Today in Supreme Court History: June 23, 1987

6/23/1987: South Dakota v. Dole is decided.

Comments

[Dan Schiavetta]

Kelo v. City of New London, 545 U.S. 469 (decided June 23, 2005): eminent domain power can be used to condemn homeowner's property and sell to private nonprofit for office space, parking lots etc. as part of downtown revitalization (I assume the compensation paid to Ms. Kelo and her neighbors was the same as was billed to the New London Development Corporation?)

Mahanoy Area School District v. B.L., 594 U.S. --- (decided June 23, 2021): First Amendment prohibits school from punishing student for vulgar non-disruptive, off-campus speech (she posted on Snapchat “fuck school fuck softball fuck cheer fuck everything") (sounds like late-period George Carlin)

South Dakota v. Dole, 505 U.S. 377 (decided June 23, 1987): Tenth Amendment not violated by withholding federal highway funds from states with an under-21 drinking age

Grutter v. Bollinger, 539 U.S. 306 (decided June 23, 2003): upholding use of race as a "plus factor" but not a "predominating factor" in law school admission policy

Micou v. Nat'l Bank, 104 U.S. 530 (decided June 23, 1881): bankrupt father can pay off his creditor daughters ahead of the bank because no intent to defraud the bank

P.R. v. Branstead, 483 U.S. 219 (decided June 23, 1987): federal courts can order state governors to extradite (one would think this was obvious in light of the Extradition Clause, art. 4, §2, cl. 2, but the Court had held otherwise in Kentucky v. Dennison, 1860)

Fay v. New York, 332 U.S. 261 (decided June 23, 1947): upholding New York's use of special ("blue ribbon") jury (education and morality qualifications) in criminal case involving construction contract extortion despite defendant's argument that such a jury is more likely to convict (statute allowing special juries was repealed in 1965 -- too bad!)

Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (decided June 23, 1982): struck down Massachusetts statute excluding public from trials of those accused of sexual offenses against minors

[apedad]

Yeah, Kelo needs to be highlighted today.

[John F. Carr]

_South Dakota v. Dole_ is much more important. Abuse of eminent domain is not nearly as common as federal funding coercion.

[apedad]

Coercion?!?

Conditions ≠ Coercion

[John F. Carr]

The extradition case is timely. Massachusetts is close to passing a law forbidding extradition for offenses that are not crimes in Massachusetts. Maybe we will get to see (presumed next governor) Maura Healey tossed in jail for contempt, calling herself a martyr all the while.