Today in Supreme Court History: October 26, 1774

10/26/1774: First Continental Congress ends its first session in Philadelphia.

Comments

[apedad]

Welcome back!

[Dan Schiavetta]

United States v. Kurtz, 164 U.S. 49 (decided October 26, 1896): this mundane case concerns how a clerk’s fee is to be calculated — by transaction? by entire case? does entering jury information count? incredibly, there was already a body of case law on this question, some of it by the Court

Arciniega v. Freeman, 404 U.S. 4 (decided October 26, 1971): chatting with co-workers who happened to have criminal records was not a violation of parole

American Ry. Express Co. v. Daniel, 269 U.S. 40 (decided October 26, 1925): shipper bound by stipulation setting lower rate even though higher rate (because the goods were above a certain value) should have applied

[The Margrave of Azilia]

I knew you'd be bahk.

Apparently the parolee worked in a "restaurant-nightclub," and the Supremes didn't want a parolee to have to quit his job simply because his rehabilitation-friendly boss chose to hire more than one felon as a worker.

[Syd Henderson]

"United States v. Kurtz": well don't leave us in suspense, how do you calculate it?

[Dan Schiavetta]

My point is not to bore you, but to show how the Court spends a lot of time on boring clerical stuff. Any practicing lawyer knows that this is important. So much in our line of work depends on getting things past the clerk.

A friend of mine wrote a novel about a lawyer who doubles as a secret agent. We see him hopping onto a secret helicopter pad on top of his office building, engaging in gunfights with terrorists, having sex with women on three continents. (If that’s the life of a lawyer, I must have had some kind of extended blackout, because I don’t remember that stuff at all.) I was too nice to tell my friend this, but the novel is basically James Bond-imitation trash. The only scene which held my interest was when he’s in line at the Motion Support office in the Queens County courthouse at 4:45 p.m., waiting to get an emergency order signed before the office closes. What is the fee for that? Will they insist on a cashier’s check? Will they take cash? That was gripping.

[SRG2]

"I would file that motion quickly, Mr Bond"

[Dan Schiavetta]

The clerk turns out to be a Blofeld plant. The heavy scar on his wrist, in comparison to the usual paper cuts, is the “tell”.

“I’m sorry, you have to fill out Form X-2 with this application.”

“Form X-2? Is that new?”

“It’s on our web site.”

“I checked. I didn’t see it there.”

“Oh, our mistake. Anyway, there’s a hard copy you can fill out.”

“Where?”

“There’s a stack of them on the end table over there, next to the old suicide notes and the rotary phone which has been disconnected since 1982.”

“I don’t see any.”

“Must have run out.” (scary music) “Come back . . . tomorrow!”

[end credits]

[“James Bond will return next year in Death by Malpractice”]

[SRG2]

"Blofeld, do you expect me to talk?"

"No Mr Bond, I expect you to wait quietly in line until your number is called, and then go to the counter with the number showing, making sure you have all your documents" etc etc.

----
"Now Bond, here's something we've been working on. It allows you to keep confidential documents together. It has a steel core with a plastic casing, can survive being thrown great distances, and can easily be refilled."

"Very impressive, Q. What do you call it?"

"A stapler. And Bond, please do put it down."
---
"What can I get you?"

"Vodka martini, shaken not stirred"

"Sorry sir, this is a Starbucks".

[Dan Schiavetta]

lol

[Commenter_XY]

Peyton Randolph sends his regards... 🙂

[Mr. Bumble]

The VC commenters favorite whipping boy is back.

[Frank Drackman]

"First Continental Congress ends its first session in Philadelphia"
To bad our current Congress won't end their session today (and not come back)

[zvwmzvwmzvwm]

Nothing happened in the Supreme Court in 1774, did it?

[The Margrave of Azilia]

That's what *they* want you to think.

[Dan Schiavetta]

Thanks! My morning routine was more dependent on Josh than I wanted to admit.