Today in Supreme Court History: July 6, 1835

7/6/1835: Chief Justice John Marshall dies.

Chief Justice John Marshall

 

Comments

[Dan Schiavetta]

South Dakota v. Opperman, 428 U.S. 364 (decided July 6, 1976): no warrant needed to search car impounded because illegally parked; cars are not "houses" (Fourth Amendment) and diminished expectation of privacy; marijuana found during permissible "inventory"

Chiafalo v. Washington, 591 U.S. --- (decided July 6, 2020): a state can remove a "faithless elector" who does not vote according to the instructions laid down by the state legislature as to how its Electoral College electors are to vote and replace him/her with one who follows the instructions

Barr v. American Ass'n of Political Consultants, 591 U.S. --- (decided July 6, 2020): debt collection exception to "do not call" law (ha!! what the hell happened to that??) did not violate First Amendment as favoring debt collection speech over still-prohibited political (robocall) speech (damn all robocalls to Hell)

Arizona Governing Comm'n for Tax Deferred Annuity Plans v. Norris, 463 U.S. 1073 (decided July 6, 1983): deferred compensation pension plan to state employees did not violate Title VII even though it helped men more (they greatly outnumbered female employees in the early years due to admitted discrimination) but would have to be even handed going forward

Barclay v. Florida, 463 U.S. 939 (decided July 6, 1983): trial judge finding of past record as "aggravating circumstance" justifying execution, improper under Florida law, not reviewable by Court because capital punishment is not unconstitutional

Barefoot v. Estelle, 463 U.S. 880 (decided July 6, 1983): OK to admit psychiatric testimony as to possible future dangerousness when evaluating habeas corpus (the APA opposed such testimony and I can understand why; I used to work in a mental health department and we would hate having to fill out that part of the form -- as the psych on our unit would say, "They think we have a crystal ball!" -- because we'd get blamed if something went wrong -- and the guy who ran the group home some of our clients lived in was the father of one of those killed by a Black Panther Leonard Berntsein held a party for -- look it up) (superseded by Antiterrorism and Effective Death Penalty Act of 1996)

California v. Ramos, 463 U.S. 993 (decided July 5, 1983): jury determining possible life sentence without possibility of parole can be given the "Briggs instruction" (mention that the governor can commute sentence to possibility of parole) even though it more likely results in without-parole sentence

Buffalo Forge Co. v. United Steelworkers, 428 U.S. 397 (decided July 5, 1976): federal court must defer to arbitrator on whether to enjoin a "sympathy strike" (steelworkers supporting clerical workers in same plant) (arbitrator was deciding whether the no-strike clause in steelworker contract had been violated) (in those days when one drove along Route 5 west of Buffalo one could see the fires of mile upon mile of steel plants; within 20 years they were all gone)

[Dan Schiavetta]

Corrections:

Ramos and Buffalo Forge were decided on July 6, not July 5.

[Martinned]

I assume we'll get to hear about those in future years...

[SMP0328]

In Chiafalo, the Court also ruled that a State could fine a faithless elector. Washington State had fined each of its four faithless electors from the 2016 election $1,000.

[Dan Schiavetta]

Thanks

[Martinned]

Why do you hate constitutional rights?

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Carlson Tucker has a different view:

Carlson, who questioned why Crimo didn’t “raise an alarm” on his show, claimed there’s “a lot” of men who look and act like him.

The right-wing commentator blamed social media, porn, video games and drugs for the actions of men accused of mass shootings.

“They are high on government-endorsed weed, ‘smoke some more, it’s good for you...’” Carlson said.

Carlson proceeded to claim that gunmen in massacres think they’ll be “worse” off than their parents.

“And yet the authorities in their lives ― mostly women ― never stops lecturing them about their so-called privilege.”

[Mr. Bumble]

Try NoMoRobo. Free on most land lines, fee for cell phones.

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[Mr. Bumble]

Ann Coulter suggests no gun permits to anyone with face and neck tattoos.

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Why do she hate constitutional rights?