Today in Supreme Court History: May 20, 1996

5/20/1996: Romer v. Evans is decided.

Comments

[Dan Schiavetta]

Also:

Merck Sharp & Dohme Corp. v. Albrecht, 587 U.S. --- (decided May 20, 2019): drug manufacturer liable under state law failure to warn theory because no "clear evidence" that it notified FDA of risk of side effect (osteoporosis drug carried risk of unusual femoral fracture) or that the FDA then rejected its proposal to add warning to label

Bloom v. Illinois, 391 U.S. 194 (decided May 20, 1968): defendant accused of criminal contempt serious enough to carry a prison sentence (here, submitting a fraudulent will for probate) is entitled to a jury trial

Bruton v. United States, 391 U.S. 123 (decided May 20, 1968): admitting into evidence confession of co-defendant violates Confrontation Clause if in the jury's mind it can prejudice the defendant even though it is not adduced for that purpose

Lucas v. Alexander, 279 U.S. 573 (decided May 20, 1929): no tax on amounts received before the applicable taxing law (Revenue Act of 1918) went into effect

Sontag Chain Stores Co. v. National Nut Co., 310 U.S. 281 (decided May 20, 1940): manufacture and sale of patented machine for enlarged purpose is not patent infringement even after enlarged purpose falls within reissued patent

Schlitz Brewing Co. v. United States, 181 U.S. 584 (decided May 20, 1901): bottled beer is not different enough from barrel beer to entitle bottler to "drawback" (refund of duty paid on imported materials when materials are changed and then exported). (I take exception to this conclusion, but with a cheap beer like Schlitz it hardly matters.)

In re Whittington, 391 U.S. 341 (decided May 20, 1968): judge's determination of juvenile as "delinquent" and therefore commitable to institution vacated and remanded to state court for redetermination with Fourteenth Amendment protections (privilege against self-incrimination, etc.)

Andrews v. United States, 373 U.S. 334 (decided May 20, 1963): a criminal defendant must be allowed to make a statement before being sentenced

[John F. Carr]

How many days of the year are there when the Supreme Court did not issue a decision, ever?

[apedad]

A better question is what days of the year have no professional sports* games scheduled?

* - Big four leagues: MLB, NFL, NBA, NHL

[Dan Schiavetta]

I don't know, but probably it was during the summer intercession.

Josh once posted about a decision on July 4 but it was a typo.

[Dilan Esper]

FWIW, I think Josh's choice of Romer is a good choice here.

But you haven't tried delicious Schlitz beer right out of the barrel!

[Rev. Arthur L. Kirkland]

Schlitz was the top-selling beer in America during much of the 20th century -- and was number one when I was born.

Shoddy management by Schlitz heirs (labor problems, recipe changes, spectacularly bad advertising) enabled Budweiser to overtake Schlitz for good (although nepotism eventually doomed Anheuser-Busch's dominance, too).

Schlitz is still available in many markets -- as a generic liquid with a legacy label, a downscale, outsourced product whose decline is being administered by a sketchy Russian investor with a collection of crippled strays such as Schlitz, Pabst, and Colt 45.

[Rev. Arthur L. Kirkland]

I omitted Stroh from that collection of cats and dogs.

[Dan Schiavetta]

Pabst came back recently with a new recipe, but I remember that the first time I visited Milwaukee in 1981 or so I was surprised to find that it was the best seller there. (Milwaukee!)

Some years before that I sampled all the cheapest beers in my area — Utica Club, Genesee, Carling, Piels — and Pabst was the one I could best deal with. I was single with little $ (and a lot of time on my hands). After that I did a sampling of instant coffees (Savarin won that one).

[apedad]

Aaaahhhh....upstate New York!

My first US Air Force assignment was at Griffiss AFB, in Rome (1981).

We went TDY up to Greenland (Sondrestrom Air Base), one summer and every week they would fly up CASES of Genesee Cream Ale just for us.

[Dan Schiavetta]

I agree, GCA was very good stuff.

[John F. Carr]

July 12, 1969: Zager and Evans hit number one.
https://en.wikipedia.org/wiki/In_the_Year_2525

[wolfefan]

I wish we had an upvote feature.

[DaivdBehar]

Homosexuals are not distracted by family problems. They make superior employees. With their greater wealth they make better consumers. The law privileges superior people. The market would punish anyone foolish enough to exclude them. The real purpose of the law is to generate lawyer make work jobs. Very few are suing to avoid jeopardizing their privileged positions. Sue an employer, you never work again. Who will rent to a litigious tenant? Nobody. Sleep outdoors in that Colorado winter if you sue.

[not guilty]

Romer v. Evans was one of the foundational precedents undergirding Obergefell v. Hodges. What with a majority of SCOTUS having taken Eric Rudolph´s side in the culture wars, how long will it be before Romer´s pronouncement that ¨a bare desire to harm a politically unpopular group cannot constitute a legitimate governmental interest¨ will be revisited?

[DaivdBehar]

Hi, Queenie. I worry about you. Why did you have to change your name? No one gets expelled from Reason.