Today in Supreme Court History: February 12, 1965

2/12/1965: Justice Brett Kavanaugh's birthday.

Justice Brett Kavanaugh

Comments

[Dan Schiavetta]

Chambers v. Florida, 309 U.S. 227 (decided February 12, 1940): black suspects (robbery of white man) kept in jail for six days, denied visitors, and subject to persistent questioning, were denied Due Process and confessions were inadmissible

Federal Housing Administration v. Burr, 309 U.S. 242 (decided February 12, 1940): Congressional authority for Federal Housing Administration to "sue and be sued" allows garnishment claim by creditor on FHA employee's wages

United States v. Fullard-Leo, 331 U.S. 256 (decided February 12, 1947): Court, making its own construction of pre-cessation Hawaiian law (saying it was not bound by decisions of Hawaiian courts), analyzes complicated history of chain of title and on the "lost grant" (similar to adverse possession) doctrine awards Palmyra Island (then part of the Territory of Hawaii) to successors in interest and not to the United States (uninhabited except by researchers, it is currently the only "incorporated unorganized territory" of the United States; it's cold and miserable where I am and I wish I was there now)

McCarrroll v. Dixie Greyhound Lines, 309 U.S. 176 (decided February 12, 1940): Arkansas statute taxing gasoline in excess of 20 gallons in vehicles entering state burdened interstate commerce (i.e., in violation of Dormant Commerce Clause) (how would they measure what's in the tank?)

State Farm Mut. Auto. Ins. Co. v. Duel, 324 U.S. 154 (decided February 12, 1945): Wisconsin requirement that insurers carry substantial reserves from out-of-state customers did not violate Dormant Commerce Clause; statute was designed for the protection of state's own citizens

[The Margrave of Azilia]

Good as always, but there seems to be a typo:

"pre-cessation Hawaiian law"

Shouldn't that be "pre-cession Hawaiian law"?

[Mr. Bumble]

Which brings to mind James Michner's great novel, "Hawaii", which chronicles the shameful history of the US in those islands.

[Dan Schiavetta]

Margrave:

I looked it up and both seem to be correct. “Pre-cession” might get confused with “precession” which is a different word, related to “precede”, Thanks for the compliment.

Bumble:

Didn’t read the book but saw the movie. The Max con Sydow character realizes far too late how much he mistreated his wife, and also how badly the natives are being screwed.

[Mr. Bumble]

The 1966 movie with von Sydow was very good. There was also another movie "The Hawaiians" (1970) with Charlton Heston; however, neither one does justice to the story. Highly recommend the book if you find the time.

[defaultdotxbe]

Cessation is also related to a different word, to cease, which can also be confusing. Guess there's no good options lol

[Dan Schiavetta]

https://www.youtube.com/watch?v=DCsEnNe7jWw

Start at 0:43

[John F. Carr]

Under modern law, with the Miranda rule attempting to draw a bright line, would confessions as in Chambers be admissible if the prisoners were Mirandized?

I know somebody who got to go to Tahiti for work.

[JasonT20]

I would think that it wasn't just that they weren't informed of their 5th Amendment right not to give testimony against themselves, but that they were held for several days without access to anyone and undoubtedly just badgered into confessing to end the nightmare. (Even absent actual physical abuse, people can break under the pressure of constant interrogation in a situation like that. Especially if they are being given both the carrot and stick of a threat of a long jail sentence vs. 'confess' and they'll be lenient and all the fear and uncertainty will be over.)

[David Nieporent]

Miranda only has a one-way bright line rule: confessions obtained in violation of Miranda are automatically inadmissible. But confessions obtained in compliance with Miranda can still be suppressed if involuntary for other reasons.

[Dan Schiavetta]

Thanks — I didn’t know that.

[TTT]

> how would they measure what’s in the tank?

One possibility is to know the capacity of the fuel tank and estimate how much was in there by looking at the fuel gauge.

[defaultdotxbe]

Maybe they would have relied on self-reporting?

[Dr. Ed 2]

"(how would they measure what’s in the tank?)"

The same way they catch people using un-taxed home heating oil (dyed red) instead of Diesel fuel in trucks.

