Today in Supreme Court History: May 11, 1942

5/11/1942: Gordon Hirabayashi "failed to report to the Civil Control Station within the designated area." The Supreme Court upheld the constitutionality of his conviction in Hirabayashi v. U.S. (1943).

Gordon Hirabayashi

Comments

[Dan Schiavetta]

Smith v. Texas, 233 U.S. 630 (decided May 11, 1914): Texas statute restricting employment as a conductor to those who have already been conductors or brakemen for two years violates equal protection because it arbitrarily (and admittedly) excluded qualified applicants

Reeves v. Beardall, 316 U.S. 283 (decided May 11, 1942): resolving a split in the circuits: claim as to promissory note arose from different transaction from claim for breach of contract; dismissal acted as appealable final judgment despite survival of contract claim (superseded by 1946 amendment to FRCP 54(b))

Gompers v. United States, 233 U.S. 604 (decided May 11, 1914): contempt proceeding against union for disobeying order to not boycott or urge of boycott of stove making business dismissed because brought after 3-year limitations period

Hardin v. Jordan, 140 U.S. 371 (decided May 11, 1891): ambiguities in language of federal grants of land are to be construed according to the law of the state where the land (here actually, a lake) is located

Marsh v. Nichols, Shepard & Co., 140 U.S. 344 (decided May 11, 1891): no federal court Patent Power jurisdiction because agreement over transfer and use of prospective patent was question of state contract law

Sioux Tribe of Indians v. United States, 316 U.S. 317 (decided May 11, 1942): tribe not entitled to compensation when federal government took back lands it had given to the tribe 16 years before

Delo v. Stokes, 495 U.S. 320 (decided May 11, 1990): stay of execution on second or successive habeas petition should be granted only when there are "substantial grounds" for the petition (this one was the fourth and stay was denied)

Olden v. Kentucky, 488 U.S. 227 (decided May 11, 1988): Kentucky "rape shield law" violated Confrontation Clause by prohibiting cross-examination of alleged sexual assault victim whom defendant wanted to show had a live in boyfriend whose wrath she feared if she told the truth about sex with defendant being consensual

[John F. Carr]

It would be a shame to disrespect stare decisis, though.

[Dan Schiavetta]

The 9th Circuit vacated the conviction in 1987, but not being contested, it never got to the Supreme Court. Which raises an interesting point: if something is agreed by all to be the law, there's probably no court-of-last-resort decision on it, because it never got litigated.