Today in Supreme Court History: May 19, 1921

5/19/1921: Chief Justice Edward Douglass White dies.

Chief Justice Edward Douglass White

 

Comments

[Dan Schiavetta]

In re Whittington, 391 U.S. 341 (decided May 19, 1968): judge’s determination of juvenile as “delinquent” and therefore commitable to institution vacated and remanded to state court for redetermination with Fourteenth Amendment protections (privilege against self-incrimination, etc.)

Andrews v. United States, 373 U.S. 334 (decided May 20, 1963): a criminal defendant must be allowed to make a statement before being sentenced

Petrella v. MGM, 572 U.S. 663 (decided May 19, 2014): widow of co-writer of “Raging Bull” entitled to damages for copyright violation despite passage of 18 years since first alleged violation but entitled to only the past three years’ damages which is the statute of limitations for the statute allowing damages

Leary v. United States, 395 U.S. 6 (decided May 19, 1969): Marihuana Tax Act of 1937 (Timothy Leary was the accused) unconstitutional because it required persons not allowed to possess marijuana to declare it upon entering the country for tax purposes therefore requiring self-incrimination in violation of the Fifth Amendment (Act was repealed in 1970)

Barker Painting Co. v. Local No. 734, 281 U.S. 462 (decided May 19, 1930): Holmes refuses to rule on minimum wage law dispute because case got otherwise disposed of: “Both sides desired that the Court should go farther afield. But a Court does all that its duty compels when it confines itself to the controversy before it. It cannot be required to go into general propositions or prophetic statements of how it is likely to act upon other possible or even probable issues that have not yet arisen.”

Grubb v. Public Utilities Comm’n, 281 U.S. 470 (decided May 19, 1930): wrongful denial of application for proposed interstate bus line can be litigated in state court because federal court does not have exclusive jurisdiction over interstate commerce

Anderson v. Carkins, 135 U.S. 483 (decided May 19, 1890): Homestead Act violated by contract to sell land when seller (who had obtained the land from the government under the Act) lied about it being for his own use as required by the Act

Emsheimer v. New Orleans, 186 U.S. 33 (decided May 19, 1902): diversity jurisdiction is determined by residence at the time suit is filed, and is not destroyed by subsequent move (dispute over promissory note)

Fillippon v. Albion Vein Slate Co., 250 U.S. 76 (decided May 19, 1919): reversible error for judge to give instruction to jury without parties and their counsel being present (suit was for workplace injury)

Inyo County v. Paiute-Shoshone Indians of Bishop Community, 538 U.S. 701 (decided May 19, 2003): tribe could not sue under 42 U.S. §1983 because it protected only private persons and not sovereigns (issue was whether tribe had to comply with search warrant for records of employee accused of welfare fraud)

[F.D. Wolf]

President-elect Warren Harding and former President William Howard Taft met at Harding's Ohio home on Christmas Day 1920. Taft was the most recent (and only living) Republican President, and Harding wanted his thoughts on potential Cabinet appointments. After a conversation that lasted about an hour, Harding asked Taft if he would be interested in a Supreme Court appointment, should one arise. Taft had not been expecting the question, giving a confused, non-committal answer, which Taft felt required a follow-up letter to Harding:

I was so much startled by the personal question you asked me that I am afraid that my answer was confused and seemed presumptuous and unappreciative. Ever since I came to the Bar, I have aspired to the Supreme Court as my life’s goal. Twice I was obliged to decline the opportunity for reasons I explained. Then I was young and would have been glad to take an associate justiceship and work up from the junior membership toward the head and perhaps to the chief justiceship if fortune favored. But now I am sixty-three and could not expect to serve more than ten years. I have been President. I signed the commissions of six members of the Court, and three are still on the Court. I joined four presidents of the American Bar Association in petitioning the Senate to reject the nomination of Brandeis as not a fit one to be made and have not changed my mind, and I would feel ill at ease to come into the Court after having been President as the junior of my own appointees and of the man I tried to defeat. Were I Chief Justice I would hope, by reason of having been President, to have some little more influence in securing a greater solidarity of opinion among the judges so necessary to maintain the Court’s influence with the public. It was for this reason that I ventured to say that I could only accept the Chief Justice’s position. The present Chief Justice when I have seen him in the years past has said to me that he was holding on for me and to return the place to a Republican administration. I can’t say that he still feels this way though I know he greatly rejoiced at your election. Even if you conclude that someone else ought to be Chief Justice as well you may, I hope you will believe me when I say that I am deeply grateful for what you said to me yesterday, and that it was one of the great honors of my life and makes this Christmas for me the brightest and happiest of my life.

So, Taft would only accept the position of Chief Justice, and, as it happened, two months into Harding's term, Chief Justice White died, leaving the position available for Taft.

[Dan Schiavetta]

Taft was happier in that job than any other job. Also he was well suited to it. Even if it meant having to deal with McReynolds.

[Syd Henderson]

He even lost a lot of weight (though he still was hefty). He managed to get the Court docket down to manageable levels (there was a huge backlog since the number of cases continually increased) and got the Supreme Court its own building, though he never lived to see it. The decisions of the court were mixed, and sometimes horrible (Buck v. Bell, and child labor decisions) sometimes good (Pierce v. Society of Sisters, Moore v. Dempsey).

[The Margrave of Azilia]

This guy again? Well, I may as well recycle my Chief Justice White jokes.

The Chief Justice served in the Confederate army, which apparently was the last time he went hungry.

[F.D. Wolf]

Perhaps he had made the same oath as Scarlett O'Hara after the Civil War.

[The Margrave of Azilia]

I've tried out that version of the joke before; maybe I'll do so again.

[Dan Schiavetta]

He looks like he’s saying, “That was an excellent (belch) four course breakfast!”