Today in Supreme Court History: February 6, 1858

2/6/1858: Justice Mahlon Pitney's birthday.

Justice Mahlon Pittney

Comments

[apedad]

Um....Wiki shows his last name is spelled with one T (Pitney), and his birthday is actually the 5th of Feb., 1858.

[BravoCharlieDelta]

I'm guessing this post is so lazy because of the contents of his previous post.

[F.D. Wolf]

And this same post, with the same errors, has appeared every February 6 since 2020, always at the exact same time (7:00 AM in my time zone).

You’ll find a similar pattern for all these “Today in Supreme Court History” posts.

[Dan Schiavetta]

I’ve always been glad that Josh never reads the comments to his posts.

[Mr. Bumble]

So, Blackman has his name and date of birth wrong. Great post Josh.
For more on Pitney:
PITNEY Mahlon , a Representative from New Jersey; born in Morristown, Morris County, N.J., February 5, 1858; attended the public schools; was graduated from Princeton College in 1879; studied law; was admitted to the bar in June 1882 and practiced in Dover and Morristown, N.J., 1882-1889; elected as a Republican to the Fifty-fourth and Fifty-fifth Congresses and served from March 4, 1895, to January 10, 1899, when he resigned; member of the State senate 1899-1901 and its president in 1901; associate justice of the supreme court of New Jersey 1901-1908; chancellor of New Jersey from 1908 to 1912, when he resigned; appointed by President Taft as an Associate Justice of the Supreme Court of the United States February 19, 1912, and took the oath of office March 18, 1912; served until December 31, 1922, when he resigned; died in Washington, D.C., December 9, 1924; interment in Evergreen Cemetery, Morristown, N.J.

Source: Biographical Directory of the United States Congress, 1771-Present
That wasn't so hard.

[John F. Carr]

He does sometimes. I remember one of his posts last year was obviously a response to comments despite not being advertised as such.

[Rev. Arthur L. Kirkland]

F.D. Wolf and apedad are jointly awarded the Noble Prize for achievement in identifying error in "Today In Supreme Court History."

These noble achievers join a lengthy list of Volokh Conspiracy commenters who have recognized the shoddy academic standards of Profs. Josh Blackman (South Texas) and Randy Barnett (Georgetown).

[Dan Schiavetta]

District of Columbia v. Gallaher, 124 U.S. 505 (decided February 6, 1888): District of Columbia is bound by post-contract modifications to sewer project (including increased payment) agreed to by predecessor body which was then legislated out of existence (this was the Board of Public Works, which according to Wikipedia spent D.C. almost into bankruptcy; Congress abolished it in 1874) (project turned the open-sewer Tiber Creek into an underground river, like the River Fleet in London; one of the buildings built over it is the IRS headquarters)

Rocco v. Lehigh Valley R.R. Co., 288 U.S. 275 (decided February 6, 1933): track inspector killed by train collision on blind curve; case could go to jury even though he broke rule about checking ahead

Regents of University of Georgia v. Carroll, 338 U.S. 586 (decided February 6, 1950): FCC can't force applicant to divest as condition for granting radio license; it can only grant or deny

United States v. Alpers, 338 U.S. 680 (decided February 6, 1950): obscenity statute as to visual materials includes obscene phonograph records (despite rule of "ejusdem generis") (the government tried to argue in the Circuit Court that statute could not refer to just "visual" material because it would include Braille, but the court couldn't imagine obscene material in Braille -- "the probability of finding the evil designed to be suppressed in the Braille system of communication is so extremely remote") (unfortunately I couldn't find the "dirty record" at issue; BTW, my nominee for best obscene track is "Come with Me" by Rare Earth; worst is "Kiss Kiss Kiss" by Yoko Ono)

Fayolle v. Texas Pacific Ry. Co., 124 U.S. 519 (decided February 6, 1888): appeal dismissed because lower court clerk said he would docket the record in time but failed to do so!

[Krayt]

Braille is touch, not visual. If that is swept in, then so much more so normal writing, which is only visual.

This sounds like an early twist on “redefine words as actions, and therefore regulatable.”

[Dilan Esper]

Perhaps it was a dirty blues record like "My Handy Man" by Ethel Waters?

