Today in Supreme Court History: December 11, 1922

12/11/1922: Pennsylvania Coal Co. v. Mahon decided.

Comments

[Dan Schiavetta]

Texas v. Pennsylvania, 592 U.S. --- (decided December 11, 2020): Texas has no standing to contest how other states conduct their elections (the Constitutional objection argued appears to be that Biden won)

Carey v. Musladin, 549 U.S. 70 (decided December 11, 2006): fact that judge allowed murder victim's family to sit in front row at trial wearing buttons with victim's photo did not entitle defendant to habeas relief (because allowing this was not contrary to "clearly established" federal law, 28 U.S.C. §2254(d)(1))

Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (decided December 11, 1922): legislature violated Contracts Clause rights of mining company by prohibiting mining that would cause subsidence damage to private property (in effect overruled by Keystone Bituminous Coal Ass'n v. DeBenedictis, 1987)

[Procyon Mustelid]

That's interesting about Keystone. I remember being taught about Pennsylvania Coal, but no mention was made of Keystone and this is the first I've ever heard of it. Although since Keystone didn't overrule the concept of regulatory takings I suppose that's understandable?

[F.D. Wolf]

Keystone was a 5-4 decision, split roughly along ideological lines. Justice Stevens wrote the majority opinion, joined by Justices Brennan, White, Marshall, and Blackmun. The dissent was written by Chief Justice Rehnquist, joined by Justices Powell, O'Connor, and Scalia.

The majority seemed to go to great lengths to point out all the differences between this case and Pennsylvania Coal. The dissent's response was essentially, whatever, this is pretty much the exact same case.

So, why didn't the Court just explicitly overturn Pennsylvania Coal? I suspect there weren't five votes to do it, hence the hair-splitting distinctions. (On the other hand, I could just be completely wrong. It's been known to happen on occasion.)

[Jonathan Affleck]

Mahon is probably pronounced Man.

Martin McMahon, who overcome political question doctrine in order to bring a complaint against Sheldon Adelson, my depraved evil hyperwealthy Zionist relatives, and other vile disgusting US Zionists, pronounced his last name McMan.

The decision of the Court of Appeals for the DC Circuit is worth reading. See Al-Tamimi v. Adelson, 916 F.3d 1 (D.C. Cir. 2019).

Hatred for Zionism, the Zionist state, and every Zionist on the planet is in the exponential growth phase — even among white evangelicals.

It tears the heart out of the US legal, political, and social system for the US DOJ to give an American Zionist impunity when he perpetrates a US federal capital crime like 18 U.S. Code § 1091 – Genocide. I hope that before the end of this decade, my depraved evil hyperwealthy Zionist relatives will be arrested, tried, convicted, and sentenced under § 1091 or § 2339A. Every one of them deserves the jab in the arm.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Is that supposed to make sense?

[Longtobefree]

No.