Today in Supreme Court History: July 17, 1862

7/17/1862:  Congress enacts the Confiscation Act, which empowers the government to seize the property of the rebels. The Supreme Court considered the constitutionality of that law in The Confiscation Cases (1873).

The Chase Court (1873)

Comments

[Dan Schiavetta]

Rubin v. United States, 524 U.S. 1301 (decided July 17, 1998): Rehnquist denies motion to stay subpoenas for testimony of Secret Service officers as to what they overheard Clinton say in regard to the matters Kenneth Starr was investigating; Rehnquist concedes that “confidentiality” and “the physical safety of the President” are implicated, and assumes for the purpose of the motion that cert would be granted, but then denies the application on the grounds that the Circuit Court’s decision requiring compliance would be affirmed (?). Cert was denied, 525 U.S. 990, with strong dissents from Breyer and Ginsburg noting the history of Secret Service agents in close proximity to the President (and within earshot) foiling assassination attempts.

Benten v. Kessler, 505 U.S. 1084 (decided July 17, 1992): rejecting pregnant woman’s request for return of the French abortion pill RU-486, which had been confiscated when she entered the country

Reproductive Services, Inc. v. Walker, 439 U.S. 1307 (decided July 17, 1978): In this abortion case involving medical malpractice and false advertising, where records as to five other patients had been subpoenaed, Brennan stays Texas court proceedings pending filing of a cert petition because the parties could not agree on keeping the patients’ names confidential. Brennan says that the issue presented -- whether patient names can be obtained without a protective order -- would merit granting cert, but cert was in fact denied on jurisdictional grounds, 439 U.S. 1133 (1979).

[Dan Schiavetta]

Today's movie review: Mary Poppins, 1964

The crowning achievement of Walt Disney's lifetime, this has been justly praised. It is an important movie to me, personally.

As a child -- I was 7 when it came out and was part of its first audience. I suppose it's the reason I became basically an Anglophile -- the idea of tiny England as the seat of history's biggest empire, a country of eccentrics (like Uncle Albert and Admiral Boom), a magical place (though real-life chimney sweeps understandably hate that movie). Someday I'll go there, even though in present circumstances it doesn't seem likely (my son and daughter went in 2018; in 2005 my wife and I were about to go with $ from my son-in-law but couldn't quite swing it; instead we drove to Montreal, which was a fine experience in itself).

As an adult -- Doug Walker has put this better than me -- see his "Top Ten Movie Moments" video. He puts as #1 Mr. Banks (played by the underrated David Tomlinson) walking through nighttime London to get sacked. Like Mr. Banks, I am a father who has been financially ruined through no fault of my own (though with me it was happenstance; with him it's poignantly because of the impulsive act of his young son). Mr. Banks gets his job back at the end, though I have no such assurance. Who will hire someone my age with no connections? The foreclosure notice finally came in last week. It would have been worse if my kids were younger, but the fact remains that they are now faced with crushing college loan debt which they entered into with my assurance that I would help them pay it -- which I now can't.

This is getting personal, but -- law is a rough business. In my situation I would have gotten places by going along with the ambient racism, misogyny and homophobia. Stupidly, I refused.

When I was in high school I tutored a kid in fourth grade. I was invited over for supper and the topic of Mary Poppins came up. His father, who rarely spoke, said, "That was a good movie," which surprised me, but now I think I know why he said that. Any father supporting a family would be affected by that scene.

Back to other things -- the script is very literate. Mr. Banks talks about Edward VII, the "future empire", and uses the phrase "noblesse oblige". Did Disney expect kids to understand that? And the centerpiece is "Feed the Birds", the only slow song, the one that begins the opening credits. Kids can't understand helping poor people. But they can understand feeding hungry birds. ("Their young ones are hungry, their nests are so bare"). I see now it was an ingenious way to plant into the minds of its young audience the seeds of social responsibility, which is important to any civilized society, no matter what your political leanings.

[Magister]

Sorry for your misfortune. I hope your job search is successful.

That is a great movie with a lot of incidental commentary that kids would not understand. Saving Mr. Banks is an interesting account of the making of the Disney movie and the origin of the stories. Tomlinson was also in Bedknobs and Broomsticks; surprisingly, Disney did not do a lot of movies mixing animation with live action.

[Syd Henderson]

Hopefully your job search goes well. I liked "Mary Poppins Returns" too and you'd relate to that now as well.

[Dan Schiavetta]

Some other nice bits in that movie:

(Admiral Boom does his daily morning thing; piano rolls up to George; he puts his tea cup on it and plays a couple of notes.) George: And another thing — we should get this piano tuned! Winifred: But you don’t play, dear! George: Madam, that is entirely beside the point!

Bert passes the hat after a one-man-band performance. He finds himself in front of a policeman (sorry, a Bobby). Dropping that horrible accent for once, Van Dyke pulls the hat away and says, “No charge!”

The song “Fidelity Fiduciary Bank” is a good summary of how Britain grew and maintained its empire. And after watching the following scene, even a child would understand how a “run on the bank” starts and why it is bad news.

I had a one night stand with a girl who decided she wasn’t turned on when we got to the bedroom. Instead she noticed I had the album and played “Sister Sufragette”. This was 1982 or so. By then I was beginning to think I had a talent for turning het women into lesbians.

When Mary is invited to hang out with the chimney sweeps, she powders her face with black soot.

The sweeps are in favor of “votes for women!” but in real life they were probably opposed. Also this was before the last barriers dropped even as to men in 1918 and probably some of the sweeps themselves were not eligible to vote. (The 1918 reform gave the vote to women — or as Philomena Cunk would say, “not only that, but a different vote for each woman, which seemed more fair" — but with a property requirement.)

The drawings of nighttime London are beautiful, but you wonder about all the lung disease caused by that smoke.

[Mr. Bumble]

Maybe this daily post by Blackman needs to go into recess for the summer, like the SC and come back in October.

[Dan Schiavetta]

Much can be said about the Rubin decision.