The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: December 12, 1910
12/12/1910: Chief Justice Edward Douglass White confirmed.
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Bush v. Gore, 531 U.S. 98 (decided December 12, 2000): stopped the recount ordered by the Florida Supreme Court (though the Court had already stayed it), citing Equal Protection violation; hard to summarize this “don’t ever cite us for this!” decision further so I won’t try (Westlaw lists 104 cases giving this case “negative treatment”, courts on all levels except the Supreme Court itself of course). Note: Maybe due to the rushed briefing this wasn’t brought out, but this decision seemed to me to overrule the Taylor v. Beckham, 1900, line of cases, which shut federal court doors to Lyndon Johnson’s opponent in the 1948 Senate race and to Richard Nixon in 1960 (Nixon, a well-read lawyer, didn’t even try because he knew it was pointless)
Mitchell v. New York, L.E. & W.R. Co., 146 U.S. 513 (decided December 12, 1892): trial court correctly directed verdict for defendant railroad where teenager who had secretly climbed on top of coal car with his friends fell to his death due to “sudden jerk” of train
Shaw v. United States, 580 U.S. 63 (decided December 12, 2016): 18 U.S.C. 1344 (bank fraud) applies to defrauding a depositor as well as a bank