Today in Supreme Court History: March 31, 1962

3/31/1962: Justice Charles Whittaker resigns.

Justice Charles Whittaker

 

Comments

[Dan Schiavetta]

Another situation where my full comment won't post. I'll try posting the cases one by one.

United States v. Lanier, 520 U.S. 259 (decided March 31, 1997): state judge should have known sexual assaults would inculpate him under 12 U.S.C. §242 (the criminal counterpart to 42 U.S.C. §1983) even though statute does not mention sexual crimes and Court has not directly ruled on similar facts; affirms conviction

[Dan Schiavetta]

International Brotherhood of Teamsters v. United States, 431 U.S. 324 (decided March 31, 1977): victims of union’s discrimination against black and hispanic workers (demonstrated by “pervasive” inequalities in promotions) are entitled to retroactive seniority

[Dan Schiavetta]

Pfaff v. Comm’r of Internal Revenue, 312 U.S. 646 (decided March 31, 1941): apportioning to deceased partner the equitable share of receivable accounts even though he kept his accounts on a cash (not accrual) basis

[Dan Schiavetta]

Armstrong v. Exceptional Child Center, Inc., 575 U.S. 320 (decided March 31, 2015): Medicaid Act does not provide private right of action for healthcare providers to sue state (Idaho) for setting reimbursement lower than required by Act

Hawaii v. Office of Hawaiian Affairs, 556 U.S. 163 (decided March 31, 2009): Congressional resolution apologizing for conquering Hawaii did not strip state of power to sell state lands

New Jersey v. Delaware, 552 U.S. 597 (decided March 31, 2008): Delaware (per New Jersey v. Delaware, 1934) owns all of the Delaware River, up to the New Jersey low water mark. Here the Court won’t even let New Jersey build a natural gas unloading terminal which would stick out into the river.

United States v. U.S. Shoe Corp., 523 U.S. 360 (decided March 31, 1998): Art. I, §9, cl. 5: “No Tax or Duty shall be laid on Articles exported from any State” (this was to prevent Congress from preferring states with busy ports); here, the Court holds that the Court of International Trade (its only courthouse is in lower Manhattan; I’ve passed it many times on my way to appearances at 71 Thomas Street on meatball slip and fall lawsuits) had jurisdiction over a suit to recover “harbor maintenance tax”, and holds that the tax (paid by anyone shipping through a port) violates the above clause, insofar as it’s levied on exporters

Badgerow v. Walters, 596 U.S. 1 (decided March 31, 2022): in deciding to confirm/vacate arbitration award (as opposed to compelling arbitration), federal court looks only to procedural defects alleged, and does not rule on substantive controversy (which involved federal issue; because this was not to be ruled on, no federal court jurisdiction and case remanded to state court)

United States v. Scheffer, 523 U.S. 303 (decided March 31, 1998): rule in court martial proceedings excluding polygraph evidence (here, it would have corroborated officer’s denying meth use) did not violate Fifth and Sixth Amendment rights to fair trial and to put on a defense

[Mr. Bumble]

New Jersey v. Delaware, 552 U.S. 597 (decided March 31, 2008): Delaware (per New Jersey v. Delaware, 1934) owns all of the Delaware River, up to the New Jersey low water mark. Here the Court won’t even let New Jersey build a natural gas unloading terminal which would stick out into the river.

This only applies to the "Twelve Mile Circle":
“Within the twelve mile circle (that is, within the circle the radius of which is twelve miles, and the center of which is the building used prior to 1881 as the courthouse at New Castle, Delaware, certain arcs of which are hereafter described and determined), the Delaware River and the subaqueous soil thereof up to mean low water line on the easterly or New Jersey side is adjudged to belong to the State of Delaware, and the true boundary line between the States within said twelve mile circle is adjudged to be mean low water mark on the easterly or New Jersey side of the Delaware River.”

[Dan Schiavetta]

The problem appears to be my comment on Feltner v. Columbia Pictures Television, Inc., 523 U.S. 340 (decided March 31, 1998).

[Dilan Esper]

Your comment was flagged for copyright infringement. I'd request a jury trial if I were you.

[Dan Schiavetta]

Ha!

It might have been banned because of a joke I made: "Damages had to do with showings of those cultural gems, 'Who’s the Boss', 'Silver Spoons', 'Hart to Hart' and 'T.J. Hooker' — how much are those shows worth? — I bet jury selection was a circus — could plaintiff’s attorney get a PBS watcher excused 'for cause'?"

[The Margrave of Azilia]

Happy Easter to all Conspirators and commenters!

[Frank Drackman]

So did Hey-Zeuss see his shadow?

[Syd Henderson]

He had this sudden taste for fresh brains.