Today in Supreme Court History: July 21, 1824

7/21/1824: Justice Stanley Matthews's birthday.

Justice Stanley Matthews

 

Comments

[Dan Schiavetta]

NCAA v. Board of Regents of University of Oklahoma, 463 U.S. 1311 (decided July 21, 1983): White (a former NCAA star himself) stayed decision against NCAA because certiorari would probably be granted (lower courts had held that arrangement banning televising of teams not selected by networks was illegal price-fixing under antitrust laws); cert was granted but White got pushed back into his own end zone (i.e., the Court affirmed)

Delo v. Blair, 509 U.S. 823 (decided July 21, 1993): stay of execution denied by full Court because facts similar to recently-decided Herrera v. Collins decision (conviction upheld due to uncoerced written confession despite numerous post-trial witness affidavits); Blackmun, Stevens and Souter dissented, as they had in Herrera, basically on the argument that Herrera was wrongly decided

South Park Independent School District v. United States, 453 U.S. 1301 (decided July 21, 1981): Powell turned down stay of desegregation order because facts are similar to recent case where cert was denied, even though he personally would vote to grant cert and had voted to grant cert in the prior case

[Frank Drackman]

Blair was guilty as (redacted)

[F.D. Wolf]

Stanley Matthews was first nominated to the Supreme Court by President Rutherford B. Hayes on January 25, 1881, 37 days before the end of Hayes' presidency. The Senate took no action on the nomination.

On May 14, 1881, Hayes' successor James A. Garfield, re-nominated Matthews, a move that did not sit well with the closely divided Senate. Matthews was controversial for several reasons, perhaps chiefly the view that he was too close to railroad interests. His nomination was reported out of the Judiciary Committee with a negative recommendation. Despite, this, the Senate confirmed Matthews by a vote of 24-23, the only justice to date confirmed by a single vote.

The vote breakdown in the Senate was interesting for the Republican president's nominee. Democrats voted 14-9 in favor of confirmation, while Republicans voted 10-12.

[F.D. Wolf]

CORRECTION: Garfield nominated Matthews on March 14, 1881 (not May 14).

[F.D. Wolf]

Also, the GOP vote was 10-13 (not 10-12). There was also one Independent who voted no, which gets us to 24-23.

(The Independent was former Republican and former Associate Justice, David Davis of Illinois.)

[Dan Schiavetta]

Section 2261 of the Catholic Catechism:

“The deliberate murder of an innocent person is gravely contrary to the dignity of the human being, to the golden rule, and to the holiness of the Creator. The law forbidding it is universally valid: it obliges each and everyone, always and everywhere.”

Scalia again and again followed Church teaching on issues not addressed by the Constitution or case law. As you can see his “Catholicism” was selective.

[Rev. Arthur L. Kirkland]

Former Justice Scalia was a cafeteria Catholic who was a glutton at one end of the table.

[Dan Schiavetta]

Well put, Arthur.

[Frank Drackman]

While we're fat shaming, what's that fat ass Wise Latina's excuse??? and Kagan's no Twiggy herself.

[F.D. Wolf]

A great factor in that particular breakdown was in 1859, as the U.S. Attorney for the Southern District of Ohio, Matthews, though an avowed abolitionist, prosecuted a newspaper editor for harboring runaway slaves in violation of the Fugitive Slave Act.

He, I imagine, would have argued that he was just doing his sworn duty in enforcing the law, but that act would stay with him. He resigned as a U.S. Attorney when the Civil War began, receiving a commission as a lieutenant colonel in the Union Army. In 1862, President Lincoln nominated him to the position of brigadier general, but the Senate tabled the nomination and never voted on it. Again, the aforementioned prosecution was likely a factor in that as well.

[Rev. Arthur L. Kirkland]

What did you expect?

[Frank Drackman]

from a convicted rapist? something bitter and Klinger-ish

[Frank Drackman]

Hey Queenie, I'm an equal opportunity Fatty insulter, that Corpulent Jerry the "Nad" Nadler, Christ, I'm 300lbs AFTER Gastric Bypass Christ-ie, Mike Huckle-bee, hey, at least one thing Somnolent Joe's good at, maintaining a healthy weight.

[Dan Schiavetta]

I keep having to remind myself that in those days Republicans and Democrats as to racial issues were on opposite sides from where they are now.