Today in Supreme Court History: February 3, 1812

2/3/1812: Justice Joseph Story takes oath.

Justice Joseph Story

Comments

[Dan Schiavetta]

Germany v. Philipp, 592 U.S. 518 (decided February 3, 2021): Foreign Sovereign Immunities Act barred suit in U.S. courts by Holocaust survivors to recover value of property they were forced to sell at below market value to agents of Goering; exception for “property taken in violation of international law” applied to property taken by one country from another, not from individuals

Marshall v. Barlow’s, Inc., 429 U.S. 1347 (decided February 3, 1977): OSHA needs a warrant to inspect a workplace (this was a random search of an electrical/plumbing business and the owner did not consent)

United States v. Gilliland, 312 U.S. 86 (decided February 3, 1941): “Hot Oil” Act, which criminalized falsifying records so as to transfer amounts of petroleum in excess of regulations, applied to transfers between private parties, not just to and from Government

Gooch v. United States, 297 U.S. 124 (decided February 3, 1936): Federal Kidnapping Act applied to abductions to prevent arrest (defendants overwhelmed police officers in Texas and dumped them in Oklahoma); monetary gain incentive not required

United States v. California, 297 U.S. 175 (decided February 3, 1936): state-owned railroad was indirectly involved in interstate commerce and therefore subject to common carrier regulations and fines

[The Margrave of Azilia]

"exception for “property taken in violation of international law” applied to property taken by one country from another, not from individuals"

WTF?

[John F. Carr]

The distinction is not country vs. individual but rather domestic vs. international. If New London takes Kelo's property, compensation is governed by domestic law. If Biden orders a Russian oligarch's property seized, that is more international because a foreign national is involved. If Russia invades Ukraine and loots a museum, that is fully international.

[F.D. Wolf]

Story was 32 years and 4 months old when President Madison appointed him to the Court, making him the youngest individual to ever serve as a Supreme Court justice. In fact, he is the second-youngest individual ever to serve as a federal judge; only Alex Kozinski, aged 32 years and 2 months in 1985 when President Reagan appointed him to the Ninth Circuit Court of Appeals, was younger. (The eight youngest Supreme Court justices were all appointed between 1789 and 1812 by our first four presidents.)

[F.D. Wolf]

[F.D. Wolf]

My dear friends, I am embarrassed to say I have given you inaccurate information. The claim about the eight youngest justices is incorrect. My source was this page on oldest.org, a site I find generally reliable. The four justices listed as the youngest (Joseph Story [Madison], William Johnson [Jefferson], Bushrod Washington [J. Adams], James Iredell [Washington]) are correct, but not the next four. The fifth-youngest justice was actually William O. Douglas (F. Roosevelt.) And, for the sake of completeness, the next three youngest would be John Cambell (Pierce), Thomas Todd (Jefferson), and Benjamin R. Curtis (Fillmore).

My apologies for the error.

[Dr. Ed 2]

They started younger -- John Adams entered Harvard at age 16, as was common at the time -- others were even younger.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Most of the lower life expectancy was from so many infant and child deaths. Once someone survived to adulthood, continued life expectancy was much better, although still worse than today.

[Mr. Bumble]

They also grew up faster. Few 30 year old "students".