Today in Supreme Court History: July 19, 1949

7/19/1949: Justice Frank Murphy dies.

Justice Frank Murphy

Comments

[Dan Schiavetta]

Rostker v. Goldberg, 448 U.S. 1306 (decided July 19, 1980): does the draft (applicable to males only) discriminate? The District Court said yes and enjoined enforcement. Here, Brennan grants a stay of that order (as to males born in 1960 and 1961), noting the significant questions involved and the likelihood of cert. As it turned out, cert was granted and the Court upheld the males-only draft, with Rehnquist's opining that males and females were not "similarly situated" (453 U.S. 57 (1981)). (For years it was obvious that the Court would hold differently, but what about the current Court?)

Akel v. State of New York, 81 S.Ct. 25 (decided July 19, 1960): Frankfurter denied motion to fix bail in a narcotics conviction, because New York's highest court had denied it and had not certified that a federal issue was involved. (Note his snark toward New York's most prestigious judge: "When a judge as solicitous as is Judge Stanley H. Fuld to safeguard the interests of defendants in criminal cases denies an application for bail pending a proposed petition for certiorari to this Court on a claim of a substantial federal right, one naturally attributes some solid ground for such denial. ")

Owen v. Kennedy, 84 S.Ct. 12 (decided July 19, 1963): Black refusing to stay order requiring Mississippi officials to hand over poll tax records in federal elections under Civil Rights Act of 1960, rejecting arguments as to self-incrimination and due process (prohibition on poll taxes became part of the Constitution the next year)

Aberdeen & Rockfish R. Co. v. Students Challenging Regulatory Agency Procedures (SCRAP), 409 U.S. 1207 (decided July 19, 1972): Burger refused to lift stay of new railroad rates which allegedly would have the effect of reducing incentives to recycle in violation of the National Environmental Policy Act of 1969 (he notes, "Our society and its governmental instrumentalities, having been less than alert to the needs of our environment for generations, have now taken protective steps"); railroads won on full appeal, 412 U.S. 669 (1973)

[John F. Carr]

What became of the Mississippi employees in _Owen v. Kennedy_? Were they incriminated?

[Dan Schiavetta]

I don't know, but in rejecting the Fifth Amendment claim Black noted that government employees can't be incriminated for ministerial acts.

[Michael P]

July 19, 2022: In a favor to left-wing television propagandists, political operatives inside the Department of Justice dismiss charges against people who trespassed in the U. S. Capitol building after being removed earlier in the day. RIP rule of law and equal protection.

[Sarcastr0]

LOL, you and your persecution complex.
I don't think they were hunting the Justices. One clue is the lack of lynching chants.

Television propagandists? Dude, you guys are the ones that thought FOX News was too moderate and tried to spin up OAN.

[F.D. Wolf]

In 1944, Murphy became the first Supreme Court Justice to use the word "racism" in an opinion (1). (In fact, according to Fastcase, this was the first time the word appeared in any reported American judicial opinion. He would use the word in an additional four opinions between 1944 and 1948 before his untimely death in 1949 (2). Murphy doubtless had the horrors of the Nazis in mind (3). The word would not appear again in a Supreme Court opinion until 1966 (4). The word has in total appeared in 120 Supreme Court cases (5).

1. Steele v. Louisville & N.R. Co, 323 U.S. 192, 209 (1944) (Murphy, J., concurring).
2. Korematsu v. United States, 323 U.S. 214, 233 !1944) (Murphy, J., dissenting); Ex parte Endo, 323 U.S. 283, 307 (1944) (Murphy, J., concurring); Duncan v. Kahanamoku, 327 U.S. 304, 334 (1946) (Murphy, J., concurring); Oyama v. California, 332 U.S. 633, 664 (Murphy, J., concurring).
3. Ian F. Haney Lopez, "A Nation of Minorities": Race, Ethnicity, and Reactionary Colorblindness, 59 Stan. L. Rev. 985, 998 (2007).
4. Brown v. Louisiana, 383 U.S. 131, 142 (1966).
5. Fastcase search.

[Dan Schiavetta]

In a note passed to Murphy during the 1944 term, [Justice Felix] Frankfurter listed as among Murphy's clients "'Reds', Whores, Crooks, Indians and all other colored people, Longshoremen, M'tgors [Mortgagors] and other Debtors, R.R. Employees, Pacifists, Traitors, Japs, Women, Children and Most Men." "Must I become a Negro rapist," he complained, "before you give me due process?"

This is from Sidney Fine's biography of Murphy.

[Frank Drackman]

you left out "Murphy did have at least two female companions of note. Ann Parker was frequently seen horseback riding with Murphy in Washington during his tenure as U.S. attorney general, leading to speculation of a romance in the press. At the time of his death, Murphy was engaged to Joan Cuddihy; the wedding was scheduled for the following month.[64]"
BTW, who gives a fuck?

Frank

[Mr. Bumble]

Interesting but how about some context.

[Mr. Bumble]

False equivalence because of the number of people involved or because of the application of the statute involved?

Capitol police recommended a prosecution.

[Mr. Bumble]

Of course, but not for lack of trying. Those who can be in any traced to being present that day are being prosecuted and the search is still ongoing.
The TV crew violated the law and it was recommended that they be prosecuted. They just have friends in high places.

[Mr. Bumble]

should read "in any way traced"

[Dan Schiavetta]

I think so.

[Mr. Bumble]

According to a July 5, 2022 story from Insider at least 876 people have been charged so far (this does not include those being held and not charged). If your number of 2000 is close to accurate that seems like a fairly high percentage.

As for cameras being everywhere why has the government refused to release all but a fraction of the footage, even to defense counsel?

https://www.insider.com/all-the-us-capitol-pro-trump-riot-arrests-charges-names-2021-1

[Frank Drackman]

‘All animals are equal but some animals are more equal than others’.
Hmm Confused (as usual) I thought "The Committee" was going to have some riveting testimony from Steve Banyon?? Almost like they're afraid to let regular peoples see it....

Frank

[David Nieporent]

There are no "those being held and not charged," but you do you.

[Mr. Bumble]

Pretty sure no one in the Texas GOP knows who he is or cares about a SC justice who has bee dead for 72 years.

[Frank Drackman]

Ashli Babbitt was killed without charges, wasn't even trying to pass a counterfeit Jackson like that career criminal Floyd George.

[Frank Drackman]

I agree, Floyd George was committing an aggressive crime, and look at what we did to the cop who was just doing his job.

[Mr. Bumble]

Quite a stretch. Assumes that Murphy was in fact gay and that any position on gays is somehow relevant.

[Rev. Arthur L. Kirkland]

Republican positions on gays are directly relevant to the point that conservatives tend to be multifaceted bigots.

That this right-wing blog is so remarkably male and strikingly white is also a point worthy of consideration.