Today in Supreme Court History: July 2, 1908

7/2/1908: Justice Thurgood Marshall's birthday.

Justice Thurgood Marshall

Comments

[Dan Schiavetta]

Woke up, folks. Drank way too much last night. For some reason the tune “Stranger in Paradise” (stolen from some classical composer, I forget now) is ear-worming through my brain.

Thanks to Queen for doing her own research. Maybe her “batting average” (more apt, her "fielding percentage") will be better than mine.

Gregg v. Georgia, 428 U.S. 153 (decided July 2, 1976): death penalty is ok if character/history of defendant taken into account and appellate review provided (in a sense reversing the judgments in Furman v. Georgia, 1972)

Roberts v. Louisiana, 428 U.S. 325 (decided July 2, 1976): death penalty is unconstitutional if it’s mandatory for certain crimes (this decision cited Gregg)

Proffitt v. Florida, 428 U.S. 242 (decided July 2, 1976): Florida death penalty is now o.k. because it has been changed along the lines of the Georgia law in Gregg

​Fullilove v. Klutznick, 448 U.S. 448 (decided July 2, 1980): upholds against Equal Protection attack statute requiring 10% of funds for public works to go to minority contractors (fractured opinions, which allowed a later Court to more or less overrule this case and require strict scrutiny for such set-asides, Adarand Constructors v. Pena, 1995)

New York v. Ferber, 458 U.S. 747 (decided July 2, 1982): First Amendment not violated by bans on children engaged in sexual activity (here, boys masturbating) even if not “obscene” (i.e., even if it has educational value and does not involve putting penis into some orifice)

Hobby v. United States, 468 U.S. 339 (decided July 2, 1984): even if there was discrimination in the selection of grand jury foremen (for 7 years, none had been black) that does not violate due process so as to dismiss indictment

​Randall v. Loftsgaarden, 478 U.S. 647 (decided July 2, 1986): even when purchased as a tax shelter, the rescission benefits awarded to an investor after fraud is found does not act as setoff to the tax benefits received from the shelter

Berkemer v. McCarty, 468 U.S. 420 (decided July 2, 1984): Miranda warning must be given when arrested for misdemeanors (drunk driving — which the Court called a “minor traffic offense”??) and well as felonies

Columbus Board of Education v. Penick, 443 U.S. 449 (decided July 2, 1979): Columbus, O. school district in violation of Brown desegregation order because its practice of assigning only black teachers to black schools and pattern of new school placements had effect of perpetuating segregation

Richmond Newspapers v. Virginia, 448 U.S. 555 (decided July 2, 1980): closure of courthouse for criminal trial (defense moved for it, no one objected) was in violation of Sixth Amendment (public trial) and First Amendment (freedom of press); extensive opinion going through the historical rationale for Sixth Amendment right; distinguished Gannett v. DePasquale, 1979, which dealt only with pretrial arguments, not trials

[Mr. Bumble]

Richmond Newspapers v. Virginia,: How does this square with the Chauvin trial?

[Dan Schiavetta]

? Both cases enforced the "public trial" provision of the 6A.

When I was in law school there was debate over televising trials. I'm not a criminal lawyer, but the cases I've tried would make for terrible TV.

Some years ago I was watching a TV show (I think it was "Law and Order") with my mother. A lawyer stood up and said "What?!" It was a dramatic scene. My mother asked me if it was like a real trial. I said, "In a real trial nobody says, 'What?!'" Trials are boring, especially the lawyers.

[Dan Schiavetta]

P.S. "Stranger in Paradise" is from the musical "Kismet" (no, not a dying order from Admiral Nelson revealing his long-repressed homosexuality).

[Dan Schiavetta]

The version going through my brain is from Tony Bennett, in my view a great singer and arranger, though I never believed the hype that he was a hit with the MTV generation.

[Alpheus W Drinkwater]

According to Wikipedia, an instrumental version of the song was used in the Russ Meyer movie "Beneath the Valley of the Ultra-Vixens." I was imagining you drinking and watching that masterpiece.

