Today in Supreme Court History: February 10, 1967

2/10/1967: The 25th Amendment is ratified.

Comments

[Dan Schiavetta]

Everson v. Board of Education, 330 U.S. 1 (decided February 10, 1947): upholds against Establishment Clause and Due Process attack statute allowing reimbursement of parents for costs of busing to both public and Catholic schools (if you wonder why “bused” and “busing” don’t have double s’s, remember that there is a word “buss” which means to kiss — in my view any racial segregation situation would have been improved by replacing “busing” with “bussing”)

Borden’s Farm Products v. Ten Eyck, 297 U.S. 251 (decided February 10, 1936): Not denial of Equal Protection for New York to apply minimum milk price rule only to dealers having “a well advertised trade name”. The dissent, by the “Four Horsemen”, seems convincing: “Here appellant differs from favored dealers only in that it possesses a well-advertised brand, while they do not. And solely because of that fact, the Legislature undertook to handicap it and thus enable others profitably to share the trade. There is no question of unfair trade practices or monopoly. By fair advertisement and commendable service, appellant acquired the public’s good will. The purpose is to deprive it of the right to benefit by this and thereby aid competitors to secure the business. This is grossly arbitrary and oppressive.”

Oklahoma v. United States Civil Service Commission, 330 U.S. 127 (decided February 10, 1947): upholding against Tenth Amendment attack United States Civil Service Commission order pursuant to Hatch Act withholding highway funds from Oklahoma because it would not remove member of its highway commission despite admitted violation (he violated it in a big way: he was the chairman of the Democratic State Central Committee)

Milk Wagon Drivers Union of Chicago v. Meadowmoor Dairies, 312 U.S. 287 (decided February 10, 1941): Court could not review state court’s finding of fact as to violence and so sustains injunction against picketing despite Fourteenth Amendment attack (union was protesting dairies outsourcing deliveries to vendors who did not observe workplace standards)

American Federation of Labor v. Swing, 312 U.S. 321 (decided February 10, 1941): decided the same day as Milk Wagon Drivers, but here reversing on First Amendment grounds state court decision that picketing beauty shop for refusal to allow unionization is against common law of state if no direct dispute between employer and employees

[Magister]

The New York law apparently permitted those without a well advertised tradename to sell milk at 1 cent less per quart, so it's not that other dealers weren't subject to the law; they just had a lower minimum. The court upheld the law that preserved the existing differential (those without a well advertised tradename previously sold milk at a lower price to make up for their lack of advertising) since there was no proof that the well advertised brands had lost market share because of the differential.

We can discuss milk price controls further on March 5th with Nebbia v. New York, decided that day in 1934.

[Dan Schiavetta]

Thanks!

[Rev. Arthur L. Kirkland]

Was it (1) ratified or (2) adopted on February 10?

Perhaps both (ratified by a state and adopted by the United States of America)?

(It reportedly was ratified by Nebraska during July 1965.)

[SMP0328]

Nevada was the 38th State to ratify it, and since that meant three-fourths of the States had ratified it, it was adopted.

[Commenter_XY]

After Special Counsel Hur released his report on Friday, and specifically called out the cognitive impairment POTUS Biden currently exhibits, this could not have been more timely.

[Dan Schiavetta]

No, he didn't "call it out" -- he was not qualified to make such an assessment and putting that in his report was unprofessional.

What is the evidence of Biden's impairment exactly? He did make a couple of mixups on Friday, but this was the same week that Trump mixed up Hungary with Turkey and Nikki Haley with Nancy Pelosi, and Speaker Johnson mixed up Iran and Iraq. Biden on his worst day is still more in touch with reality than Trump on his best day, and to add to that, he relies on competent advisers except for sycophantic yes-men who share Trump's many delusions.

[Dan Schiavetta]

Only the well established dealers were bound by the rule. The upstarts were allowed to undersell them. I should have made that more clear.

[Dan Schiavetta]

Ok I get it now!