[Dan Schiavetta]

Or the not-so-subtle “Sam the Hot Dog Man” by Lil Johnson (1936).

https://www.google.com/search?client=firefox-b-1-d&q=sam+the+hot+dog+man+lil+johnson#fpstate=ive&vld=cid:91f35283,vid:W0DLxzfD5Xg

Pearl Bailey also came out with some racy “adult” albums.

The dirtiest mouth, though, surely belonged to Millie Jackson.

[bernard11]

Try Bessie Smith's Kitchen Man

[The Margrave of Azilia]

If you’re *already* blind, there’s no further need to protect you from pornography. /sarc

“(project turned the open-sewer Tiber Creek into an underground river, like the River Fleet in London; one of the buildings built over it is the IRS headquarters)”

The IRS building wasn’t built, it just grew rapidly using the sewage as fuel.

[John F. Carr]

Reading Alpers reminded of the credits for Bat Out of Hell: Lascivious effects - Jim Steinman. There is also a Frank Zappa song where he got his wife to contribute some vocal sounds.

RIP Meat Loaf, Zappa, Steinman.

[wolfefan]

I wonder if the FZ song you mention was "Dinah-Moe Humm."

[John F. Carr]

No, that one is lascivious without sound effects. I think his wife and her friend contributed vocal effects for the studio version of "The Torture Never Stops".

[Commenter_XY]

My 'Tribe Member' VC Conspirators...Today is Tu B'Shavat, the new year for the trees. I'll be doing a 'slimmed down' Seder for this evening. So in keeping with the holiday, I now present you with the best tasting, super nutritious, amazingly efficient recipe to get ALL of the species in one neat, easy to make recipe.

But first...species? Whatchubetalkinbout Willis? Yeah, the Torah cite is Devarim 8:7-8. So what are the species, you ask? See the list: wheat, barley, grapes, figs, pomegranates, olives, dates

Now...try combining all seven into a single, good tasting recipe. Not so easy, is it? Well, Commenter_XY is now your best friend. Imagine, you've had a long day in the courtroom, arguing some esoteric point of constitutional law to an unsympathetic judge who overrules all of your brilliantly crafted motions. You're on the go, and don't have time, and you want to fulfill the tradition. This recipe is for you. Takes under an hour.

https://toriavey.com/biblical-recipe-seven-species-muffins/

I did not have barley flour, but came up with an acceptable substitute that is technically compliant. You put in whole wheat flour for the barley flour. Then, when you have the 6-species muffin, wash it down with a shot (or soak the shot into the muffin) of fine fine bourbon (the bourbon must be made with barley, though).

[apedad]

Sounds good!

But apparently God is some weird foodie.

[Rev. Arthur L. Kirkland]

wheat, barley, grapes, figs, pomegranates, olives, dates

If you wish to use those ingredients, perhaps consider a beer?

[Commenter_XY]

I would gladly do that, Arthur! 🙂

(and I would even enjoy bending that proverbial elbow with you)

[Rev. Arthur L. Kirkland]

It seems the natural course (barley, wheat). The recipe could be considered cluttered, but a sound brewmaster might succeed. I'll ask around.

Who knows? In the right circumstance, it might sell. (He'Brew was taken back in the '80s or '90s but I understand it was withdrawn from the market recently. I have an empty bottle or two, at least 20 years old, somewhere. I don't recall seeing it in cans.)

Thank you for the invitation.

[Commenter_XY]

Arthur, you are welcome = invitation
(you on the eastern seaboard?)

I will now look up He'Brew (sounds like it was named by a brewmaster with a wicked sense of humor).

[Rev. Arthur L. Kirkland]

I became aware of He’Brew years ago through Anderson Valley, which, I believe, was the contract brewer. I believe I recall a report that the label’s owner had ceased production, but if it is available it might be through your local Anderson Valley wholesaler.

I think they had a brand called Jewbilation at one time. I might have a bottle stashed.

If you are strongly interested in determining availability, I could make a call or two.

[The Margrave of Azilia]

Kirkland becomes a much better American when he takes his meds.

[Drbusybody]

Mahlon Pitney (with one t) was the great-grandfather of the actor Christopher Reeve

[CJColucci]

Town Without Pity and The Man Who Shot Liberty Valance were probably his best work.

[bernard11]

Until he got together with Bowes on that postage meter business.

[The Margrave of Azilia]

You can rearrange the letters in "Mahlon Pitney" (one "t") to spell "Toenail Nymph."