Today in Supreme Court History: November 18, 1811

11/18/1811: Justice Gabriel Duvall takes judicial oath. Professor David P. Currie said that an "impartial examination of Duvall's performance reveals to even the uninitiated observer that he achieved an enviable standard of insignificance against which all other justices must be measured."

Justice Gabriel Duvall

Comments

[Dan Schiavetta]

"an enviable standard of insignificance against which all other justices must be measured."

Queen v. Hepburn

[F.D. Wolf]

Here are a couple of fun facts about Queen v. Hepburn. Queen, in her freedom suit, was represented by Francis Scott Key, the prolific Supreme Court litigator and future writer of the "The Star-Spangled Banner". (You probably knew that one, but the kicker is next.) Key called four witnesses to testify on behalf of Queen. The last was a noted and highly-respected Maryland attorney who had brought and won dozens of freedom suits, including some for members of Queen's family, an attorney who would one year later be appointed to the United States Supreme Court: none other than Gabriel Duvall.

Probably one for the "should-have-recused " file. A lot of the case documents are online:

https://earlywashingtondc.org/cases/oscys.caseid.0011

[Dan Schiavetta]

Thanks!

Similarly, in Wood v. Davis, 1812, summarized here on March 9, Key argued for the slaveowner and Duvall for the slave. But . . . Duvall was already on the Court by then!

In Wood, John Marshall reversed a judgment of freedom, accepting Key’s argument that just because the mother is free doesn’t mean her children are free. Good times!

(Marshall himself should have recused himself in Marbury v. Madison, of course.)

[F.D. Wolf]

Crazy times indeed. Future chief justice (and brother-in-law of Francis Scott Key) Roger Taney argued his first case in front of Duvall when Duvall was a judge of the Maryland General Court. Taney himself, believe it or not, represented some slaves in freedom suits. (I am curious as to who was paying for these freedom suits. It's not as if slaves had lots of disposable income. Were they pro bono?)

[Dan Schiavetta]

Perhaps paid for by the person who was going to employ them once freed?

[Dan Schiavetta]

Ohio v. Robinette, 519 U.S. 33 (decided November 18, 1996): search of car was truly consensual even though police officer didn’t first tell driver he was “free to go” (police asked to search, driver said yes, and drugs were found)

Pennsylvania Bureau of Correction v. United States Marshals Service, 474 U.S. 34 (decided November 18, 1985): habeas statute does not allow federal judge to order marshals to bring state prisoners to the courthouse as witnesses; subpoena can only be served on those having custody (suit was over state prison guard brutality)

Recznik v. City of Lorain, 393 U.S. 166 (decided November 18, 1968): apartment above cigar store was not “public establishment” and therefore warrant needed for entry (police had seen parked cars outside and people entering; they entered through back door and saw a dice game in progress and made arrests for gambling)

[Frank Drackman]

Kinder Gentler Frank from Tel Aviv, working on the Sabbath (hey, another great Hebrew Southpaw, Sandy Koufax pitched on the Sabbath, just not the High Hole-y days)
Well that Professor Curie doesn't sound kind or gentle, looked him up on the Wikipedia, all he did was Academic law from age 26 until he shuffled off this moral coral in 2007 (If there's a Jay-hey Justice Gabriel was at the Pearly gates to meet him with dueling pistols). Now I-ANAL but isn't it useful to actually practice law for awhile before teaching it? Even Barry Hussein O had a case or 2 in Federal Court. Not saying Saul Goodman should be a Surpreme, but...
Did you know they have "Sharia" courts in Israel? weird.
Frank

[Frank Drackman]

From AlGores Interwebs/Wikipedia
"Duvall read law to enter the bar in Prince George's County in 1778, and practiced in Anne Arundel and Prince George’s County at least part-time until 1823. In Annapolis, Maryland, he practiced in the Mayor's Court as county prosecutor beginning in 1781, and in Anne Arundel County court beginning in 1783, formally appearing in 600 cases by 1792 according to an archivist's research."
On the court for 23 years, (23 years more than David Curie was) and pretty "Progressive" for his time.
The one time when Duvall dissented was in the case of Mima Queen and Child vs. Hepburn (1813) where he was the sole dissenting justice in a case that ruled whether the daughter of an ex-slave could provide hearsay evidence that her mother was free at the time of her birth.
and you know, Ruth Badder Ginsburg could have been him in a prior life..

"Duvall remained on the U.S. Supreme Court until retiring shortly after his 82nd birthday. According to one of Chief Justice Marshall's biographers, Duvall "became distinguished for holding on to his seat for many years after he had become aged and infirm because he was fearful of who would replace him"

Frank

[Lee Moore]

"Insignificant" is an accolade that any judge should be proud of.

The ones that need to be drowned right away are those who aspire to significance.

Only an academic could get this the wrong way round.

[CommentMonkey]

Interesting. I was thinking late-career Rod Stewart, but yours is better.

[Mr. Bumble]

+1

[Rev. Arthur L. Kirkland]

Catch Rod if you can. It’s mostly Vegas for Americans in the near term (Asian and Europe get more variety). Still a strong performer.

My hopes for a Ron Wood Combo Tour (Stones - Faces) are fading.

[Frank Drackman]

No, I don't want your body and I don't think you're sexy.

Frank