Today in Supreme Court History: May 18, 1896

5/18/1896: Plessy v. Ferguson decided.

Comments

[apedad]

We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it. The argument necessarily assumes ... that social prejudices may be overcome by legislation, and that equal rights cannot be secured to the negro except by an enforced commingling of the two races. We cannot accept this proposition. If the two races are to meet upon terms of social equality, it must be the result of natural affinities, a mutual appreciation of each other's merits, and a voluntary consent of individuals. (From Brown's majority opinion in Plessy v. Ferguson, 163 U.S. 537, 551 (1896))

". . . a voluntary consent of individuals."

Oooof....

No, we don't get to pick who our neighbors, schoolmates, coworkers, and customers are.

You can leave if you don't like them but no one has a built-in veto over another.

[Dan Schiavetta]

Harlan's dissent makes a mention of how the white race will always be superior. My Con Law professor said this demonstrated that Harlan was racist, though to most of us it just seemed like he was trying to assuage people after shocking them with the idea of integration.

[apedad]

And just in case anyone thinks this is an old problem from previous centuries.....

‘Blacks only,’ ‘whites only’ signs posted on Colerain HS water fountains, parents say

Signs appeared on the water fountains at Colerain High School recently appearing to segregate the water fountains along racial lines, according to parents of students at the school.

School officials confirm the signs were posted May 5 (2022).

The spokesperson claims the students involved have been issued “significant” disciplinary actions.

https://www.cleveland19.com/2022/05/17/blacks-only-whites-only-signs-posted-colerain-hs-water-fountains-parents-say/

[Dan Schiavetta]

True story:

Some years ago in the college copy room recycling bins for paper had labels saying "White" and "Colored". Innocent, because white paper had to be recycled differently from colored. Needless to say the signs had to be rephrased.

[Cal Cetín]

"No, we don't get to pick who our neighbors, schoolmates, coworkers, and customers are."

Do "we" choose to live in particular neighborhoods? Do "we" put up "no shoes, no shirt, no service" signs on "our" businesses?

[Dan Schiavetta]

Plessy v. Ferguson, 163 U.S. 537, decided May 18, 1896, as Josh noted

Also:

Comptroller of Treasury of Maryland v. Wynne, 575 U.S. 242 (decided May 18, 2015): Maryland must allow its taxpayers a credit for income tax paid to other states; otherwise it creates inter-state protectionism in violation of "Dormant Commerce Clause"

Bousley v. United States, 524 U.S. 614 (decided May 18, 1998): defendant can take advantage of post-conviction change in law (Bailey v. United States, 1995, holding that possession of firearm is not an aggravating element under drug trafficking statute if firearm is unrelated to the trafficking)

Ashcroft v. Iqbal, 556 U.S. 662 (decided May 18, 2009): plaintiff's suit for governmental misconduct (that Bush Administration officials condoned post-9/11 discrimination against Muslims by detaining them without evidence) dismissed because no specific acts alleged

St. Louis I.M.&S.R. Co. v. Taylor, 210 U.S. 281 (decided May 18, 1908): it is not an unconstitutional delegation of Congressional power for the Interstate Commerce Commission (remember them? the first regulatory agency!) to set standards for height of railroad couplings

Talton v. Mayes, 163 U.S. 376 (decided May 18, 1896): Fifth Amendment protections do not apply to Native American tried and sentenced to be hanged by tribal court

Flynt v. Ohio, 451 U.S. 619 (decided May 18, 1981): Supreme Court can't review nonfinal State Supreme Court decisions (here, an obscenity prosecution where the Ohio Supreme Court had dismissed a defense of selective prosecution) where no federal policy is undermined by letting the litigation continue to final judgment

Dick v. New York Life Ins., 359 U.S. 437 (decided May 18, 1959): in a diversity case involving a life insurance policy, jury should have been allowed to determine whether death by gunshot was accidental or suicide; under North Dakota law death is presumed accidental and evidence of suicidal intent was not conclusive (the opinion has a lot of detail about prairie farm life in 1955, making sausages, softening corn in bathtubs, etc.)

McCaughn v. Hershey Chocolate Co., 283 U.S. 488 (decided May 18, 1931): Hershey Co. entitled to recover tax payments because chocolate was excluded from definition of taxable "candy"

[mtkesq]

Are any of those in Josh Blackman’s overpriced compilation album? If not, they might as well not exist.

[Dilan Esper]

You've got an argument that in 2022, Iqbal, rather than Plessy, is the most important case decided on this date.

But I don't mind Blackman choosing Plessy either- it's obviously a super-important case.

[Dan Schiavetta]

Not sure I agree -- I'm eating chocolate right now (McCaughn).

[Dilan Esper]

Hopefully it was tax free chocolate.

[Dan Schiavetta]

One assumes they plugged that loophole in the tax law.

[Syd Henderson]

I like yesterday's case better.

[Frank Drackman]

Too bad someone on the Warren Court didn't leak a "Draft" Opinion a few months early, could have prevented alot of trouble down the line....

Frank "Yay State Decisis!!"