Today in Supreme Court History: May 11, 1942

5/11/1942: Gordon Hirabayashi "failed to report to the Civil Control Station within the designated area." The Supreme Court upheld the constitutionality of his conviction in Hirabayashi v. U.S. (1943).

Gordon Hirabayashi

Comments

[Dan Schiavetta]

Smith v. Texas, 233 U.S. 630 (decided May 11, 1914): Texas statute restricting employment as a conductor to those who have already been conductors or brakemen for two years violates Equal Protection clause because it arbitrarily (and admittedly) excluded qualified applicants

Reeves v. Beardall, 316 U.S. 283 (decided May 11, 1942): resolving a split in the circuits: claim as to promissory note arose from different transaction from claim for breach of contract; dismissal acted as appealable final judgment despite survival of contract claim (superseded by 1946 amendment to FRCP 54(b))

Gompers v. United States, 233 U.S. 604 (decided May 11, 1914): contempt proceeding against union for disobeying order to not boycott or urge of boycott of stove making business dismissed because brought after 3-year limitations period

Hardin v. Jordan, 140 U.S. 371 (decided May 11, 1891): ambiguities in language of federal grants of land are to be construed according to the law of the state where the land (here actually, a lake) is located

Marsh v. Nichols, Shepard & Co., 140 U.S. 344 (decided May 11, 1891): no federal court Patent Power jurisdiction because agreement over transfer and use of prospective patent was question of state contract law

Sioux Tribe of Indians v. United States, 316 U.S. 317 (decided May 11, 1942): tribe not entitled to compensation when federal government took back lands it had given to the tribe 16 years before

Delo v. Stokes, 495 U.S. 320 (decided May 11, 1990): stay of execution on second or successive habeas petition should be granted only when there are “substantial grounds” for the petition (this one was the fourth and stay was denied)

Olden v. Kentucky, 488 U.S. 227 (decided May 11, 1988): Kentucky “rape shield law” violated Confrontation Clause by prohibiting cross-examination of alleged sexual assault victim whom defendant wanted to show had a live in boyfriend whose wrath she feared if she told the truth about sex with defendant being consensual

[John F. Carr]

Is Smith v. Texas still good law in the occupational licensing era?

[Dan Schiavetta]

Good question!

There must be a case where an out of state lawyer argued that requiring previous experience as a lawyer to get admitted to the Bar violated Equal Protection. On the other hand, being a lawyer in one state requires different knowledge than in another state.

[Dr. Ed 2]

Maine lobster license program is this way.

[John F. Carr]

In Olden v. Kentucky, the defense theory was that a white woman had consensual sex with a black man in Kentucky and later cried "rape!" Marshall dissented on the sole ground that summary reversal was inappropriate. Echoes of the modern "shadow docket" controversy.

[Frank Drackman]

Hirabayashi always reminds me of "The Wrath of Khan" with a Nubile Vulcan Kirstie Alley as Lt Saavic, in the Simulator where they do the "Kobayashi Maru" Scenario ( rescue mission to save the crew of the damaged ship Kobayashi Maru, but is attacked by Klingon cruisers and critically damaged. The simulation is a no-win scenario designed to test the character of Starfleet officers. )
We have a similar thing on the Anesthesia Oral (love the Oral) Boards, they give you a train wreck case scenario where everything goes wrong, and everything you do to try to fix it goes wrong, like in "Wargames" the only wining move is not to play, (Of course you can't say you'd cancel the case)

Frank "80's movies Aficionado"

[Frank Drackman]

"Remember, Sully, when I promised to kill you last?
Sully: That's right, Matrix! You did!
" I lied. "

Frank "I must break you!"