. KFC Western, Inc., 516 U.S. 479 (decided March 19, 1996): Resource Conservation and Recovery Act does not provide private cause of action to recover cleanup costs where waste was not present danger to health or safety (statutory phrase is “may present imminent and substantial danger”) (city had ordered KFC to clean up underground petroleum it found when digging up prior gas station; KFC tried to sue gas station owner)


Wayte v. United States, 470 U.S. 598 (decided March 19, 1984): “passive enforcement” of selective service registration law (i.e., prosecuting only those who admitted violation) did not violate First Amendment (defendant, like me, had been ordered to register for the draft in 1980, but unlike me, wrote a letter refusing)


Anderson v. City of Bessemer City, N.C., 470 U.S. 564 (decided March 19, 1985): applies “clearly erroneous” standard to trial court’s finding that plaintiff was denied city recreation director job due to her sex; upholds verdict in her favor (can credit just one witness above all others so long as testimony is plausible)


United States v. Gillock, 445 U.S. 360 (decided March 19, 1980): Speech or Debate privilege (art. I, §6, cl. 1) does not protect state legislators or state legislatures (here, state legislator prosecuted under RICO)


Lascaris v. Shirley, 420 U.S. 730 (decided March 19, 1975): striking New York law which added extra conditions to federal AFDC benefits (requiring that parent assist in compelling other parent to provide support)


United States v. General Dynamics Corp., 415 U.S. 486 (decided March 19, 1974): yes, deep shaft coal mining business which acquired strip-mining business would concentrate the coal business, but other factors would do that too; judgment for defendant affirmed; 5 – 4 decision, dissent by Douglas, https://www.youtube.com/watch?v=Q6Vgs66kRAo


Burns v. Fortson, 410 U.S. 686 (decided March 19, 1973): approves (just barely) Georgia’s 50 day pre-election deadline for registering to vote (except for President and Vice-President), time is necessary to ensure accuracy of voter lists

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