Today in Supreme Court History: November 22, 1963

11/22/1963: President Lyndon B. Johnson takes the oath of office. He would appoint two Justices to the Supreme Court: Abe Fortas and Thurgood Marshall.

President Johnson appointed Justices Fortas and Marshall

Comments

[Dan Schiavetta]

Brasfield v. United States, 272 U.S. 448 (decided November 22, 1926): judge can't ask a jury foreman during deliberations where the vote currently stood (even though he doesn't ask which side is winning); conviction for violation of Volstead Act (transporting alcohol) reversed

Mississippi v. Tennessee, 142 S.Ct. 31 (decided November 22, 2021): in original jurisdiction case, upholds Special Master's finding; though Tennessee owns all the water under it, it is equitably liable to Mississippi for pumping that depletes downstream state aquifers (supplying water for Memphis reduced groundwater pressure in northern Mississippi)

[The Margrave of Azilia]

If it wasn’t for water, we’d probably have a lot fewer interstate lawsuits.

[Dan Schiavetta]

If only water would stay in one place!!

[Mr. Bumble]

Curious if anyone knows what the "equitable" remedy was?

[apedad]

Facts of the case

The State of Mississippi sued the State of Tennessee in 2014, alleging that Tennessee was taking Mississippi’s groundwater by allowing a Tennessee utility company to pump large amounts of groundwater from the Middle Claiborne Aquifer, which is located at the Mississippi-Tennessee border. Mississippi argues that the groundwater stored in the aquifer lies entirely within Mississippi and would never flow into Tennessee if it were not for the pumping. Mississippi expressly disclaims any equitable apportionment remedy, arguing that the principle does not apply to this dispute. Instead it seeks only damages and related relief. The Special Master recommended that the Court dismiss the complaint but grant Mississippi leave to amend its complaint to seek equitable apportionment.

Question

Is Mississippi entitled to damages, injunctive, and other equitable relief for the groundwater taken by Tennessee?

Conclusion (Unanimous!)

Mississippi is entitled only to the remedy of equitable apportionment, and since its complaint expressly disclaimed equitable apportionment, its complaint is dismissed without leave to amend. Chief Justice John Roberts authored the unanimous opinion of the Court.

Equitable apportionment is a judicial remedy that seeks to fairly allocate a shared water resource between two or more states. Although the Court has not previously considered whether the doctrine of equitable apportionment applies to interstate aquifers, it has applied the remedy when transboundary water resources were at issue, and the same reasoning applies. First, like other transboundary water resources, the Middle Claiborne Aquifer has a “multistate character.” Second, it contains water that naturally flows between the states. And third, actions taken in Tennessee affect the portion of the aquifer that underlies Mississippi. For these reasons, equitable apportionment applies to the waters of the Middle Claiborne Aquifer. (oyez)

[Dan Schiavetta]

Thanks for adding some procedural facts.

Why did they disclaim apportionment? Was it a hardball tactic that blew up in their faces? (I love when that happens.)

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

IANAL and sure don't know the legal details, but also sure think equitable apportionment was the logical choice, even the only choice.

But it would also be hard to prove that any apportionment was equitable, or pick the best apportionment, and maybe Mississippi figured any reasonable apportionment would be too much in Tennessee's favor, that it would be better to swing for the fence and miss.

[Frank Drackman]

Lee Harvey Oswald, In the Book Suppository Building, with a Mannlicher-Carcano, no International/RightWing/Casto/OC conspiracy, just a loser with a target of opportunity.
And if you're ever in South Central Texas check out the LBJ ranch, they have his "Air Force 1/2" Lockheed Jet Star he used (not worried about Global Warming, the Ranch airstrip was too short for a 707) Also have old time phones you can pick up and hear his tapes of important state matters, like calling Owner of the Haggar Slacks company to get some umm "Adjustments" to his order...
https://www.youtube.com/watch?v=S3GT9UN7nDo

Frank

[Michael D]

You have been watching too much Full Metal Jacket, I see. Same here.

[Frank Drackman]

I haven't even gotten to the Charles Whitman part...

[Michael D]

LOL

[Michael D]

Why, when I think of LBJ, do I think every single thing he did was for partisan politics first and the nation second?

But as I think deeply on the question, I am certain that most presidents did the same. Perhaps LBJ just comes across as being very political because of comments attributed to him such as how the VRA would bring the AA vote to the Democrats for the next 100 years.

Ultimately, it brings to mind a quotation someone said that I cannot recall exactly but basically it says that an elected president from a political party is like choosing a match referee from one of the competing teams.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

LBJ also self-publicized himself, such as lifting his fully-grown beagle by its ears, showing off his appendectomy scar, and other stunts; when the press turned on him for the Vietnam War, all those stunts become example of how uncouth he was. People don't remember the stunts, or even the press turning on him; but they do remember the image the press created.

