Today in Supreme Court History: October 23, 1991

10/23/1991: Justice Clarence Thomas takes oath.

Justice Clarence Thomas

Comments

[Dan Schiavetta]

INS v. Hibi, 414 U.S. 5 (decided October 23, 1973): application for citizenship by Philippines-born veteran who fought there and was imprisoned there by the Japanese denied because the Nationality Act of 1940, which made citizenship available for any non-citizen who served honorably in World War II, set a deadline of 12/31/46 for applications, even though Nationality Act provisions were never publicized in the Philippines and there was no office there where one could apply (Hibi didn't apply for citizenship until he moved to the United States in 1964); no equitable tolling because no "affirmative misconduct" by Government (Douglas, Brennan and Marshall dissent)

Beecher v. Alabama, 389 U.S. 35 (decided October 23, 1967): confession by black defendant as rape-murder of white woman when in hospital recovering from police gunshot wounds and under the influence of painkillers was not voluntarily made (defendant had already made a confession, but it was at gunpoint at the scene)

Bacon v. Rives, 106 U.S. 99 (decided October 23, 1882): diversity jurisdiction exists where "real party in interest" defendant (executor who made off with estate funds) is out of state even when nominal defendants (co-executors who had an interest in the dispute) are in-state

[John F. Carr]

Interesting that "real party in interest" was a thing back in 1882. I thought that concept was introduced with the new rules of civil procedure in the 20th century.

[Dan Schiavetta]

The phrase is my own. I should not have put it in quotes. Though in other cases the Court used the phrase as early as 1823 (Childress v. Emory, 21 U.S. 642).

[The Margrave of Azilia]

"the Nationality Act of 1940, which made citizenship available for any non-citizen who served honorably in World War II"

In 1940, the U. S. government was not officially committed to getting into WWII, so I would imagine the law wasn't phrased that specifically.

[Dan Schiavetta]

It was actually the "Nationality Act of 1940 (as amended)"