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Today in Supreme Court History: May 26

United States v. Salerno, 481 U.S. 739 (decided May 26, 1987): upholding Constitutionality of Bail Reform Act of 1984 which requires denial of bail if after a hearing the court determines that release would be a danger to the community (traditionally the purpose of bail is only to ensure attendance at hearings and trial)


Kellogg Brown & Root Services v. United States, 575 U.S. 650 (decided May 26, 2015): qui tam (“private attorney general”) action against contractors who allegedly falsely billed the government for logistical services in Iraq was time-barred; Wartime Suspension of Limitations Act applied only to criminal prosecutions, not civil actions


Camreta v. Greene, 563 U.S. 692 (decided May 26, 2011): refusing to entertain social worker’s petition to review holding of Fourth Amendment violation when conducting a warrantless interview with child as to possible sexual abuse because even though the Court can sometimes entertain an appeal by a prevailing party (judgment had been in social worker’s favor due to qualified immunity) the case was moot; the child did not appeal her loss, had grown up and moved across the country


Montejo v. Louisiana, 556 U.S. 778 (decided May 26, 2009):  statements admissible even though defendant was unaware that counsel had already been appointed for him because Miranda warnings were sufficient (overruling Michigan v. Jackson, 1986)


United States v. Classic, 313 U.S. 299 (decided May 26, 1941):  Congress has power to criminalize misconduct in primary elections for Congress (thereby sustaining convictions of election commissioners who switched votes in favor of Hale Boggs).  (I remember him -- this election started his long career.  He disappeared in a plane crash in Alaska just before winning another re-election in 1972.  His daughter, Cokie Roberts, became a Beltway talking head.)


Quill Corp. v. North Dakota, 504 U.S. 298 (decided May 26, 1992): Dormant Commerce Clause prohibits a State from collecting sales or use taxes from out-of-state companies selling to its residents (overruled by South Dakota v. Wayfair, Inc., 2018)


Commil USA v. Cisco Systems, Inc., 575 U.S. 632 (decided May 26, 2015): good-faith belief that there is no valid patent is not a defense to charge of infringement and inducing others to infringe (devices for accessing wireless networks were manufactured and sold by defendant)


United States v. Tinklenberg, 563 U.S. 647 (decided May 26, 2011): time spent on making and getting decision on Government’s pretrial motions does not count toward the 70-day deadline of the Speedy Trial Act of 1974 (18 U.S.C. §3161) even if it doesn’t actually delay trial


Haywood v. Drown, 556 U.S. 729 (decided May 26, 2009): a state cannot close its courts to plenary 42 U.S.C. §1983 lawsuits (striking down New York statute requiring any lawsuit against correctional officers to be brought in Court of Claims, where there is no jury trial, punitive damages, or injunctive relief)


Reagan v. Farmers’ Loan and Trust Co., 154 U.S. 362 (decided May 26, 1894): federal suit against state railroad commissioners for actions undertaken in their official duties (setting rates) was not in violation of Eleventh Amendment because suit was not actually against the state (Texas) but the commissioners and the state statute could be read to allow suit in federal court

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