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Today in Supreme Court History: March 2

Gibbons v. Ogden, 22 U.S. 1 (decided March 2, 1824): power of Congress to regulate interstate commerce also includes navigation (this holding became huge as technology advanced; it later was applied to trains, automobiles, radio, etc. — to my mind the 19th century, more than the 20th or any other century, was the most transformative, as to technology and how it changed our lives)


Snyder v. Phelps, 562 U.S. 443 (decided March 2, 2011): odious acts of Westboro Baptist Church (holding signs at burials of servicemen killed in the line of duty saying they were killed by God as punishment for nation’s acceptance of gay rights) did not hinder burial and were protected by First Amendment; dismisses grieving father’s suit for intentional infliction of emotional distress


Clay v. Field, 138 U.S. 464 (decided March 2, 1891): another case holding that pre-Civil War plantation’s value is what it was worth with the use of slaves but not including value of the slaves themselves


Johnson v. United States, 559 U.S. 133 (decided March 2, 2010): after conviction for possession of ammunition, prior state conviction for battery was not predicate for increased sentence under Armed Career Criminal Act; state statute as to battery did not necessarily involve “physical force” as required by ACCA, just “touching”


Peguero v. United States, 526 U.S. 23 (decided March 2, 1999): trial judge must advise convicted felon of his right to appeal sentence but if he knows about this anyway it’s harmless error


Packwood v. Senate Select Committee on Ethics, 510 U.S. 1319 (decided March 2, 1994): Rehnquist rejects Senator Packwood’s argument that his Fourth Amendment right to privacy is violated by Senate Ethics Committee subpoena for his diaries; doubts four Justices would grant cert (though it never got that far; accused of sexual harassment, Packwood resigned)


Voinovich v. Quilter, 507 U.S. 146 (decided March 2, 1993): creation of majority-minority districts did not necessarily violate Voting Rights Act prohibition on vote dilution (Virginia legislature was aiming for 55% black representation in that part of the state)


New York v. O’Neill, 359 U.S. 1 (decided March 2, 1959): Dormant Commerce Clause not violated by statutes in 42 states permitting witnesses to be subpoenaed in criminal cases for testimony out-of-state


United States v. New York, 315 U.S. 510 (decided March 2, 1942): The United States and New York fight over distribution of bankrupt employer’s assets to pay taxes due.  Byrnes talks about “arithmetic” versus “quadratic” formulas for determining setoff (but I don’t see any math in the opinion); holds that unpaid social security taxes (federal) are offset by unemployment fund taxes (state).


Whitfield v. Ohio, 297 U.S. 431 (decided March 2, 1936): Ohio statute prohibiting sale of prison-made goods did not violate Dormant Commerce Clause even though it included prison-made goods from out of state (sale was of “men’s work shirts”)

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