Today in Supreme Court History: March 4, 1861

3/4/1861: President Abraham Lincoln's inauguration.

President Abraham Lincoln

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[Dan Schiavetta]

United States v. Tsarnaev, 595 U.S. --- (decided March 4, 2022): upholding conviction of 2013 Boston Marathan bomber; trial judge had discretion at voir dire to ask only general questions about media exposure, and to exclude at sentencing mention of brother's triple homicide to show that defendant was not the ringleader of bombing (according to Wikipedia, attorney is as of this writing cooking up arguments for another appeal) (opportunities for agreement with Tsarnaev are limited, but he was right about trying to eat cherry tomatoes with a fork)

FBI v. Fazaga, 595 U.S. --- (decided March 4, 2022): in suit by Muslims alleging discriminatory surveillance, Court holds that government (which opposed disclosure of surveillance materials) does not have to follow procedure in 50 U.S.C. §1806(f) for in camera inspection even though on its terms it applies when (as in this case) government asserts "state secrets" privilege (unanimous decision, in which the Court cites the leading case on the privilege, Reynolds v. United States, 1953, a case alleging death due to faulty government plane, where the government claimed the state secrets privilege and wouldn't even allow in camera inspection; the Court doesn't tell us that years later the Reynolds documents were declassified and showed no state secret, just an engine fire, and it refused to hear that case again)

Lawson v. FMR, LLC, 571 U.S. 429 (decided March 4, 2014): protection of whistleblower statute, 18 U.S.C. §1514A(a), extends to employees of private contractors serving publicly traded companies (here, advising as to mutual funds) (the mutual fund itself, Fidelity, had no employees; Sotomayor, joining Kennedy and Alito in dissent, points out that the phrase in §1514A(a) is "employees of publicly traded companies")

Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (decided March 4, 1998): same-sex harassment is actionable under Title VII

United States v. Ramirez, 523 U.S. 65 (decided March 4, 1998): officer can break in, damaging property (e.g., smashing in window) if knocking would reasonably result in evidence being destroyed, witnesses disappearing, or danger (i.e., "no-knock warrant")

Bennis v. Michigan, 516 U.S. 442 (decided March 4, 1996): Wife owned car jointly with husband. Husband convicted of sex with prostitute in car. Wife didn't know about it. Car is still forfeited and she doesn't get compensated for her share. Does this sound fair? The car was 11 years old and she had another car available, but still . . . 5-4 decision.

Whitley v. Albers, 475 U.S. 312 (decided March 4, 1986): prisoner shot without warning during prison riot did not suffer "cruel and unusual punishment"; no showing that shooting was unnecessary or wanton

Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (decided March 4, 1985): prohibiting out-of-state lawyers from bar admission violated Privileges and Immunities Clause (though the state can still make it pretty damned inconvenient; try being a New York lawyer applying for admission in Connecticut or Vermont!)

Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (decided March 4, 1981): employer accused of sex discrimination must only give clear non-pretextual rationale for not hiring plaintiff; doesn't have to be preponderance of evidence

Johnson v. Robinson, 415 U.S. 361 (decided March 4, 1974): not a Free Exercise violation to exclude conscientious objectors (who had completed required non-military service) from educational benefits available to veterans

[John F. Carr]

Eight years before COVID, the Boston area had a practice lockdown. Police told everybody to stay inside for miles around the location where the Marathon bomber was thought to be hiding. The subway system was shut down. It struck me as an overreaction, like spending trillions of dollars on decades of war in response to 9/11. I lived near the edge of the panic zone and I drove to work outside the zone like normal.

On vehicle forfeiture, an attorney who handles traffic cases told me of the difference between dream and reality when it comes to forfeiture for traffic offenses. Lawmakers dream af a flood of valuable cars into state coffers. The reality is a trickle of rusty old pickup trucks. The kind of person who gets convicted of second or third offense DUI is not likely to be driving a new luxury car.

[Noscitur a sociis]

(though the state can still make it pretty damned inconvenient; try being a New York lawyer applying for admission in Connecticut or Vermont!)

Based on the websites, it looks like both states make it a lot easier for non-residents to get admitted than New York does!

[Dan Schiavetta]

Maybe you're right -- just my perspective.

It was years ago, but one couldn't get admitted in Connecticut unless 51% of your business was there. And Vermont's fee was exorbitant. That might have changed.

[Rev. Arthur L. Kirkland]

King v. Burwell was argued on March 4.

Plenty of presidents were inaugurated on March 4.

This blog has some odd perspectives -- and/but it is profoundly loyal to them.

[Frank Drackman]

Gerald Arthur Sandusky (born January 26, 1944) is an American retired college football coach and convicted serial child molester. Sandusky served as an assistant coach for his entire career, mostly at Pennsylvania State University under Joe Paterno, from 1969 to 1999, the last 22 years as defensive coordinator. He received "Assistant Coach of the Year" awards in 1986 and 1999.[3] Sandusky authored several books related to his football coaching experiences.

[Rev. Arthur L. Kirkland]

Why do on-the-spectrum conservatives obsessively call those they dislike child molesters? Is there a deep-seated psychological angle, or it is similar to insecure eight-year-olds calling everyone gay?

[Frank Drackman]

Gerald Arthur Sandusky (born January 26, 1944) is an American retired college football coach and convicted serial child molester. Sandusky served as an assistant coach for his entire career, mostly at Pennsylvania State University under Joe Paterno, from 1969 to 1999, the last 22 years as defensive coordinator. He received “Assistant Coach of the Year” awards in 1986 and 1999.[3] Sandusky authored several books related to his football coaching experiences.

[mydisplayname]

Lincoln's slogan -- "Make no contracts that will bind me" -- was appropriate.