Today in Supreme Court History: November 15, 1882

11/15/1882: Justice Felix Frankfurter's birthday.

Justice Felix Frankfurter

Comments

[Dan Schiavetta]

The Harrisburg, 119 U.S. 199 (decided November 15, 1886): can't sue in admiralty for wrongful death because Congress has not provided for it (abrogated by Moragne v. States Marine Lines, 1970)

Moody v. Daggett, 429 U.S. 78 (decided November 15, 1976): parolee who committed a crime while on parole does not have normal entitlement to immediate parole revocation hearing even though in custody after warrant issued

Albertson v. Subversive Activities Control Board, 382 U.S. 70 (decided November 15, 1965): requiring members of the Communist Party to register as such violates self-incrimination clause (by doing so they could automatically be prosecuted under the Smith Act) (previously the Court had held that requiring Party leaders to submit a list of members was not unconstitutional, Communist Party v. Subversive Activities Control Board, 1961) (the Board was abolished in 1972)

[Syd Henderson]

I was thinking Albertson might have reflected changes in court membership, but it was 8 - 0 and Fortas was the only Justice in the majority who had been appointed since 1961. (White didn't vote.)

[Dan Schiavetta]

The earlier decision had three dissenters (Clark, Reed and Minton -- curiously not Black or Douglas) and I think the majority was being pushed as far as they would go. The Albertson facts pushed them too far. At least that's my guess.