Today in Supreme Court History: November 2, 2010

11/2/2010: Brown v. Entertainment Merchants Association argued.

Governor Jerry Brown

Comments

[Dr. Ed 2]

That is not a photo from 1845...

[Magister]

Last year's November 3rd post was "11/3/1845: Chief Justice Edward Douglass White's birthday." Most likely the titles got garbled, although disturbingly that suggests that the Today in Supreme Court History posts are not as automated as one might expect from the repeated failure to correct other errors in them year after year.

[Frank Drackman]

Not one of my man Clarence’s better opinions (Breyer being the only other dissenter should have been a clue), but hey, even Tom Brady threw a few Picks (212 to be exact, including 19 “Pick-6’s”) and you have to be great just to have the opportunity to throw that many, top 5 in Career Pick 6’s includes Brett Favre, Super Joe Namath, Drew Brees, Dan Marino, and a guy who could play a little Foo-Bawl, Peyton Manning.

Frank

[CJColucci]

Cy Young lost more games than anybody.

[Magister]

That's probably why he never won the Cy Young Award. Just sayin'.

[Frank Drackman]

He probably didn't even know what a Whip was, ERA+, or WAR

Frank

[Dan Schiavetta]

United States v. Kirby Lumber Co., 284 U.S. 1 (decided November 2, 1931): in one of his last opinions, Holmes holds that the gain realized by a company which bought up its own bonds at a lower price than issued is taxable

United States v. Portale, 235 U.S. 27 (decided November 2, 1914): another opinion by Holmes, concerning conviction under a statute that I wish someone would explain to me (currently codified at 18 U.S. §2424): if you harbor an alien woman brought here for the purpose of prostitution, you must file a statement to that effect with Immigration (subsection (b) provides immunity, but can anyone trust that? does anyone ever comply with this statute? or is it just used as an add-on violation in a prosecution under the Mann Act for pimping?)

McKesson v. Doe, 141 S.Ct. 48 (decided November 2, 2020): Circuit Court should have certified question to the Louisiana Supreme Court (on whether Louisiana law holds organizer liable for actions of protester in seriously injuring policeman with thrown rock) instead of trying to decide it themselves

[Frank Drackman]

re US v. Portale, I think it’s like the States that put Excise Taxes on Marriage-a-Juan-a so they could charge peoples with Tax Evasion in addition to the Pot Possesion, I think the only taxes that ever got paid were some Stamp Collectors just to get the cool Marriage-a-Juan-a “Tax Stamp”
Always thought legal Marriage-a-Juan-a would be so great, literally first place I would go on California Assignments was the “Dispensary” (for my "Glaucoma" I have a Card!), but the “Bud-Tenders” are worse than Starbucks Barristas, rolling their eyes at my preferences, (well as far as their eye-lid piercings would allow) couldn’t wait to get back to Georgia with my regular supplier,
but then, hey, the Glaucoma got better!
now I just pop an edible (“Go Mango” is my goto) every once in a while, for the Fibromyalgia you see,

Frank

[Krayt]

Which reminds me, suppose someone bought their marijuana stamps, so they couldn't be accused of it, tax evasion on ill-gotten stuff being a way to trip them up when the actual crime is too hard to prove apparently, thanks, Capone, can the government use the fact you bought same to get a warrant or even justify an investigation? That would seem to be requiring you to admit to a different crime to avoid a crime.

[Dr. Ed 2]

That was a real issue in Maine when actual stamp collectors (people are actually into this) sought to collect pot stamps.

[John F. Carr]

After taking a trip through two Supreme Courts to decide a motion to dismiss, McKesson finally won on summary judgment when the plaintiff failed to produce evidence to back up the allegations in the complaint. This is not a case where the rules of procedure served the parties well.

[Mr. Bumble]

So what happened in 1845?

[Longtobefree]

Trump started planning the Civil War?

[Mr. Bumble]

With Dr. Ed?

[JoeFromtheBronx]

On 11/2/1845, Chretien Urhan, French violinist and composer, dies at 55. He played the violin.

https://www.youtube.com/watch?v=nRE5UdphTc4

Turning to this century, there was an Order List dropped on 11/2/2020. Recently confirmed Amy Coney Barrett did not take part. One case not taken was National Football League v. Ninth Inning Inc., an antitrust case that appears to be a mixed metaphor or something.

[ReadMore]

Oh boy, another ad from Josh.