Today in Supreme Court History: May 27, 1935

5/27/1935: Schechter Poultry Corp. v. U.S. decided.

Comments

[Dan Schiavetta]

Schechter Poultry Corp. v. United States, 295 U.S. 495 (decided May 27, 1935) (the “sick chicken case”): invalidated many provisions of National Industrial Recovery Act (which allowed Executive Branch to issue regulations as to sale of chickens, and as to wages, prices) as improper delegation of Congressional power, and outside Congress’s authority anyway because Commerce Clause power did not extend to effects on interstate commerce which were only indirect

​San Antonio v. Hotels.com, LP, 593 U.S. --- (decided May 27, 2021): FRAP 39(e), entitled “costs on appeal taxable in the District Court”, refers only to the location of the entry of costs and does not allow the District Court to change the determination of the Circuit Court as to costs on appeal made pursuant to 39(a)

​SEC v. W.J. Howey Co., 328 U.S. 293 (decided May 27, 1946): an offering of units of a citrus grove development was an “investment contract” under the Securities Act of 1933 and therefore had to be registered as a security

United States v. Schwimmer, 279 U.S. 644 (decided May 27, 1929): pacifist denied citizenship because during interview she refused to promise to take up arms in defense of the United States (not that, as a female, she would ever be required to!)

​Plumhoff v. Rickard, 572 U.S. 765 (decided May 27, 2014): not unreasonable and not use of “excessive force” to shoot into vehicle during dangerous high-speed chase (over 100 mph); qualified immunity in §1983 suit

​Humphrey’s Executor v. United States, 295 U.S. 602 (decided May 27, 1935): commissioners with quasi-judicial-legislative (as opposed to executive) functions (like the FTC) can be removed by the President only for the reasons cited in the enabling act (such as “inefficiency, neglect of duty, or malfeasance” in the FTC Act)
​
Green v. School Board of New Kent County, Va., 391 U.S. 430 (decided May 27, 1968): allowing students to choose the “white school” or the “black school” was in violation of Brown because black students in the previously all-white school were harassed and there was no integration as to 1) faculty, 2) staff, 3) transportation, 4) extracurricular activities or 5) facilities.

Hall v. Florida, 572 U.S. 701 (decided May 27, 2014): IQ is not sole factor of intellectual disability; striking down on Eighth Amendment grounds Florida rule that once IQ is found to be more than 70 no further exploration of lack of capacity defense is permitted

Downes v. Bidwell, 182 U.S. 244 (decided May 27, 1901): goods from territories (oranges from Puerto Rico) were “imports” subject to duty charges because Congress can create revenue laws specific to territories (despite art. I, §8 which requires all duties to be uniform throughout the U.S.)

​United States v. Causby, 328 U.S. 256 (decided May 27, 1946): disruptive use of airspace over property (Army planes coming off abutting airstrip which panicked and killed farmer’s chickens) was a compensable “taking” under the Fifth Amendment. (My grandparents lived across the street from a defense plant runway and the noise of fighter planes seeming to almost touch the chimney used to scare us; as we got older we got used to it.)

[The Margrave of Azilia]

“United States v. Schwimmer, 279 U.S. 644 (decided May 27, 1929): pacifist denied citizenship because during interview she refused to promise to take up arms in defense of the United States (not that, as a female, she would ever be required to!)”

The decision was prophetic – they weren’t going to commit themselves to the sexist and transphobic view that women could never be drafted.

More seriously – Schwimmer and a later case to the same effect were overruled just after WWII, in Girouard v. U. S. –

https://www.law.cornell.edu/supremecourt/text/328/61

The petitioner was a Seventh Day Adventist the Adventists served in the military in noncombatant positions, which could translate into being a medic and saving lives of other soldiers, even under fire (look up Desmond Doss, who even earned a Mel Gibson movie as well as military honors). A more sympathetic case for overruling Schwimmer can hardly be imagined.

Later Congress made more specific rules – the naturalization oath was amended to include clauses promising service in the military when called for, but you can be exempt from that if you prove sincere pacifism – either opposition to bearing arms or full-on objection to any military service.

[Dan Schiavetta]

Thanks.

In 1980 I was at a state student convention where a resolution against the newly-reinstituted draft was taken up. It got cluttered with so much feminist ideology language that when I got back to my campus I didn’t publicize it. There were arguments that women might also be drafted. But in truth only men had “skin in the game” and maybe they should have been the only ones allowed to vote on the resolution. (I can imagine how that proposal would have gone over!)

[Mr. Bumble]

On what basis is women not having to register with selective service justified today?

[Dan Schiavetta]

Good point

[Frank Drackman]

Because the Draft was historically used to fill the ranks of the "LEGS" (Army Slang for "Low Entry Ground Soldier") and even the Marine Corpse had to resort to the Draft during Veet'Nam, to get enough 0311's (See "Full Metal Jacket")
and even though Bee-otches are allowed to serve in the Infantry they detract from Combat Effectiveness, the pussy's always bleeding too much, not bleeding enough, even when it's just bleeding normally they get the monthly flow/cramps,

Oh yeah, a Draft? you get a fucking riot if some insane N-word gets tapped out on a NYC subway, like you'd get peoples to show up for Induction physicals. (You seen this current generation? it's like 90% kids who used to get beat up for being fat slobs)

Frank

[Rev. Arthur L. Kirkland]

you get a fucking riot if some insane N-word gets tapped out on a NYC subway,

Another day, another day of bigotry at America's official legal blog of white, male, conservative disaffectedness.

