Today in Supreme Court History: February 6, 1858

2/6/1858: Justice Mahlon Pitney's birthday.

Justice Mahlon Pittney

Comments

[Dilan Esper]

I was hoping we could celebrate Justice Pitney's birthday with some Supreme Court cases decided February 6.

[Rev. Arthur L. Kirkland]

To celebrate Justice Pitney's birthday? Cases decided February 5.

[Magister]

Last year's list: https://reason.com/volokh/2023/02/06/today-in-supreme-court-history-february-6-1858-4/?comments=true#comment-9912527

[Dan Schiavetta]

Sorry, overslept!

(Yes, these are repeats of past year's comments, sometimes a little revised, though I add 2023 cases as they come up.)

District of Columbia v. Gallaher, 124 U.S. 505 (decided February 6, 1888): District of Columbia is bound by post-contract modifications to sewer project (including increased payment) agreed to by predecessor body which was then legislated out of existence (this was the Board of Public Works, which according to Wikipedia spent D.C. almost into bankruptcy; Congress abolished it in 1874) (project turned the open-sewer Tiber Creek into an underground river, like the River Fleet in London; one of the buildings built over it is the IRS headquarters)

Rocco v. Lehigh Valley R.R. Co., 288 U.S. 275 (decided February 6, 1933): track inspector killed by train collision on blind curve; case could go to jury even though he broke rule about checking ahead

Regents of University of Georgia v. Carroll, 338 U.S. 586 (decided February 6, 1950): FCC can’t force applicant to divest as condition for granting radio license; it can only grant or deny

United States v. Alpers, 338 U.S. 680 (decided February 6, 1950): obscenity statute as to visual materials includes obscene phonograph records (despite rule of “ejusdem generis”) (the government tried to argue in the Circuit Court that statute could not refer to just “visual” material because it would include Braille, but that court, showing the limits of its imagination, maintains “the probability of finding the evil designed to be suppressed in the Braille system of communication is so extremely remote”) (unfortunately I couldn’t find the “dirty record” at issue; BTW, my nominee for best obscene track is “Come with Me” by Rare Earth; worst is “Kiss Kiss Kiss” by Yoko Ono)

Fayolle v. Texas Pacific Ry. Co., 124 U.S. 519 (decided February 6, 1888): appeal dismissed because lower court clerk said he would docket the record in time but failed to do so!

[SMP0328]

project turned the open-sewer Tiber Creek into an underground river, like the River Fleet in London; one of the buildings built over it is the IRS headquarters

So the IRS is fittingly located over a pile of… well, you get it.

[The Margrave of Azilia]

“the probability of finding the evil designed to be suppressed in the Braille system of communication is so extremely remote”

What about Rule 34?

[Dan Schiavetta]

Indeed.

Also, there is (was?) a Braille edition of Playboy.

Though Jeff Foxworthy made a valid point when he said, "Why is there a Braille pad on drive-up ATMs?"

[The Margrave of Azilia]

The joke will soon be on him...self-driving cars will take the blind people to the ATM...or would, if ATMs still exist in future rather than getting money through electrical impulses in our brain transplants.

[Magister]

Because blind people may take cabs to drive thru ATMs.

[Rev. Arthur L. Kirkland]

A Noble Prize for identifying error in Today In Supreme Court History was earned and awarded a year ago with respect to this one.

It appears Barnett and Blackman have (finally) corrected the spelling but not the date of birth. This is how Federalist Society "scholars" roll . . . .

Carry on, clingers. Without the respect of your peers, of course, in the case of the self-described "scholars" at this white, male, right-wing blog.