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Today in Supreme Court History: May 29

Ledbetter v. Goodyear, 550 U.S. 618 (decided May 29, 2007): Title VII lawsuit as to sexual discrimination in employment (after 18 years plaintiff found that she was getting paid less than newly hired men in the same division) must be brought according to statutory language within 180 days of the act of unequal payment whether or not she knows about it (and of course she wouldn’t, unless she has a way to access the company’s payroll files every six months) (wording of statute changed to fix this result in January 2009 by the Ledbetter Fair Pay Act, the first bill signed into law by Obama)


Collins v. Virginia, 584 U.S. 586 (decided May 29, 2018): police needed warrant to enter driveway and inspect stolen vehicle that was under a tarp, even though its shape was visible from the street and was parked in the same position as in photo of the (uncovered) stolen vehicle on defendant’s Facebook page


Lagos v. United States, 584 U.S. 577 (decided May 29, 2018): lender defrauded by Mr. Lagos not entitled after guilty plea to reimbursement of its private investigation expenses ($5 million) under Mandatory Victims Restitution Act provision which provides only for out-of-pocket expenses incurred in participating in government prosecutions (for example, child care, lost pay, train fare, etc.)


PGA Tour, Inc. v. Martin, 532 U.S. 661 (decided May 29, 2001): ADA required professional golfer with circulatory condition (?? how could he play a round of golf?) to be allowed to use golf cart because golf course was “public accommodation” (Scalia’s dissent as to “this incredibly silly question” and “Platonic golf” is pretty funny)


Grady v. Corbin, 495 U.S. 508 (decided May 29, 1990): Double Jeopardy clause precluded prosecution for homicide after defendant pleaded guilty to DUI because arose out of the same conduct (Brennan and Marshall retired, and this was quickly overruled by United States v. Dixon, 1993; now Double Jeopardy protection applies only if the elements charged are the same)


NLRB v. Kentucky River Community Care, 532 U.S. 706 (decided May 29, 2001): nurse supervisors were not “employees” entitled to be included in collective bargaining because they exercise “independent judgment . . . in the interest of the employer” as defined in the National Labor Relations Act though (exercising Chevron deference) affirms NLRB rule that employer has burden of showing supervisor status


United States v. Southern Pacific Co., 259 U.S. 214 (decided May 29, 1922): voiding merger of railroads under Sherman Act; effect was to “materially reduce the free and normal flow of competition in the channels of interstate trade” (even though buyer had propped up seller by guaranteeing notes to the United States)


Bean v. Morris, 221 U.S. 485 (decided May 29, 1911): dispute between users of river that flowed from Montana to Wyoming and back again would be decided by common law as if there were no state boundaries


Coyle v. Smith, 221 U.S. 559 (decided May 29, 1911): Oklahoma legislature could change capital from Guthrie to Oklahoma City in a manner different from that specified by Congress in the Act admitting the state to the Union (suit was brought by Guthrie businessmen)


Columbia Broadcasting System v. Democratic Nat’l Committee, 412 U.S. 94 (decided May 29, 1973): radio station’s flat ban on political viewpoint ads did not violate First Amendment or Fairness Doctrine (since abolished) and did not violate “public interest” obligation placed on network by FCC (at issue were anti-Vietnam War ads by a private business group and Democratic National Committee ads expressing Party views and asking for funds)

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