I recognize that plenty of Volokh Conspirators and their fans wish I would stop directing attention toward this blog's everyday, multifaceted bigotry.

Those bigot-appeasing right-wingers are welcome to line up alphabetically and kiss my ass.

Carry on, clingers.

[Frank Drackman]

My bad, "Coach"
I ask for unanimous consort to extend and revise my remarks,
" You get a DARN riot if some insane N-word gets tapped out on a NYC subway"

and sorry "Coach" I'm a pitcher, not a catcher, so I won't be showing up for your "Campus Visit"

Frank "Lefty"

[Dilan Esper]

I think the more obvious point is that the draft statute hasn't been updated since women were approved for combat roles and in our polarized society and with our outrage-driven news cycle, there's no hope that they ever would update it.

[Frank Drackman]

and unfortunately (for the 2 guys/gals), 2 guys/gals showing up and singing a round of "Alice's Restaurant" won't get them rejected for being faggots/lesbos, actually probably would get them sent somewhere "Special"

Frank

[SRG]

In Hall. how surprising is to to find Alito, Rehnquist, Scalia and Thomas supporting the execution of someone with an IQ of 71 because it's above Florida's threshold of 70?

Alito deliberately confuses the people's judgment of "evolving standards of decency" wrt intellectual disability, and the people's ability to determine what intellectual disability is. To say, "the People don't approve of executing the intellectually disabled" and "the People should let trained professionals determine what objectively constitutes intellectual disability", rather than, as Alito does here, think that both should be left to the People (in sundry states), seems more logical and reasonable. But then, such an argument would interfere with the execution, and Alito, etc. just lurvs him an execution.

[Mark Regan]

Roberts, not Rehnquist, was among the dissenters. Hall v. Florida was a 2014 case. Alito and Roberts joined the Court after Rehnquist died in 2005.

[Frank Drackman]

Don't bother, "SRG" has an IQ of 71

[SRG]

Sorry - I was typing out the list without checking and unconsciously wrote Rehnquist rather than Roberts.

[The Margrave of Azilia]

"I blacked out, and when I recovered, the screen was covered with words I didn't recognize. Honest, ladies and gentlemen of the jury, I had no consciousness of what I was doing."

[Frank Drackman]

Good try, but SRG's original description of his stupidity is better.
I'm trying to think in what circumstances I would "Unconsciously" type "Rehnquist"

Frank

[Frank Drackman]

So being stupid makes you ineligible for execution?? For all their so called "Smarts" the Rosenbergs would qualify.

[SRG]

So being stupid makes you ineligible for execution?

Yes, Frank, but do you still want to spend years in prison? So don't do it.

[Frank Drackman]

Wow, I'm getting insulted by a mongoloid with an IQ of 71, don't blow your nose to hard SRG, you'll blow (what's left of your) brain out.

Frank

[Frank Drackman]

https://www.tampabay.com/news/courts/criminal/halls-35-years-on-death-row-illustrate-floridas-flaw/2149795/
OK, looking at a photo of Freddy Hall after his arrest for murdering a Pregnant Woman and some other dude (Should have just argued he was an Abortionist, and something else about the other guy)
Lets see, No Shirt, and he's wearing a "Rerun" hat (https://en.wikipedia.org/wiki/What%27s_Happening!!)
While it'd be better to rid the Earth of his existence, like you'd do with a rabid dog, or a pile of dog shit, since Global Warming is as big a pile of dog shit, I don't particularly care that he's living out the rest of his addled days in a Florida Prison (Maybe they can get him transferred to bunk with Coach Sandusky)

Frank

[Brett Bellmore]

No matter where you set the threshold, somebody's going to be one point above it. If you're going to HAVE a threshold in the first place, one point above it has to be above it.

Anyway, how smart do you have to be to know you shouldn't murder somebody?

[Frank Drackman]

Not very, I know it for one, and I'm an Idiot.

[Gandydancer]

"...in February 1978... Hall and his accomplice, Mack Ruffin, kidnapped Hurst, 21 and seven months pregnant, from a grocery store parking lot in Leesburg, drove her to a remote area and raped her. She begged for her life... before Hall shot her. Ten years earlier, Hall had raped another woman in Sumter County. He gouged her eyes out with his fingers to prevent her from identifying him, but he was still convicted and sent to prison [not long enough!]. / The two men made their way to Ridge Manor, where they intended to rob a convenience store. Deputy Coburn, 25, responded to the suspicious men. He struggled with Hall, who got control of his service revolver and shot him."

Yeah, I'd lurve me an execution, too. Preferably about 45 years ago, or more.