Today in Supreme Court History: February 11, 1803

2/11/1803: Marbury v. Madison is argued.

Comments

[Dan Schiavetta]

Jaffree v. Board of School Comm’rs of Mobile County, 459 U.S. 1314 (decided February 11, 1983): staying District Court order allowing reciting of Lord’s Prayer as part of morning school activities; District Court judge has to follow Supreme Court precedent even if he disagrees with it (the District Court decision, 554 F. Supp. 1104, reads like a manifesto attacking Supreme Court case law, citing invocations of God by the Founding Fathers, the Pledge of Allegiance, etc.) (the judge, Brevard (not Learned) Hand, was known for displaying the Confederate flag in his office) (the full Court eventually reversed the District Court, 472 U.S. 38)

Conners v. United States, 180 U.S. 271 (decided February 11, 1901): Indian tribe not liable for livestock taken and destroyed when they were fired upon by United States troops while peacefully going to reservation and had to “go on the warpath” (Court cites “ghastly facts of this case” but holds the United States not liable either)

Mabee v. White Plains Publishing Co., 327 U.S. 178 (decided February 11, 1946): newspaper had to comply with Fair Labor Standards Act even though only 0.5% of its daily circulation was out of state (i.e., interstate commerce)

Oklahoma Press Publishing Co. v. Walling, 327 U.S. 186 (decided February 11, 1946): subpoena on newspaper for wage and hour records does not violate Fourth Amendment even though no charges specified; need only probable cause (for what?)

Strong v. United States, 154 U.S. 632 (decided February 11, 1878): owner of vessel sunk after hitting “trees and snags” in river is liable for loss because consented to charterer which operated vessel

[Dr. Ed 2]

Connors v US -- maybe ranchers needed to go on warpath as well.

[Magister]

United States troops are not firing on ranchers.

[Dr. Ed 2]

United States troops weren't stealing cattle, either.

[Frank Drackman]

They sure did at Waco

[Rev. Arthur L. Kirkland]

.

Jaffree v. Board of School Comm’rs of Mobile County, 459 U.S. 1314 (decided February 11, 1983): staying District Court order allowing reciting of Lord’s Prayer as part of morning school activities; District Court judge has to follow Supreme Court precedent even if he disagrees with it (the District Court decision, 554 F. Supp. 1104, reads like a manifesto attacking Supreme Court case law, citing invocations of God by the Founding Fathers, the Pledge of Allegiance, etc.) (the judge, Brevard (not Learned) Hand, was known for displaying the Confederate flag in his office) (the full Court eventually reversed the District Court, 472 U.S. 38)

Those who claim America no longer should worry about bigotry and imposition of old-timey superstition ignore the point that these stains are not faded memories (although the underlying conservative thinking is quite stale).

Fortunately, and importantly, Brevard Hand (who reportedly influenced fellow clingers Ed Meese and Antonin Scalia) has taken his obsolete, ugly thinking to the grave and has been replaced. Perhaps they buried his Confederate flag with him.