Today in Supreme Court History: November 3, 1845

11/3/1845: Chief Justice Edward Douglass White's birthday.

Chief Justice Edward Douglass White

Comments

[Dan Schiavetta]

Elk v. Wilkins, 112 U.S. 94 (decided November 3, 1884): Native American born on reservation is not a citizen and therefore cannot vote even though he moved off reservation, renounced his tribal affiliation, and claimed birthright citizenship under Fourteenth Amendment (holding was abrogated by Indian Citizenship Act of 1924)

Mitchell v. Esparza, 540 U.S. 12 (decided November 3, 2003): Ohio court held that aggravated murder defendant's omission from indictment as a "principal offender" was harmless error; the Court holds that this was not "contrary to clearly established federal law" and therefore no right to seek habeas

Rose v. Arkansas State Police, 479 U.S. 1 (decided November 3, 1986): strikes down on Supremacy Clause grounds Arkansas workers' compensation statute allowing benefits payable to policeman's widow under federal Public Safety Officers' Death Benefits Act to be subtracted from workers' compensation benefits due her

[Rev. Arthur L. Kirkland]

If you thought Profs. Blackman and Barnett would mention a Supreme Court decision rather than celebrate the birthday of someone who fought for the Confederacy; was born to a slaveholding, plantation-owning, southern family; and was a member of the Ku Klux Klan . . .

[Stuart]

I think maybe you have the two Justice Whites confused. If Edward Douglass White helped decide HEART OF ATLANTA MOTEL V. UNITED STATES(1964), he must have been the oldest Justice to ever live.

[Frank Drackman]

and had to be one of the oldest living Civil War Veterans....

[Syd Henderson]

Maybe if he'd taken better care of himself.

[Rev. Arthur L. Kirkland]

If that identification of error is accurate, I hope no one informs Prof. Bernstein, who is driven to conniptions by such mistakes (let alone when committed by a couple of ostensible "legal scholars").

(Spoiler: It is accurate. The Noble Prize for achievement in identifying error in Today In Supreme Court History is awarded to Stuart.)

[The Margrave of Azilia]

"After the Civil War, I swore (munch, munch) that I would never go hungry again."