Today in Supreme Court History: August 31, 1995

8/31/1995: Students at Santa Fe Independent School District voted to allow a student to say a prayer at football games. In Santa Fe Independent School Dist. v. Doe (2000), the Supreme Court declared this prayer unconstitutional.

The Rehnquist Court

Comments

[Dan Schiavetta]

Harris v. United States, 404 U.S. 1232 (decided August 31, 1971): Douglas, reversing both the District Court and the Court of Appeals, grants bail to defendant convicted of drug trafficking; notes reversal on merits possible because scanty evidence that defendant knew his truck contained narcotics, and not flight risk because he worked steadily as mechanic, had family in the area, and had never missed a court date

Bandy v. United States, 81 S.Ct. 25 (decided August 31, 1960): again Douglas grants bail, this time after Whittaker denied it, noting that prosecution does not oppose (must have been one of Whittaker’s many “bad” days)

Winston-Salem/Forsyth Co. Board of Education v. Scott, 404 U.S. 1221 (decided August 31, 1971): Burger, noting that the stay of a desegregation order should have been presented earlier, sits on the application for five days and then says it’s too late for it now because the school year started yesterday

[JoeFromtheBronx]

West Virginia v. Barnette:

"One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."

Arthur Goldberg, who later selected Stephen Breyer as one of his clerks, was nominated OTD in 1962.

Regarding one of cap's cases, Mr. Bandy eventually proved not to be a great risk:

https://law.justia.com/cases/federal/appellate-courts/F2/408/518/450619/

[Dan Schiavetta]

Thanks. Doesn’t the decision you linked to say that Bandy did end up jumping bail?

[JoeFromtheBronx]

Yes.

I should have said "not a good risk." That's the normal expression.

[SRG2]

Santa Fe ISD went 6-3. Stevens, O'Connor, Kennedy, Souter, Ginsburg and Breyer, v Rehnquist, Scalia and Thomas.

Today, Thomas would be part of a 6-3 majority in the other direction.

[Dan Schiavetta]

It’s a fair bet that in any high school students would vote for a prayer, and not only that, but a prayer expressing beliefs of the religion most of them were raised in.

[Frank Drackman]

Thanks Captain Obvious, what’s your next Revelation? Hunter Biden might have a Substance Ish-yew? His Dad is demented?(“45” should go up on Mt Rushmore just for finally getting the Fake News to recognize the obvious) Tampon Tim is a Creepy Guy?(I played youth league/junior high Foo-bawl, (not High Screw-el, (I was smart) 90% of the Adults involved are repressed Pediophiles, you think “Access Hollywood” was an “October Surprise” wait till this year

Frank

[Malika]

What's not Obvious to frank is How english capitalischion, Speling, sentence
Structure and
Punctuaction(!>) works.

[Intelligent Mr Toad]

Just as long as you are prepared to give equal time to secularists, Satanists, and rational New-Age sciencists.

[Frank Drackman]

Equal Time?, you just named Sleepy Joe’s Cabinet(OK, the Tranny arrested for stealing women’s luggage was only in charge of Nuke-ular Power, and Dr Richard Levine? Does he still have “Little Richard”? I’m thinking he does

[The Margrave of Azilia]

If you choose randomly from a group of people who affirm their love of football, and who certify that they watch at least x hours of football during the season, how many Unitarians and New Agers will you get? How many fundamentalist Baptists?

[Malika]

I guess you probably don't get football coverage on your Vatican City Channel, Cal, but all the same since you brought this up, I'd be interested in seeing you answer your questions here. With some sources.

Maybe start with this?

https://fivethirtyeight.com/features/how-every-nfl-teams-fans-lean-politically/

[The Margrave of Azilia]

Thank you for the insults and the irrelevant information, I'm much better-informed now.

[Malika]

Cal's got nothing. As usual.

[The Margrave of Azilia]

Your information was Democrats v. Republicans.

I'd be interested in a religious breakdown. Unless Democrats and Republicans are religious groups, I don't see how you helped me in my inquiry.

[Michael Resanovic]

Today a 6-3 majority would hold it isn't even justiciable.

[Frank Drackman]

My High School Baseball Coach sure as fuck prayed every time he brought me in from CF to bail out his Starter(always a Northpaw), I thought I should have been a Starter, only time I got to throw from a “Windup” was throwing in the Outfield
My 1/2 year in a No-Fuck-Vagina(Norfolk VA) Intergrated Pubic Screw-el, the Assistant Principal(Principal Beamon, like the Long Jumper, and yes, we joked about his name) ended every morning Announcements on the PA with the Lord’s Prayer.
Pretty sure he knew about the Surpreme Court, also pretty sure he didn’t give a fuck.

Frank