Today in Supreme Court History: November 4, 1992

11/4/1992: Church of the Lukumi Babalu Aye v. City of Hialeah argued.

City of Hialeah, FL

Comments

[Dan Schiavetta]

District of Columbia v. Eslin, 183 U.S. 62 (decided November 4, 1901): judgment by contractor against the District of Columbia’s Board of Public Works is uncollectable because filed in court which no longer had jurisdiction, even though judgment and notice of appeal were filed before statute eliminating jurisdiction was enacted (repeal statute had explicitly vacated all existing proceedings) (sounds to me like the statute violated Due Process)

Stanton v. Sims, 571 U.S. 3 (decided November 4, 2013): police officer enjoyed qualified immunity from §1983 suit brought by woman whose front gate was kicked down while he was in warrantless “hot pursuit” of suspect (this kind of thing actually happened to a friend of mine, in the early 1990’s; my research skills, rudimentary at that point, led me to believe that her case fell within a “de minimus” exception, even though to her that ruined front door was pretty expensive)

INS v. Orlando Ventura, 537 U.S. 12 (decided November 4, 2002): Circuit Court can’t decide fact issues de novo (here, as to Government’s “changed conditions” argument that Guatemala was now safer and political asylum no longer merited); should have remanded back to Board of Immigration Appeals

[JoeFromtheBronx]

The comment on the qualified immunity case had a qualification.

[Dan Schiavetta]

?

[JoeFromtheBronx]

It's a bit of wordplay. It's mostly for my own amusement.

[Dan Schiavetta]

You can forgive me today for being a little humor-impaired. I wish it was Thursday right now.

[Frank Drackman]

They're eating the Chickens!!!
actually, in Key West, they need to eat more Chickens, damn things run the place.

[JoeFromtheBronx]

Order List dropped today.

https://www.supremecourt.gov/orders/courtorders/110424zor_8mjp.pdf

Granted cert in an immigration case, jurisdiction noted / two cases consolidated for argument regarding use of race in redistricting, and a case involving intellectual disability and the death penalty sent back for clarification (Thomas/Gorsuch would have granted cert now).

The immigration case is Riley v. Garland. There is a good chance that the caption will change before the opinion is handed down whoever wins the election since I think Garland will be replaced as Attorney General.

Then, people will have to find some other scapegoat.

[JoeFromtheBronx]

Sherry Colb (RIP) who later became a law professor was a Blackmun clerk during Church of the Lukumi Babalu Aye v. City of Hialeah.

She helped convince Justice Blackmun add a footnote to his concurrence noting that a neutral animal welfare law could be legitimate. Colb later wrote many things about animal welfare and rights.

She also blogged at Dorf on Law (yes, that is a takeoff on an old comedy routine), which was established by her husband (a Kennedy clerk)