Today in Supreme Court History: May 24

In re Shipp, 214 U.S. 386 (verdict rendered May 24, 1909): Only once has there been a criminal trial in the Supreme Court and this was it. The Court had stayed proceedings as to a jailed black murder defendant until appeals could be heard. The defendants, nine local law enforcement personnel, had violated the Court’s order by letting (or helping) a mob carry off the prisoner and lynch him. So the trial for contempt was properly in the court which had issued the stay order -- the Supreme Court. (Though actually evidence was heard by a special master -- good! most Justices should not be entrusted with a trial). The verdict is a long decision reciting all the evidence and finding some of the contemnors guilty. Bob Jones University v. United States, 461 U.S. 574 (decided May 24, 1983): revocation of tax exemption of private university which based on its interpretation of the Bible prohibited interracial dating/marriage did not violate First Amendment freedom of religion (coincidentally or not, 1983 was the last year this white man had a white girlfriend) Guam v. United States, 593 U.S. --- (decided May 24, 2021): Guam cannot recover toxic cleanup costs from U.S. because cleanup was not a specific CERCLA (“Superfund”) cleanup such as the statute allowing recoupment requires ​ Blueford v. Arkansas, 566 U.S. 599 (decided May 24, 2012): no Double Jeopardy bar to retrial on all charges, even though foreperson in first trial reported that though hung on manslaughter charge the jury had voted to acquit on murder charge ​ United States v. O’Brien, 560 U.S. 218 (decided May 24, 2010): fact that weapon used in crime of violence was a machine gun (18 U.S.C. §924(c)(1)(B)(ii)) was an element of the crime (beyond reasonable doubt) and not a sentencing factor (preponderance of evidence) Wilson v. Layne, 526 U.S. 603 (decided May 24, 1999): allowing reporters to “ride along” with a warrant-based search violates the Fourth Amendment, though in that case excused due to unsettled law at the time (and the photos taken were never published) Merchants’ and Manufacturers’ Bank v. Pennsylvania, 167 U.S. 461 (decided May 24, 1897): deferring to Pennsylvania Supreme Court’s holding that State taxation of national banks as well as in-state banks did not violate Equal Protection even thought the effects were different Sutherland v. Mayer, 271 U.S. 272 (decided May 24, 1926): no favorable treatment to either side in divvying up distribution of German-American business partnership dissolved by 1917 Declaration of War; postwar German hyperinflation ignored in valuation Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, 425 U.S. 748 (decided May 24, 1976): statute prohibiting pharmacists from advertising drug prices violated First Amendment Nelson v. Campbell, 541 U.S. 637 (decided May 24, 2004): condemned man informed on eve of lethal injection execution that his drug-abuse-compromised vein would be accessed an hour before execution by a 2-inch cut and catheterization without physician present could file suit under 42 U.S.C. §1983; habeas corpus not available because not challenging fact of his imprisonment or the sentence imposed (unanimous decision!) (note: Nelson died of unrelated causes in the prison infirmary in 2009)