Today in Supreme Court History: May 27

Schechter Poultry Corp. v. United States, 295 U.S. 495 (decided May 27, 1935) (the “sick chicken case”): invalidated many provisions of National Industrial Recovery Act (which allowed Executive Branch to issue regulations as to sale of chickens, and as to wages, prices) as improper delegation of Congressional power, and outside Congress’s authority anyway because Commerce Clause power did not extend to effects on interstate commerce which were only indirect ​ San Antonio v. Hotels.com, LP, 593 U.S. --- (decided May 27, 2021): FRAP 39(e), entitled “costs on appeal taxable in the District Court”, refers only to the location of the entry of costs and does not allow the District Court to change the determination of the Circuit Court as to costs on appeal made pursuant to 39(a) ​ SEC v. W.J. Howey Co., 328 U.S. 293 (decided May 27, 1946): an offering of units of a citrus grove development was an “investment contract” under the Securities Act of 1933 and therefore had to be registered as a security ​ United States v. Schwimmer, 279 U.S. 644 (decided May 27, 1929): pacifist denied citizenship because during interview she refused to promise to take up arms in defense of the United States (not that, as a female, she would ever be required to!) ​ Plumhoff v. Rickard, 572 U.S. 765 (decided May 27, 2014): not unreasonable and not use of “excessive force” to shoot into vehicle during dangerous high-speed chase (over 100 mph); qualified immunity in §1983 suit ​ Humphrey’s Executor v. United States, 295 U.S. 602 (decided May 27, 1935): commissioners with quasi-judicial-legislative (as opposed to executive) functions (like the FTC) can be removed by the President only for the reasons cited in the enabling act (such as “inefficiency, neglect of duty, or malfeasance” in the FTC Act) ​ Green v. School Board of New Kent County, Va., 391 U.S. 430 (decided May 27, 1968): allowing students to choose the “white school” or the “black school” was in violation of Brown because black students in the previously all-white school were harassed and there was no integration as to 1) faculty, 2) staff, 3) transportation, 4) extracurricular activities or 5) facilities. ​ Hall v. Florida, 572 U.S. 701 (decided May 27, 2014): IQ is not sole factor of intellectual disability; striking down on Eighth Amendment grounds Florida rule that once IQ is found to be more than 70 no further exploration of lack of capacity defense is permitted ​ Downes v. Bidwell, 182 U.S. 244 (decided May 27, 1901): goods from territories (oranges from Puerto Rico) were “imports” subject to duty charges because Congress can create revenue laws specific to territories (despite art. I, §8 which requires all duties to be uniform throughout the U.S.) ​ United States v. Causby, 328 U.S. 256 (decided May 27, 1946): disruptive use of airspace over property (Army planes coming off abutting airstrip which panicked and killed farmer’s chickens) was a compensable “taking” under the Fifth Amendment. (My grandparents lived across the street from a defense plant runway and the noise of fighter planes seeming to almost touch the chimney used to scare us; as we got older we got used to it.)