Today in Supreme Court History: December 25, 2009

12/25/2009: Justice Elena Kagan "was probably at a Chinese restaurant."

Comments

[Dan Schiavetta]

Liverpool & London & Globe Ins. Co. v. Gunther, 116 U.S. 113 (decided December 25, 1885) (was this case really “filed” on December 25, as Westlaw has it?): No, this case did not concern the raise given by Scrooge to Bob Cratchit being in violation of some wage and price control (actually that was on December 26), but is a boring matter dealing with expenses of a suit and trustees of a railroad. Sorry, it was the only December 25 case I could find!

[F.D. Wolf]

According to Justia, the case was argued on November 12, 1885, and decided on December 21, which seems more likely than December 25.

Apparently, Mr. Gunther's building burned down, but his insurance company did not want to pay because it claimed he (his tenant, really) was storing a certain oil on the premises in violation of a specific term of the policy. Gunther won at the trial court, but here the Supreme Court reversed and remanded the case. In the meantime, Gunther died, and the case carried on in the name of his executor. Gunther won his second trial, but that verdict was set aside by the circuit court. At the third trial, the judge directed the jury to return a verdict for the insurance company, which it did. The case would come back to the Supreme Court, which affirmed the directed verdict for the insurance company. 134 U.S. 110 (1890). (It seems the Court might have saved everyone the time and trouble and simply ruled for the insurer the first time around).

[Dr. Ed 2]

The Patent office used to date all patent as of a certain day of the week, and that's how the "Patented December 25th" Coke Bottle came about.

Could that be the story here?

[F.D. Wolf]

A digitized copy of Volume 116 of the United States Reports (the Court's official reporter) says the case was argued November 12 and decided December 21. West's Supreme Court Reporter (which begins in 1885) is, of course, an unofficial reporter. So, the most probable explanation is simply a transcription error by West.

https://babel.hathitrust.org/cgi/pt?id=uc1.b3691971&seq=145

[jdgalt1]

I wonder why Kagan eating Chinese on Nov 24 got scheduled for Christmas.

[Rev. Arthur L. Kirkland]

The important point, at the Volokh Conspiracy, is the opportunity to celebrate the season with comments such as these, from elnurmamedrafiev:

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She was probably carpet munching.

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I like insulting liberal Jewish women, as they’re the lowest form of low.

Special holiday thanks to the Volokh Conspirators for issuing their customary partisan pass to that right-wing antisemite, a member of their target audience.

[FilioScotia]

Don't you wish there could be more of this kind of friendly camaradary in those hallowed halls?

[Dan Schiavetta]

It was a gentle reminder to Graham that not everybody is Christian and he accepted it with good grace.

[CJColucci]

Looky heah folks, this Kay-gun woman is a Joooo.

[Gasman]

And even the quoted line overlying the video failed to accurately state Ms. Kagan's spoken words there for us to hear for ourselves. The word 'good' appears to have not been spoken.

[Dan Schiavetta]

If I were the plaintiff I would certainly have wanted my case to be argued before December 25 Scrooges as opposed to December 24 Scrooges.

[SomeGuy 2]

Christmas wasn't a federal holiday until 1870 and there was still some puritanical hostility to Christmas in the national bloodstream. Courts tend to be older and more conservative, so I'm not terribly surprised they didn't care about observing the new-fangled holiday that they may have considered mildly blasphemous. I'm also not sure if "federal holiday" had the same "SHUT DOWN EVERYTHING" impact it does today.