Today in Supreme Court History: December 26, 1907

12/26/1907: Lonzo Bailey entered into written labor contract with the Riverside Corporation. This contract gave rise to Bailey v. Alabama (1911).

The White Court (1911)

 

Comments

[Dan Schiavetta]

Hobby Lobby Stores, Inc. v. Sebelius, 568 U.S. 1401 (decided December 26, 2012): Sotomayor denies stay of enforcement of Affordable Care Act because claimed Free Exercise Clause/Religious Freedom Restoration Act violation was not “indisputably clear” (as we know, the Court later held that there was indeed a Free Exercise/RFRA violation, sub nom. Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682)

[Frank Drackman]

More interested in Harbaugh v Saban, can't believe Michigan's favored, here's my gift to the "Conspiracy", take Bama and the points (or point) they're gonna win by 3 touchdowns.

[Mr. Bumble]

Happy Boxing Day.

[Syd Henderson]

The case of the day is interesting, not least because parts of it read like it might be decided the other way. It mentions both the 13th and 14th Amendments and Yick Wo, but ultimately it's the 13 Amendment and the 1867 law banning peonage (involuntary servitude in payment of a debt) in New Mexico, The Alabama statute was an attempt to find an end run around that and was shot down in a 7-2 decision written by Hughes when he was an associate justice.

[Syd Henderson]

I note that though the Peonage Act not only abolished peonage specifically in New Mexico Territory it also abolished it "in any other Territory or State of the United States." So the Court's decision in Bailey v. Alabama.

[F.D. Wolf]

Just for kicks, I checked the picture to see if it was indeed the White Court in 1911, and it is indeed the Court as it was from January 3, 1911 (when Justice Lamar joined) to October 14, 1911 (when Justice Harlan died).

The justices sit by seniority, with the Chief, who is always considered the seniormost member, in the center. The seniormost associate sits on the Chief's right, and the second seniormost justice on his left, alternating in that pattern.

So, we have in the front row, from left to right: Holmes, Harlan, White, McKenna, and Day.

Second row (L-R): Van Devanter, Lurton, Hughes, and Lamar.

[Syd Henderson]

Holmes wrote the dissenting opinion and was joined by Lurton. I would have thought it was an easy decision.