Today in Supreme Court History: October 6, 2010

10/6/2010: Snyder v. Phelps is argued.

Comments

[Dan Schiavetta]

Lopez v. Smith, 574 U.S. 1 (decided October 6, 2014): Court grants cert and upholds state murder conviction where prosecution switched theories at end of trial (defendant aided and abetted murder of wife instead of directly wielding metal bar that killed her); Ninth Circuit had relied on its own precedent, which prohibited such practices, in granting habeas, but 1996 statute restricting habeas only to where state court misapplied federal law refers only to federal law established by the Court (which has been silent on this issue) (this strikes me as odd; Thomas, who wrote the opinion, seems to be saying only SCOTUS can declare federal law -- but if a federal law issue is totally settled and universally accepted, it might never have gotten considered by SCOTUS because no one bothered to litigate it, or there never was a split of authority for the Court to resolve)

[John F. Carr]

There is a chance to tell the Supreme Court "this is nuts even though you never said so" right after the final decision of the state court system. The opportunity is not entirely lost. I have no sense of how many state court appellate cases really do involve violations of universally accepted principles.

[not guilty]

It's not that simple. I haven't read the decision in question, but 28 U.S.C. § 2254(d)(1) is consistent with the rule that captcrisis attributes to Justice Thomas. The 1996 AEDPA statute changed federal habeas corpus law in that regard.

That is atrocious, but the remedy lies with Congress rather than the federal judiciary.

[JoeFromtheBronx]

"Thomas, who wrote the opinion"

Lopez v. Smith is labeled a per curiam.

[Dan Schiavetta]

I read it somewhere.

[ReaderY]

It’s what the statute says.

[JoeFromtheBronx]

Fred Phelps was a disgraced civil rights lawyer. His daughter (he had many children) argued the case in front of the Supreme Court.

His granddaughter, Megan Phelps-Roper, eventually left the church. She wrote "Unfollow: A Memoir of Loving and Leaving the Westboro Baptist Church." She previously used Twitter to support the church. The "marketplace of ideas" there helped her to change her mind.

[JoeFromtheBronx]

We recently talked about “The Lovers” and Justice Stewart’s famous quip. He later in Ginzburg v. U.S. added more detail on what he thought was actionable “hardcore pornography.”

He even said:

“There does exist a distinct and easily identifiable class of material in which all of these elements coalesce.”

The director Louis Malle & actress Jeanne Moreau was involved in another film that went to the Supreme Court. “Viva Maria!” is a more lighthearted film with Brigitte Bardot (the other Maria).

Interstate Circuit, Inc. v. City of Dallas (1968) struck down an ordinance that classified certain films as unsuitable for people under 16 as unconstitutionally vague.

The opinion has some implications for today, when threats to the First Amendment are repeatedly justified as necessary to protect minors. As to the film, you also get a chance to see the actor George Hamilton speak French.

[Dan Schiavetta]

Hamilton never took himself seriously. It was part of his charm.