Truck fuel tanks aren't like those in a car -- they are on the side of the vehicle and often are also used as a step to get into it. They have a 3" cover which unscrews and then you have direct vertical access to the tank. So the cops push a dipper down into the tank and check to see what color fuel is in it when they pull it out. Clear means taxed Diesel, red means untaxed home heating oil.

Trucks in the 1960s (and earlier) burned gasoline instead of Diesel (school buses did up to about 1980) and the truck I took my CDL on had the same kind of tank for gasoline. (Can't remember if it even had a fuel gauge.) But you used a measuring stick to see how much was in it -- if you know the size/shape of the tank, you can have a chart that tells you how many gallons each inch corresponds to.

Here is an example for the standard home heating oil tank: https://www.fuelsnap.com/heating_oil_tank_charts.php -- scroll down and they have a drawing and then you can see the numbers for each inch. (Of course Diesel/#2 foams so you can never actually fill the tank.)

I don't know what buses were using for tanks in 1947 but I suspect the state was using some sort of stick to measure.

Now what *I* don't understand is how the states are allowed to require "Fuel Use" stickers for diesel trucks. Every state I know of does (some have now gone to regional multi-state ones) but every January 1st, you have to get a new tax sticker for each state you are going to be burning Diesel fuel in.

And this has become an issue in disaster relief where trucking companies have transported relief supplies through states that they neither have the sticker for nor ever otherwise would be in. Sometimes you wonder why Governor's don't simply think "there, but for the grace of God, is my state -- and I'd want these truckers coming to help me if it was" -- but bureaucrats gotta bureaucrat.

[John F. Carr]

There is a national tax compact to simplify reporting requirements for commercial vehicles. If you hear penniless politicians complain about out of state trucks not paying taxes they are probably lying. Truckers log the number of miles in each state and tax revenue is apportioned no matter where the tank was filled.

I remember when trucks were covered in license plates because states did not recognize other states' commercial registrations.

[Dr. Ed 2]

"I remember when trucks were covered in license plates because states did not recognize other states’ commercial registrations."

They still are if you don't have a DOT number, and I've seen some with two plates on them -- MA & VT on buses that occasionally went up to VT for ski trips. I'm guessing easier to do this for one vehicle than to run the entire fleet through the DOT process.

What really changed things was the 1988(?) CDL law -- before that you could have a CDL in every state, and when stopped chose which license you would give to the cop. There wasn't the reciprocity there is now (or is supposed to be) so if MA suspended your TX license's ability to operate in MA, no big deal -- TX would never know and all you had to do was remember not to give the TX license to a MA cop.

Trucking through the 1970s was regulated by the teamsters so a lot of this was moot. It was deregulated in the 1980s and the states are only now catching up on that.

[Dan Schiavetta]

Thanks for this information !

[John F. Carr]

About 20 years ago I knew two people who had duplicate regular driver's licenses, not CDLs.

One had been told long before that since he had ties to two states had should have two licenses, one for each state. He had more recently been told that he was a criminal in the eyes of Massachusetts RMV for continuing to follow that old advice.

Another gave up his second license in the 2000s when states started using biometrics to detect duplicates. In Massachusetts one of the licenses would be revoked and that was that, but in New York holders of duplicate licenses were threatened with felony charges unless they agreed to a long license suspension.

[Dr. Ed 2]

“politicians complain about out of state trucks not paying taxes they are probably lying. “

No. The excise tax on the vehicle is still paid to the state of registration and while that’s supposedly apportioned, ever notice how many of the 40′ trailers have a Maine plate on them?

And then there is the sales tax...

[Dr. Ed 2]

As an aside -- Hurricane Katrina.

Louisiana said that it would be strictly enforcing all motor vehicle laws and regulations, both for commercial vehicles and private (pleasure) cars.

A neighboring state, can't remember if it was Texas or Mississippi (or both) instead said that they were NOT going to be enforcing all of that stuff, as long as the vehicle and operator "was safe", they would not be making an issue of anything else, including registrations.

Just get out while you can....

And a lot of people in New Orleans didn't evacuate because they couldn't all legally fit into their cars. And the school buses, which weren't licensed to carry the general public, were left in the parking lot (an intrepid teenager stole one of them).

Sometimes you gotta think about the "greater good."

[Krayt]

The purpose of government is to get in the way, until paid to get back out of the way.

