The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Today in Supreme Court History: December 14, 1964
12/14/1964: Heart of Atlanta Motel v. U.S. and Katzenbach v. McClung are decided.
Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
Katzenback v. McClung, 379 U.S. 294 and Heart of Atlanta Motel v. United States, 379 U.S. 241 (both decided December 14, 1964): Congress had Commerce Clause power to prohibit racial discrimination in restaurants (Katzenbach) and public accommodations (Heart of Atlanta Motel) because interstate commerce involved
Texas v. New Mexico, 592 U.S. — (decided December 14, 2020): another original jurisdiction case involving water rights; here, the Court gives New Mexico credit for Texas water that evaporated while being stored in New Mexico at Texas’s request (mixing it with Tequila would have prevented that)
NYNEX Corp. v. Discon Inc., 525 U.S. 128 (decided December 14, 1998): buyer’s economically irrational decision to not buy from a certain seller (of services to remove outdated telephone equipment) is not per se antitrust violation under “group boycott” rule (e.g., refusal of group of buyers to buy from those who also sell to a certain other buyer)
Doesn't alcohol evaporate faster than water?
They would have been too drunk to care, or to sue.
New Mexico doesn't produce tequila.
So it's a violation of the commerce clause for PRIVATE businesses not to let Blacks in, but not for a city mayor, at city expense, not to let Whites in?
Now you're getting it.
Race would be low on the list of reasons a city mayor would not invite Dr. Ed 2 to a holiday party. Breathe into a paper bag until the hyperventilating subsides, Dr. Ed 2.
You think I'd want to go?!?
The issue is that Boston is now a majority-minority city -- way more segregated than it was in 1974 (when Bussing started).
So from a "Good Government" perspective, inviting the six minority City Councilors (Aldermen) but not the one White one is problematic.
I think Dr. Ed 2's only interest is in claiming the mantle of a victim.
Dr. Ed 2 is (as usual) wrong; the Boston City Council has six minority members and seven white members.
Ah, technically 6 minority members and seven plurality members, based on the latest census numbers.
Take it up with the many news sources that said seven white council members received the email invitation.
Perhaps you meant to quibble over the word "minority"? Take that up with Dr. Ed 2 when you two next meet to commiserate over how unfair everything is to white people.
Businesses that illegally discriminate are not violating the Commerce Clause, you drunken imbecile.
Way to dodge the obvious meaning, you drunken judge.
Did the Heart of Atlanta Hotel only accept renters from Georgia? If not, they did engage in interstate commerce.
So Whites can be excluded from public property but Blacks can not be from private property?
Worse than that - under the commerce clause Whites are year round all size no limit while Blacks are permit only when in season.
Wasn't Bush v Gore argued/decided around this time? Or do we just not want to talk about that one?
See my comment for December 12.
It's already come up. It may not have been in the book for some reason. The cases presented tend to be ones from the book. Since there are only 100 cases, we tend to get justices' births, confirmations, retirements and deaths for the off days. I do think we should get ratifications of amendments. In any case, these two decisions are important.
I love odd tidbits of history. The 20th Amendment was adopted in January 1933. Under its provisions, Franklin Roosevelt still became president on March 4 (but his second term began on January 20, 1937. But the amendment also provided that if the president died before taking office, or wasn't elected, the VP-elect would take office. Since there was an assassination attempt on FDR in February, John Nance Garner would have been inaugurated on March 4 under the provisions of the Twentieth Amendment.
Has there ever been a Supreme Court case involving this or the 22nd Amendment?
I enjoy strange historical facts. In January 1933, the 20th Amendment passed. It allowed Franklin Roosevelt to become president on March 4 (although his second term started on January 20, 1937). The provision also allowed the VP-elect to become the president if he or she died or was not elected. After FDR's February murder attempt, John Nance Garner would have been inaugurated on March 4 under the Twentieth Amendment.