Today in Supreme Court History: May 12, 1790

5/12/1790: Justice James Iredell takes the judicial oath.

Justice James Iredell

 

Comments

[Dan Schiavetta]

Rhode Island v. Innis446 U.S. 291 (decided May 12, 1980): armed robbery defendant, after being given Miranda warnings and riding in police car, should have been given additional Miranda warning before officer’s comment that missing shotgun might be picked up by children in nearby school for the handicapped which prompted defendant to ask the police to take him back to the scene to find the shotgun, evidence of which should have been suppressed (!) (I’ve been to the neighborhood involved in that case, Mount Pleasant in Providence. It’s working class, semi-attached triple-decker houses. My in-laws live there. Providence in general is a unique and interesting place. There is indeed a school for disabled children there, part of the high school, called Harold A. Birch School. Perhaps Mr. Innis was aware of the school and knew the policeman’s concern as to disabled children picking up his gun was a legitimate one.)

​ Reno v. Bossier Parish School Board, 520 U.S. 471 (decided May 12, 1997): preclearance of proposed redistricting (§5 of the Voting Rights Act) is not necessarily denied if there is intentional vote dilution (§2) because purpose of §5 is to prevent retrogression to earlier discrimination (§5 is a dead letter now that §4(b) was invalidated in Shelby County v. Holder, 2013) ​

Hill v. Stone, 421 U.S. 289 (decided May 12, 1975): denial of Equal Protection to restrict voting on city bond issue to those who would directly bear the resulting tax increase (i.e., property owners); this is not a “special interest” election (where the franchise can be restricted appropriately) because all citizens would bear cost in some way (this was to build a new library)

​ Johnson v. United States, 520 U.S. 461 (decided May 12, 1997): materiality of defendant’s false statement to grand jury (i.e., source of box of cash which she knew was really the result of drug trafficking) should have been question for the jury in perjury trial but harmless error because evidence of materiality was “overwhelming”

​ Bugajewitz v. Adams, 228 U.S. 585 (decided May 12, 1913): determination that petitioner had entered country to practice prostitution and therefore would be deported did not require evidence of conviction of prostitution in home country ​

Johnson v. Mississippi, 421 U.S. 213 (decided May 12, 1975): state law did not prevent criminal defendants (accused of illegal boycotting of white-only businesses) from asserting their federal rights so as to invoke 28 U.S.C. §1443(1); remand order therefore not appealable ​

Gonzalez v. United States, 553 U.S. 242 (decided May 12, 2008): consent of counsel, and not of his client, sufficed to allow magistrate (and not judge) to preside over voir dire in felony case ​

Cuyler v. Sullivan, 446 U.S. 335 (decided May 12, 1980): defendant sharing counsel with other defendants was entitled to Fourteenth Amendment protections in state criminal trial, but under Sixth Amendment right to Assistance of Counsel trial court must inquire only into any actual (not potential) conflicts of interest between defendants

[David Nieporent]

Johnson v. Mississippi, 421 U.S. 213 (decided May 12, 1975): state law did not prevent criminal defendants (accused of illegal boycotting of white-only businesses) from asserting their federal rights so as to invoke 28 U.S.C. §1443(1); remand order therefore not appealable ​

In 1975, still using the term "Negros." I was only 4 at the time, so I don't remember. By the time I have any memories of public discourse, "black" had completely replaced "Negro."

The decision here was correct; you can't remove a state criminal prosecution to federal court merely because you contend the law under which you're being prosecuted is unconstitutional. I wonder what ultimately happened in this case.

[Dr. Ed 2]

"Perhaps Mr. Innis was aware of the school and knew the policeman’s concern as to disabled children picking up his gun was a legitimate one.) "

An innocent man would have too...

[Longtobefree]

Groundhog day?

[Frank Drackman]

"The order recited that she was then a prostitute and inmate of a house of prostitution, and that she was a prostitute at the time of entry, and entered the United States for the purpose of prostitution or for an immoral purpose."
Those Jobs "Amuricans just won't do anymore"!!!

Frank "Hey Now"!!

[apedad]

“We should all buy more American made products which at last check are down to porn and cheeseburgers.”

Peter Griffin, Top Ten Things, Late Show with David Letterman, February 23, 2006.

https://www.youtube.com/watch?v=Qfwhf7Xrai0

[Krayt]

Hill v. Stone, 421 U.S. 289 (decided May 12, 1975): denial of Equal Protection to restrict voting on city bond issue to those who would directly bear the resulting tax increase (i.e., property owners); this is not a “special interest” election (where the franchise can be restricted appropriately) because all citizens would bear cost in some way (this was to build a new library)

Welp, it's official. Democracy is three wolves and a sheel voting on lunch.

Bugajewitz v. Adams, 228 U.S. 585 (decided May 12, 1913): determination that petitioner had entered country to practice prostitution and therefore would be deported did not require evidence of conviction of prostitution in home country

Oh, now all politicians are suddenly concerned with immigrants competing for domestic jobs.

[Frank Drackman]

Justice Iredell would fit right into todays Political scene,
"Iredell mirrored contemporaries like Thomas Jefferson and George Washington in openly condemning slavery while participating in the practice itself. Iredell owned 14 slaves in 1786, and he and his wife Hannah both owned slaves at the time of their deaths"

[Rev. Arthur L. Kirkland]

noscitur a sociis is awarded a Noble Prize for identifying error in Today in Supreme Court History for observing that that the oath did not take 152 days to recite.

captcrisis earlier earned a Noble Prize with respect to May 12 for noting an incorrect month.

This is not the first time two Noble Prizes were awarded on the same day.

[Dilan Esper]

In my experience, hundred year old (or more) opinions that deal with any aspect of sex (Bugajewitz v. Adams was a case involving a sex worker, but the principle applies to rape and sodomy cases as well) tend to be very short. Judges hated discussing the details unless they had to.

[Dan Schiavetta]

I was about to say that.

Also the judges didn’t want to appear to be too interested in the facts.