Today in Supreme Court History: April 8, 1952

4/8/1952: President Truman signs executive order 10340. The Supreme Court declared this executive order unconstitutional in Youngstown Sheet & Tube Co v. Sawyer (1952).

Comments

[Dan Schiavetta]

Edwards v. Pacific Fruit Express Co., 390 U.S. 538 (decided April 8, 1968): owner and supplier of railroad refrigerator cars was not a "common carrier by railroad" so as to allow suit under Federal Employers Liability Act (statute included other kinds of rail cars but not refrigerator cars; plaintiff was injured while servicing a refrigerator car at a maintenance plant)

Permoli v. Municipality No. 1 of City of New Orleans, 44 U.S. 589 (decided April 8, 1845): Constitution does not prohibit states from outlawing certain religious practices (Louisiana ordinance against bringing corpses into churches for funerals) (abrogated by the Fourteenth Amendment)

United States v. Johnson, 390 U.S. 563 (decided April 8, 1968): "outside hoodlums" who attached blacks after they ate at whites-only restaurant properly convicted under 18 U.S.C. §241 (the criminal equivalent of 42 U.S.C. §1983); 5 - 3 decision; in dissent Stewart, joined by Black and Harlan, point to legislative history and 42 U.S.C. §2000a-6(b) which states that Title 42 is the exclusive remedy for civil rights violations

United States v. Jackson, 390 U.S. 570 (decided April 8, 1968): death penalty provision of Federal Kidnaping Act (applicable only after jury verdict finding that abductee was harmed) impermissibly burdens right to jury trial but can be stricken without invalidating entire Act

Crozier v. Fried. Krupp Aktiengesellschaft, 224 U.S. 290 (decided April 8, 1912): United States can exercise eminent doman over patents (Army officer incorporated patented gun and gun carriage designs); patentee can't sue for infringement but is entitled to just compensation, 28 U.S.C. §1498

Fontaine v. California, 390 U.S. 593 (decided April 8, 1968): conviction for marijuana sale reversed because prosecutor and judge commented on defendant's failure to testify (informant witness was not available and they pointed out that defendant himself was the only one who could clear up whether he knew it was marijuana and chose not to do so)

Highland v. Russell Car & Snowplow Co., 279 U.S. 253 (decided April 8, 1929): upholding wartime Lever Act of 1917 fixing coal prices even though operators lost money thereby (dismissing suit for lost profits)

Sinclair v. United States, 279 U.S. 263 (decided April 8, 1929): upholding conviction for contempt of Congress; questions as to defendant's company's oil contract to supply naval vessels were not "personal" and were pertinent to inquiry (overruled by United States v. Gaudin, 1995, which held that pertinency is for jury to decide)

Helson v. Kentucky, 279 U.S. 245 (decided April 8, 1929): Kentucky tax on gasoline sold to ferries plying the Ohio River between Kentucky and Illinois violates Dormant Commerce Clause

Texas & Pacific Ry. Co. v. Humble, 181 U.S. 57 (decided April 8, 1901): can't dismiss married woman's personal injury suit under law of Louisiana where they lived (and which did not allow married woman to bring suit alone) where injury occurred in Arkansas (which permitted her to sue on her own behalf) and where she sued in that state's court; irrelevant that suit was removed to federal court

[John F. Carr]

Massachusetts started separating wives from husbands, in a legal personhood sense, I think in the late 19th century. The last nail in the coffin of the rule against intrafamilial personal injury lawsuits came in the 1970s when lawyers pointed out to judges that most drivers had insurance and they didn't want to leave that sweet insurance money on the table when one family member injured another in a car accident.

[Dr. Ed 2]

I never understood why the steelworkers wanted the Federal Govt to seize the mills as they weren't going to get a pay raise -- how would they benefit?

[Dan Schiavetta]

They wanted to help the war effort. Many had family members in Korea.

[Dr. Ed 2]

And yet they went on strike the minute the seizure ended?
That doesn't make sense.

[Sarcastr0]

Unions in the 1950s.

[Frank Drackman]

Permoli v. Municipality No. 1 of City of New Orleans, 44 U.S. 589 (decided April 8, 1845): (Louisiana ordinance against bringing corpses into churches for funerals) (abrogated by the Fourteenth Amendment)
Those Bitter Klingers with their guns, gods, and corpses in churches!

[Dr. Ed 2]

I've always seen the coffin in the church.

[bernard11]

How many funerals did you go to before the 14th Amendment was ratified?

Not many, I bet.

[Frank Drackman]

Never been to a funeral (they're depressing) or a wedding (more depressing) except my own, at one of those tacky Wedding Chapels in Vegas (30+ years and no "D" pending as best I can tell)
Mom's family is all in the (former East) Germany, and most on my Dads side died before I was born, (hard to make those) or while he/me were deployed over seas)
won't even be at my own funeral, cause there won't be one, Donated my (amazing for 60) body to Science, my Almer Mater actually, so that even when I'm dead hot young women will be handling my junk (checked out Med Schools lately? they're mostly hot young women)

Frank

[Dan Schiavetta]

All that experience in life and you’re still such a juvenile bigot.

[hobie]

You a lawyer now, Drackman? I thought you called yourself a doctor. Looks like a lawyer in the Fifth Circuit has played a doctor too. No doubt you're pleased.

[Frank Drackman]

I've always said I'm of the I-ANAL category, my legal ed-jew-ma-cation's limited to "Perry Mason" "Matlock" and "Boston Legal"(Denny Crane!)
And you're way late to the Abortion Dance, it was Dr Hairy Blackmun who found the right to kill babies hidden in the Penumbra, condemning millions of unborn Afro-Amuricans to the Suction Canister of History,
And Millions of White Peoples too, (Not so much the Hispanics/Asians, they have this strange idea that killing unborn babies is wrong)
But has anyone ever left an event because there were too many White People???

Frank "Against killing babies of any color, unless it's absolutely Necessary"

[hobie]

The Blackmun court created a right. The Texas court prohibited medicine

[Frank Drackman]

a "Right" to kill babies, I prefer the "Rights" that don't kill babies.
"Prohibited Medicine" in most areas of Medicine if you prescribe a medicine or do anything else that results in a Death, you'll soon wish YOU were dead, because you'll be dealing with Shysters, Depositions, Have your Malpractice Insurance Jacked Up,
Oh, unless it's an unborn human, then you're golden.
Oh, and I don't prescribe ADD meds either (OK, I'm a Gas Passer, but all Docs get the "Curbside Consults" ("Hey Doc, can you write a Scrip for my kid's Adderall?? Effin Shrink charges a $100 co-pay every month!)
Want your kid to take Amphetamines, go buy it on the street, Methamphetamine's more effective anyway.

Frank

[Rev. Arthur L. Kirkland]

We may have found the next person to be invited to become a Volokh Conspirator.

She's a natural for this gig.

[Frank Drackman]

Well it's Klinger Kalifornia, watcha Expect, Jerry??
and she was just following Barry Hussein Osama's example in his
best selling "Wet Dreams from my (African Chieftain) Father"

[Dan Schiavetta]

Her point is correct but this is about the most abusive way imaginable to make it.

[Rev. Arthur L. Kirkland]

Some people just seem to love to use that word.

Bigots, mostly, although there is some sprinkling of on-the-spectrum types who can't seem to function in social settings as modern adults.

[Syd Henderson]

I didn't realize Korematsu v. US had to deal with steel:)