Today in Supreme Court History: June 20, 1837

6/20/1837: Justice David Josiah Brewer's birthday.

Justice David Josiah Brewer

Comments

[Dan Schiavetta]

Atkins v. Virginia, 536 U.S. 304 (decided June 20, 2002): executing intellectually disabled people (I think that's the term for it now) is cruel and unusual punishment in violation of Eighth Amendment

Smith v. Maryland, 442 U.S. 735 (decided June 20, 1979): attaching an offsite device to record calls from a house (a "pen register") is not a "search" requiring a warrant because the person "voluntarily conveyed numerical information to the telephone company" (that's a stretch, I think)

American Legion v. American Humanist Ass'n, 588 U.S. --- (decided June 20, 2019): large cross in now-busy intersection originally erected to honor World War I veterans could stay where it was without violating First Amendment Establishment Clause

American Electric Power Co. v. Connecticut, 564 U.S. 410 (decided June 20, 2011): common law nuisance suit against power plants by downwind states alleging greenhouse gas emission preempted by Clean Air Act; remanded to determine effect of preemption

Dodd v. United States, 545 U.S. 353 (decided June 20, 2005): statute of limitations to sue for newly recognized right begins to run from date of court ruling recognizing new right, not from when a court declares it has retroactive effect (here, defendant convicted of continuing criminal enterprise cited Richardson v. United States, 1999, which declared for first time that jury must be unanimous on each criminal act, but argued that limitations period began with a 2002 Circuit Court decision declaring Richardson to be retroactive; this argument was rejected)

National Mut. Ins. Co. v. Tidewater Transfer Co., 337 U.S. 582 (decided June 20, 1949): Congress could by statute modify the Constitution's definition of diversity jurisdiction to include suits between D.C. residents and those of other states (instead of just between citizens of different states, which is how the Constitution reads; note that D.C. did not exist in 1787)

Utah v. Strieff, 579 U.S. 232 (decided June 20, 2016): improper search of drug dealer was overlooked, and all evidence found admitted, because it turned out there was a warrant for his arrest anyway

Gregory v. Ashcroft, 501 U.S. 452 (decided June 20, 1991): state judges can be automatically discharged at age 70 even though it's age discrimination (federal age discrimination statute doesn't apply) (did you know that the average age of active federal judges is 68?) (and that's just the active judges -- the average age of the senior judges is 113)

[TTT]

"the average age of the senior judges is 113"

Exactly how many senior judges are over 100?

[Dan Schiavetta]

I've done a breakdown.

76 are from 100 to 105.
63 are from 106 to 110.
110 are from 110 to 115.
103 are from 115 to 120.
43 are from 120 to 125.

The oldest is Harry Benchmore, age 157, appointed by President Taft.

[DaivdBehar]

That's funny. Yhe self dealt immunities of the lawyer profession are not. It is a factor in its stinkiness and failure.

Judges should not be lawyers. Judging should have its own education and locensing procedures, its own liabilities and insurance requirements, and its own licensing oversight. These immunities fully justify violence. Then change the rules against judge investigations, about appeals on errors of law, and have professional standards of due care. Get rid of the priestlu robes, the altar, the standing the sitting, the coats and ties, the stupid ass language. They all look and sound like jerks.like jerks, clowns. They stink.

[bernard11]

Benchmore?

How old is Judge Blackrobe?

[bernard11]

Much easier to just have a list of birthday, day of nomination, and and day of death for all the Justices.

Not much work.

Really contributes a lot to the blog.

[John F. Carr]

_Smith v. Maryland_ was distinguished rather than overruled by _Carpenter v. United States_ (cell phone location data protected), leaving one to wonder where the line is now.