Today in Supreme Court History: November 28, 1872

11/28/1872: Justice Samuel Nelson resigns.

Justice Samuel Nelson

Comments

[Dan Schiavetta]

United States v. P.G. Evans, 195 U.S. 361 (decided November 28, 1904): owner of land-anchored feature (lighthouse) can sue in admiralty for damage done by vessel

City of Indianapolis v. Edmond, 531 U.S. 32 (decided November 28, 2000): drug checkpoint (stopping every car, asking for license and registration, conducting “plain view” search and having dog sniff around it) was “unreasonable search” under Fourth Amendment

United States v. Sperry Corp., 493 U.S. 52 (decided November 28, 1989): fee charged by tribunal set up to adjudicate claims as to property in Iran was a permissible user fee and not a “taking” (this was the Iran-United States Claims Tribunal, set up after the Carter Administration on its last day in office got Iran to agree to return assets seized during hostage crisis)

[SRG2]

re: Indianapolis - Naturally those fine defenders of liberty. Rehnquist, Scalia and Thomas, find in favour of these drug checkpoints.

[Dan Schiavetta]

Rehnquist had kicked his narcotics habit by then.

[SRG2]

I wonder where the majority would be today. We can be pretty sure that Thomas wouldn't have altered his position, we can also be sure that Alito would agree with Thomas, and that the three liberal justices would agree with the prior majority. So far that's 3-2 for liberty. The rest?

[Syd Henderson]

So someone actually ran a ship into a lighthouse? That takes talent.

[Dan Schiavetta]

That's like, during your road test, ramming the car into the lobby of the local DMV office.

[Frank Drackman]

Have you heard of Ted Kennedy?

[defaultdotxbe]

Perhaps something similar to this old joke:

Americans: Please divert your course 15 degrees to the North to avoid a collision.

Canadians: Recommend you divert YOUR course 15 degrees to the South to avoid a collision.

Americans: This is the Captain of a US Navy ship. I say again, divert YOUR course.

Canadians: No. I say again, you divert YOUR course.

Americans: This is the aircraft carrier USS Lincoln, the second largest ship in the United States' Atlantic fleet. We are accompanied by three destroyers, three cruisers and numerous support vessels. I demand that YOU change your course 15 degrees north, that's one five degrees north, or countermeasures will be undertaken to ensure the safety of this ship.

Canadians: This is a lighthouse. Your call.

[Mr. Bumble]

Nelson was an interesting and accomplished Judge/Justice on both the state (NY) and federal bench, deciding cases on the merits and the law.

https://en.wikipedia.org/wiki/Samuel_Nelson

[Dan Schiavetta]

That's my experience also. I don't know. All I see now are slowdowns where they check your registration sticker.

[Frank Drackman]

Maybe you haven't seen a younger man in ages because you're not attractive.

[The Margrave of Azilia]

I think they can do DUI checkpoints and maybe license checks, which are related to the purpose of the public roadways, but drug checks aren't intrinsically linked to safety on the roads themselves. IIRC.

[wolfefan]

Norm MacDonald approves. https://www.youtube.com/watch?v=1-MJy7w69EU