Today in Supreme Court History: May 21, 2007

5/21/2007: Bell Atlantic Corp. v. Twombly decided.

The Roberts Court (2006)

Comments

[Dan Schiavetta]

Bell Atlantic v. Twombly, 550 U.S. 544 (decided May 21, 2007): mere allegation of parallel conduct insufficient to state an antitrust claim by subscribers against local telephone companies created in the wake of the antitrust breakup of AT&T

Epic Systems Corp. v. Lewis, 584 U.S. — (decided May 21, 2018): Federal Arbitration Act bars Fair Labor Standards Act class actions by employees whose employment contracts have arbitration clauses despite the FAA’s exception for federal law violations

May v. New Orleans, 178 U.S. 496 (decided May 21, 1900): when imported bulk goods were opened and sold as separate packages they were no longer “imports” and therefore City’s tax assessment was not unconstitutional State-based tariff in violation of Import-Export Clause (art. I, §10, cl. 2)

In re Green, 369 U.S. 689 (decided May 21, 1962): picketer arrested for defying anti-picketing state court order should have been allowed a hearing to argue that contempt order was void because picketer’s grievance fell within NLRB’s exclusive jurisdiction

Wagner Electric Mfg. Co. v. Lyndon, 262 U.S. 226 (decided May 21, 1923): District Court appeal which should have gone directly to the Supreme Court (under 28 U.S.C. §238(a), now repealed) but was appealed to the Circuit Court would be decided directly by the Supreme Court instead of sending it back to the Circuit Court to transfer back to Supreme Court (!)

Baltimore & Ohio Ry. Co. v. ICC, 221 U.S. 612 (decided May 21, 1911): statute setting maximum hours of common carrier employees was properly within Commerce Clause (even though business was mostly intrastate) and Interstate Commerce Commission was properly empowered by Congress to enforce it; requirement that carriers supply monthly reports of excess hours did not violate Fifth Amendment because privilege against self-incrimination is enjoyed by individuals, not corporations

Holder v. Martinez Gutierrez, 566 U.S. 583 (decided May 21, 2012): years that parent already resided in this country before child arrived do not count toward five-year minimum lawful presence requirement so as to cancel removal under 8 U.S.C. §1229(b)(a) (child, now young adult, subject to removal for drug offense)

Barnicki v. Vopper, 532 U.S. 514 (decided May 21, 2001): First Amendment protected broadcast of surreptitiously recorded cell phone call between teacher’s union officials during collective bargaining negotiations (distinguishing Pamela Anderson/Tommy Lee sex tape case, Michaels v. Internet Entertainment Group, 5 F. Supp. 2d 823 (C.D. Cal. 1998)) which involved matter of private concern)

Chaffin v. Stynchombe, 412 U.S. 17 (decided May 21, 1973): higher sentence imposed by jury on retrial is not “Double Jeopardy” because jury not informed of first conviction and sentence not due to vindictiveness (charge was robbery, sentenced to 15 years, lawyer thought he was doing client a favor by getting conviction thrown out due to incorrect jury instruction; retrial sentence was life imprisonment — d’oh!!)

[F.D. Wolf]

In North Carolina v. Pearce (1969), the Supreme Court overturned the convictions of two defendants who had received harsher sentences on retrial. In both cases, the sentences had been imposed by judges. While the Court held that a harsher sentence on retrial did not violate Double Jeopardy, due process required an affirmative statement from the court as to why a harsher sentence had been imposed on retrial in order to be certain vindictiveness was not a factor. However, as captcrisis noted, in Chaffin v. Stynchombe (1973), the Court held that the Pearce restrictions do not apply when a jury imposes the sentence, as long as the jury is unaware of the previous sentence and there is no evidence of vindictiveness.

The usual practice is for a judge to impose the sentence, and jury sentencing is relatively uncommon. When Chaffin, out of Georgia, was decided in 1973, twelve states allowed some form of jury sentencing. Today it is six. Georgia itself would eliminate jury sentencing in 1974. In my state of Texas, in a non-capital case, the defendant may elect before trial to have either the judge or the jury impose the sentence. This decision will be based largely on the reputation of the judge, and as most judges are traditionally elected on "tough on crime" platforms, defendants tend to choose the jury.

[Dan Schiavetta]

Very instructive. Thanks!

[Dr. Ed 2]

The baby bell was NYNEX - NE + NY. That expanded to Bell Atlantic and now Verizon. And we are back where we started.

[TTT]

Not quite. The long distance market is still competitive. And, mobile phones allow people to bypass the ILECs.

[Rev. Arthur L. Kirkland]

Which of the disaffected, bigoted conservatives at this right-wing site were peddling this rubbish a few days ago? Anyone want to apologize and pledge to try to be less gullible?

Carry on, clingers. So far as better Americans permit. Not a step beyond (at least, not in the reality-based world).

[Mr. Bumble]

Probably saw that the NYT and WAPO won Pulitzers for promoting lies and thought they could get away with it too.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Right wing? Perhaps you should read today's Reason article.

Cling on!

[Sam Bankman-Fried]

Have values, not an ideology. Bushism wasn’t the most evil ideology but it was the most asinine—neoliberalism combined with neoconservatism with a heaping spoonful of Christian fundamentalism.

[Rev. Arthur L. Kirkland]

This blog pretends to be libertarian, but it is a right-wing operation (movement conservative, with an extra helpings of gun nuttery, superstition, and bigotry).

[Sam Bankman-Fried]

Republicans are the winners from Biden’s immigration/border success…Cuban asylum seekers can become citizens within a year of arriving in America. So that’s why Republicans are fine with the status quo with respect to immigration/border.

[Intelligent Mr Toad]

Off-topic: is this propaganda or parody?

https://www.youtube.com/watch?v=qtZUeHmpV6A

[Dan Schiavetta]

Neither — it is the truth, for so many. And not just women. And it's well done.

[Gandydancer]

Who is the fat guy? Instrumentalist/composer behind the two girls?