Today in Supreme Court History: December 18, 1944

12/18/1944: Korematsu v. U.S. decided.

Comments

[Dan Schiavetta]

Executive Jet Aviation, Inc. v. City of Cleveland, Ohio, 409 U.S. 249 (decided December 18, 1972): simply because airplane crashed into navigable water does not create admiralty jurisdiction; claim has to be related to maritime activities (upon takeoff plane ran into flock of seagulls which clogged the engines and plane sank in Lake Erie, though crew survived; allegedly the air traffic controller should not have ok’d the takeoff) (if it was the seagulls’ next of kin bringing suit, would the result have been different?)

Korematsu v. United States, 323 U.S. 214 (decided December 18, 1944): upholding against Equal Protection attack military order clearing those of Japanese ancestry from a designated “military area” (here, City of San Leandro, California) (overruled? — by Trump v. Hawaii, 2018)

Illinois Central R.R. Co. v. Perry, 242 U.S. 292 (decided December 18, 1916): railroad employee injured (due to collision) during personal trip between two points within Kentucky can’t sue under Employers’ Liability Act because not involved in interstate commerce, even though train was carrying goods between states

[Frank Drackman]

Plane ran into Flock of Seagulls? Wish I had a photograph of that, could be a Space Age Love Song.