Today in Supreme Court History: June 5, 1916

6/5/1916: Justice Louis Brandeis takes the oath.

Justice Louis Brandeis

Comments

[Dan Schiavetta]

Coleman v. Miller, 307 U.S. 433 (decided June 5, 1939): there is no time limit on states ratifying proposed Constitutional Amendments (here, a Child Labor Amendment) unless Congress has set a deadline

Henderson v. United States, 339 U.S. 816 (decided June 5, 1950): segregated dining cars in trains (different tables, with partition) violated Interstate Commerce Act (plaintiff had been told to take dinner in his cabin because the "reserved for blacks" tables were partly occupied by whites)

Hernandez v. Commissoner, 490 U.S. 680 (decided June 5, 1989): payments to Church of Scientology for training sessions are not deductible "charitable contributions" because services were received ("quid pro quo")

Honeycutt v. United States, 581 U.S. --- (decided June 5, 2017): brother who was co-conspirator in selling huge quantities of iodine crystals which they should have known were used to make meth not jointly liable for forfeiture of profits gained from sales because he had no ownership interest in the hardware store and received no direct income from them

United States v. Jin Fuey Moy, 241 U.S. 394 (decided June 5, 1916): statute imposing registration and tax requirement on prescription of opium did not apply to defendant who was not among class of persons required to register

Cubbins v. Mississippi River Comm'n, 241 U.S. 351 (decided June 5, 1916): suit against commission for damages as to flooding of riverside property caused by construction of levees dismissed as barred by sovereign immunity (of the United States) which had created the commission

Stump v. Sparkman, 435 U.S. 349 (decided June 5, 1978): dismissing suit against judge who granted mother's petition to have her daughter's tubes tied and she underwent procedure being told it was an appendectomy; judge committed "grave procedural error" but was immune from suit because he did have jurisdiction over the petition

Troxel v. Granville, 530 U.S. 57 (decided June 5, 2000): State of Washington statute allowing "any person" to petition for visitation rights "at any time" without showing of parental malfeasance interfered with parent's Due Process right to raise child (grandparents wanted to visit their deceased son's children -- he had died by suicide -- but the mother wanted only "one short visit" per month -- there's more to this story!)

[Rev. Arthur L. Kirkland]

Have Profs. Barnett and Blackman no shame, no self-esteem, no sense of academic pride?

captcrisis demonstrates daily the deficiencies of Today In Supreme Court History -- problems a second-year research assistant could handle (perhaps not as deftly as captcrisis, but adequately) with about three hours of work each week.

The Volokh Conspiratacy nevertheless continue to roll out the same tired, often inaccurate, sometimes embarrassingly bad content.

I doubt Georgetown enjoys this, its franchise diminished by association with substandard work. I hope Georgetown learns the obvious lesson from this experience. (Spoiler: Hire fewer at-the-fringe movement conservatives.)

Carry on, clingers.

[DaivdBehar]

Rev, that sounds really stupid. You need to STFU.

[DaivdBehar]

Rev, aren't you a lawyer? That makes you stupider than a kid in Life Skills Class learning to eat with a spoon. Nothing is stupider than a lawyer. The only reason you are making $trillion a year is you have men with guns to collect it.

[DaivdBehar]

Rev, you forgot to mention the religion of the Supreme Court Justice, you vile Jew hater.

[Frank Drackman]

"Reverend" Kirtland,
Please perform an Emergency Bung-hole Check, from your apparent irritation on a beautiful Sonntag Morgen, (Where my Auburn Tigers get the pleasure of beating either UCLA (HT J. Morrison) or FSU (HT J. Morrison) to make the NCAA Super Regionals next weekend...
Hey, I do Bung-hole Checks all the time, nothing worse than to get in the OR and realize you didn't wipe sufficiently, Oh, you can still do it in the OR, ("need to check the Foley for Urine Output, Oops, spilled a little, let me get some 4x4's")
(But) Seriously (Folks) I've saved peoples lives with my (gloved) hands, hey, it's part of the job, (and a Horse with ungloved hands, long story), have you done anymore than get some John out of a Soliciting Rap?

Not a Lawyer, wouldn't know Brandice from Cosmo Kramer (is there a resemblance? or is it my Glaucoma Medication) But he's got that Belushi thing going on with the Left Eyebrow (it's a Hereditary thang, like being able to roll your R's)

Frank "I liked Klinger, he wasn't an A-hole like that "Trapper John"(TV Version, Eliot Gould was my hero in the original Movie )

[DaivdBehar]

Frank. Too much info about what goes on in surgery. Yes, we need a plumber when the sewer is backing up. Prefer to not hear about the challenges he faced opening up the clog under the street.