[Sarcastr0]

You continue to write like someone who has never met anyone who actually works for the government.

It's market-worship fan fiction.

[Mr. Bumble]

Word on the street is that Kavanaugh will be hosting a Super Bowl kegger to celebrate his birthday. Blassey-Ford will not be among the invitees, but sometime in the future will have memories of having attended.

[Commenter_XY]

Tonight is the night for some good beer. Looking forward to a great game.

[Mr. Bumble]

Rolling Rock or Iron City (kidding of course).

[Rev. Arthur L. Kirkland]

You seem to be a Mich Ultra, Corona Light, or Montucky drinker.

[Mr. Bumble]

Yuengling lager. Great since 1828.

[Rev. Arthur L. Kirkland]

That brewery didn't exist in 1828.

Other than that, great comment!

(Yuengling has still been unable to establish distribution in roughly half of the states, mostly the backwater variety, which means plenty of Volokh Conspiracy fans are likely wondering what a "Yingaling" beer is.)

[Mr. Bumble]

I stand corrected: 1829.
National distribution is t tough nut to crack but they're working on it and the states where it is not available will be the better for it when they do.
Currently available in:
What States Is Yuengling Sold In?

You can currently purchase Yuengling in Kentucky, Arkansas, New York, Pennsylvania, New Jersey, Maryland, Delaware, Washington D.C., West Virginia, Virginia, North Carolina, South Carolina, Tennessee, Alabama, Georgia, Florida, Connecticut, Indiana, Louisiana, Texas, Massachusetts, Mississippi, Ohio, and Rhode Island.
I believe Missouri has just recently been added to the list.

Fun fact: Did you know they also made ice cream?

[Krayt]

So did Stroh's beer during prohibition. I'm sure they weren't the only one.

[Dr. Ed 2]

Kentucky, Arkansas, Pennsylvania, West Virginia, Tennessee, Alabama, Georgia, Florida, Indiana, Louisiana, Texas, Mississippi, Missouri

And the good reverend was saying????

[Frank Drackman]

Pre-Judge much Jerry?,
I'm partial to Pilsner Urquell, but gotta be in the 750ml bottle, loses something in the 12 oz ones, the original Czech Budvar, but if your having Tacos nothing beets a cold Dos Equis, Modelo, or Tecate,

Frank "I like Beer"

[Dan Schiavetta]

The Super Bowl, once an after-New-Year’s event, is now comfortably ensconced in February. How long before it creeps into March?

[Mr. Bumble]

…and becomes a national holiday.
Some schools have announced a delayed opening because of the game.

[JasonT20]

Some schools have announced a delayed opening because of the game.

Why? Even on the east coast the game will likely be over by 10pm.

[David Nieporent]

Bus drivers too hungover to get up on time.

[Dr. Ed 2]

"Bus drivers too hungover to get up on time."

In all seriousness, and I doubt that school administrators are bright enough to think of this, but there actually IS an issue.

OUI in a commercial vehicle, which all school buses are, is .04 and not the standard .08 -- and it is entirely possible to wake up with a .04 BAC. Memory is that you deduct 0.01 per hour and that doesn't account for the ETOH still in the stomach, so if you had a .1 at midnight -- which isn't that drunk -- you would still have a 0.04 at 6 AM...

(Remember that the OUI level in the 1970s was .15...)

Now I'm not saying that school administrators are responsible persons, but if you were one and knew that a significant percentage of your bus drivers would be driving drunk the next morning, what would you do?

[Frank Drackman]

soon, just like the irrelevant World's Serious lasts until November (Cheaters won on November 5, (the bigger Cheaters won 2 Novembers previously) Remember when the Series started with Saturday/Sunday afternoon games. then 3 midweek night games, and ending with 2 more day games if games 6/7 were needed, now they're all at night, because can't compete with College Football/NFL

Frank

[SRG]

Whoever sings the National Anthem cannot do as bad a job as the man who butchered it at the Millrose Games yesterday...

[Frank Drackman]

Enjoy Jose Feliciano's second best performance (sorry, but his "Fargo" cameo was better) at the 1968 World Series, Not sure what's more unbelievable, that it was a World Series Day game, on October 7th??? (2022 playoffs BEGAN on October 7th)

https://www.youtube.com/watch?v=aQkY2UFBUb4

Frank