[Michael D]

Interesting. Did you happen to read the Robert Caro biography of LBJ?

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Haven’t read any biography of him. I did buy one (by Roger Stone?) which promises to show how he was the brains behind JFK’s assassination, but not because I put any credence in that; more because I never liked the clown and want to see how many salacious details make me laugh. I haven't read it yet.

I graduated high school in 1969, so basically grew up with him as the first President I remember, and those stories stick in my mind.

Another story was sort of the same for both LBJ and Nixon. They were budding politicians during WW II, and both finagled fact-finding tours of the South Pacific war zones, including rides on bombers into combat. Both were such a pain in the neck to MacArthur that he arranged Silver or Bronze Stars for them so they’d go back home and leave him alone. Or so I remember it, vaguely. Probably wrong in details.

[Frank Drackman]

Boy, fake news much? Tricky Penis was a Supply Officer in the South Pacific, had a side gig with a little Burger Stand and ran a Poker game, didn't have to "finagle" a tour of a war zone, as Uncle Sammy had already sent him to one.
From https://www.history.navy.mil/research/histories/biographies-list/bios-n/nixon-richard.html
"Looking for more excitement, Nixon volunteered for sea duty and reported to Commander Air Force, U.S. Pacific Fleet where he was assigned as Officer in Charge of the South Pacific Combat Air Transport Command at Guadalcanal in the Solomons and later at Green Island."

Want to false valor somebody try Senescent's Joe's claims about the Naval Academy...https://nypost.com/2022/05/27/joe-biden-says-he-applied-to-naval-academy-dates-dont-add-up/

Frank

[Frank Drackman]

At the little "Museum" at the LBJ ranch they have an exhibit about the "Beagle" incident, turns out the dog loved it, typical "Fake News" before it was known as that.
And it was a Gallbladder Scar, big "Chevron" incision (named for the shape, not the Oil company) which was how they took care of the Gall-bag and Choledochus (I'd tell you...) back then. Exhibit on that too, seems there were rumors he had Cancer (instead of just a minor case of 3 vessel coronary disease, or Alzheimers, like our current POTUS) so he was showing the scar to prove he didn't have the Big Casino.
Reminds me a little of another Blowhard Megalomaniac recently occupying the Oval Orifice (and hopefully re-occupying it (legally, legally!!) in 0-25 ,

Frank "just call me Doris Kearns" Drackman

[Michael D]

I like the Doris Kearns Goodwin reference.

One thing I think most people recognize is that the desire to be President is a bit megalomaniacal in the first place. Very few reached that office without the desire and drive and the belief in their own…whatever we want to call it.

Coolidge is someone who comes to mind who might not have sought the office but it was thrust upon him. I could be mistaken. I am sure there were others like that as well. I am not sure.

[Syd Henderson]

William Howard Taft had to be browbeaten into running by TR and his wife. He really wanted a Supreme Court nomination, which he eventually got. One of the reasons he ran against TR in 1912 was that he didn't like proposals by TR that would have emasculated the judiciary. I'm on Taft's side, by the way.

[Dan Schiavetta]

“Why, when I think of LBJ, do I think every single thing he did was for partisan politics first and the nation second?”

Civil Rights Acts. Good for the country. Bad for the Democratic Party.

[Rev. Arthur L. Kirkland]

Why bad for the Democratic Party? It drove the Republican Party and all manner of disgusting bigots -- racists, misogynists, gay-bashers, immigrant-haters, antisemites, Islamophobes, white nationalists -- together, enabling the Democratic Party's members to win the modern American culture war for five or six decades and counting.

Conservatives have had their asses kicked by the liberal-libertarian mainstream in America for more than a half-century in large part because many of them are bigots and nearly all of the others appease and embrace bigots. Doesn't sound bad for the Democratic Party, which gets to impose its preferences against the wishes of conservatives, to me. As America continues to become less rural, less religious, less ignorant, less white, less bigoted, and less backward, it seems destined to get even worse for Republicans, especially in national elections.

[Frank Drackman]

Might want to check "US News & World Report" in the Prison Li-berry, Jerry (wow, I got rhymes). If winning the House (did my Hero Al "Just Win Baby" Davis care if the Raiders won by 51 or 1? still goes down as a "W") is "losing" then call me a Loser, Baby (HT Beck)
OK, you (and I do mean "You") have your Drag Queen Story Hour, and now can molest "boys" that used to be girls (dammit, now you've got me doing it, still are girls) But hey, that homo Governor of Colorado abolished the Death Penalty in 2020, so the Colorado Murderer will get the "Death of a thousand Bufu's". I'd rather just hang the basturd and feed his carcass to the Pigs, but then I'm "Old School"

Frank "Death! By Unga Bunga!"