Today in Supreme Court History: December 30, 2005

12/30/2005: Congress enacted the Detainee Treatment Act, which gave rise to Hamdan v. Rumsfeld.

The Roberts Court (2006)

Comments

[Dan Schiavetta]

Louisiana v. Hill, 141 S.Ct. 1232 (decided December 30, 2020): Hill was convicted of statutory rape and “SEX OFFENDER” was put on his driver’s license. He was convicted of scratching the words off. He won on his argument that this was “compelled speech” in violation of the First Amendment, both in the trial court and the Louisiana Supreme Court (341 So.3d 539). Here Alito denies Louisiana’s motion for a stay; its petition for cert was then denied, 142 S.Ct. 311 (2021). (This reminds me of the "D" for debtor branded into the temples of those who had gone to debtors' prison, though in that case there was a purpose for it -- to discourage anyone from lending them money; see the John Carradine character in "Son of Fury", 1942.)

Klutznick v. Carey, 449 U.S. 1068 (decided December 30, 1980): The District Court found that the Census had undercounted New York, particularly in poor and minority areas, and precluded certification of the results. Here the Court grants the Solicitor’s motion to stay that order. The Second Circuit later reversed, holding that New York’s statistical adjustment proposal would be unfair to other states, 653 F.2d 732 (the Court then denied cert).

[Hugo S. Cunningham]

> (This reminds me of the "D" for debtor branded into the temples of those who had gone to debtors' prison, though in that case there was a purpose for it -- to discourage anyone from lending them money ...)

I always thought the Qur'anic punishment for a habitual thief was too harsh-- cutting off a hand. It would make it seriously more difficult for them to earn an honest living. But something could be said for putting a distinctive tattoo on the left hand-- let the buyer beware!

[The Margrave of Azilia]

[moved]

[Purple Martin]

Only the left? As a left-hander, that's handist! Or maybe lefthandist...it gets confusing.

[The Margrave of Azilia]

"This reminds me of the 'D' for debtor branded into the temples of those who had gone to debtors' prison, though in that case there was a purpose for it -- to discourage anyone from lending them money"

The purpose of forcibly putting a letter on someone was to assign them a letter grade like in school. In this case, it meant a "D" in business.

Now ask about Hester Prynne.

[jdgalt1]

So The Scarlet Letter was a compliment to the convict? Yeah, right.

[John F. Carr]

"Congress enacted the Detainee Treatment Act, which gave rise to Hamdan v. Rumsfeld."

I remember reading a case, I forget the citation, in which Appeals Court judges observed that Congress had the opportunity to clarify an ambiguity in the Act and deliberately chose not to. There weren't enough votes for the "feed detainees to wild dogs" interpretation and not enough politicians were willing to go on record saying "detainees have rights."

[JoeFromtheBronx]

There was a miscellaneous order on 12/30/21:

BIDEN, PRESIDENT OF U.S., ET AL. V. MISSOURI, ET AL.

BECERRA, SEC. OF HHS, ET AL. V. LOUISIANA, ET AL.
The motion of respondents for divided argument is granted.

NAT. FED’N OF INDEP. BUS., ET AL. V. DEPT. OF LABOR, OSHA, ET AL.

OHIO, ET AL. V. DEPT. OF LABOR, OSHA, ET AL.

The motion of applicants for divided argument is granted.

The Biden Administration won (5-4) the first two cases and lost the last two 6-3. The cases involved vaccine mandates. I assume they had arguments since enough justices were embarrassed by Steve Vladeck's shadow docket book to just decide without arguments.

(I grant that is a supposition.)