[Dan Schiavetta]

I did see that movie when it came out but 1) I wasn't drinking age then (it was 18 in those days) and 2) I was so fixated on Uschi Digart's boobs that I wasn't exactly noticing the soundtrack.

[Alpheus W Drinkwater]

Okay, now I have to find it and watch it.

[Dan Schiavetta]

I misspelled her name. It should be “Digard”. (Spelling was not important in the era before internet searches.)

Also I think the movie was actually “Super Vixens”. Check out the hay loft scene. (In Marxist circles I would be called a “substitutionalist” — I want to substitute myself in for that guy.)

[Dan Schiavetta]

The tune was cribbed from the composer Alexander Borodin, his 1890 opera "Prince Igor".

[Mr. Bumble]

Will "show tunes" be a new feature on the VC?

[Dan Schiavetta]

https://youtu.be/JjuF_wiOds0

Sometimes I feel like Rocko (the last 10 seconds).

[Rev. Arthur L. Kirkland]

Will “show tunes” be a new feature on the VC?

I certainly hope so.

(Skip to 5:00 for the show)

(Officially not gay.)

[Jerry B.]

Who are you and what have you done with the Rev.?

[SRG]

Specifically, the "Gliding Dance of the Maidens" from the Polovtsian Dances.

[F.D. Wolf]

On July 2, 1776, the Second Continental Congress voted to adopt the resolution offered by Virginia delegate Richard Henry Lee to formally separate from Great Britain.

Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.

That it is expedient forthwith to take the most effectual measures for forming foreign Alliances.

That a plan of confederation be prepared and transmitted to the respective Colonies for their consideration and approbation.

[Mr. Bumble]

247 years and counting.

[David Nieporent]

…and thus, according to Brett Bellmore, everyone is an idiot and historical illiterate for celebrating Independence Day on July 4.

[Dr. Ed 2]

Yes, they are. See above about John Adams' letter to his wife.

And the Bunker Hill monument is actually on Breed's Hill.

And the "Salem" witches actually lived in Danvers.

And....

[Hugo S. Cunningham]

As he began to age, Justice Marshall was circled by some right-wing vultures, hoping to bully him into yielding his seat on SCotUS to a likely right-wing replacement. Marshall replied, ""I have a lifetime appointment and I intend to serve it. I expect to die at 110, shot by a jealous husband."

[Mr. Bumble]

It's Sunday on a long holiday weekend. Give the guy a break if he slept in.

[Dr. Ed 2]

In a letter to Abigail, John Adams wrote that future generations would celebrate July SECOND as the birthday of a great nation.

I'm not making this up....

[Dan Schiavetta]

Thanks

My best cure for a hangover is a couple of glasses of chocolate milk. For one thing, it takes me back to snack time in Catholic school, when I was a wholesome straight A student, and not the product of 50 years of debauchery.

[Rev. Arthur L. Kirkland]

Give the guy a break if he slept in.

You seem to be exceptionally bad at missing most (especially normal) signals in human interaction. Have you been diagnosed as having a particular problem in that regard?

(This question is directed toward Mr. Bumble but also applies to most of the Volokh Conspiracy's right-wing fans.)

[Dan Schiavetta]

Regular milk is too bland and might make the person nauseous.

When I was in the crisis hotline business (1970s to 1980s) I recommended chocolate milk for people who had had a bad drug or alcohol experience and needed something in their stomach. At the time I didn’t know about lactose intolerance and I probably made them worse a few times.

[Dr. Ed 2]

By the book, at least today, is medical attention and activated charcoal and/or stomach pumping, under medical attention.

Just sayin.....

[Dan Schiavetta]

There's no need for that if it's not an overdose, just an unpleasant experience. Having something in the stomach vitiates the effect of the drug. Also if they're still "flying" or on a bad trip going to the ER can be very upsetting.

We had a TV in the counseling room (this was when I was on the college hotline) and that could also be soothing. My shift was Thursday nights and nothing got people comfortably back to earth better than watching "The Waltons".

[Dan Schiavetta]

Imagine his surprise on July 2, 1826 when, old and forgetful, he was reminded he had to hang on for two more days.