Today in Supreme Court History: February 12, 1965

2/12/1965: Justice Brett Kavanaugh's birthday.

Justice Brett Kavanaugh

Comments

[Dan Schiavetta]

Chambers v. Florida, 309 U.S. 227 (decided February 12, 1940): black suspects (robbery of white man) kept in jail for six days, denied visitors, and subject to persistent questioning, were denied Due Process and confessions were inadmissible

Federal Housing Administration v. Burr, 309 U.S. 242 (decided February 12, 1940): Congressional authority for Federal Housing Administration to “sue and be sued” allows garnishment claim by creditor on FHA employee’s wages

United States v. Fullard-Leo, 331 U.S. 256 (decided February 12, 1947): Court, making its own construction of pre-cession Hawaiian law (saying it was not bound by decisions of Hawaiian courts), analyzes complicated history of chain of title and on the “lost grant” doctrine (similar to adverse possession) awards Palmyra Island (then part of the Territory of Hawaii) to successors in interest and not to the United States (uninhabited except by researchers, it is currently the only “incorporated unorganized territory” of the United States; it’s cold and miserable where I am and I wish I was there now)

McCarrroll v. Dixie Greyhound Lines, 309 U.S. 176 (decided February 12, 1940): Arkansas statute taxing gasoline in excess of 20 gallons in vehicles entering state burdened interstate commerce (i.e., in violation of Dormant Commerce Clause) (how would they measure what’s in the tank?)

State Farm Mut. Auto. Ins. Co. v. Duel, 324 U.S. 154 (decided February 12, 1945): Wisconsin requirement that insurers carry substantial reserves from out-of-state customers did not violate Dormant Commerce Clause; statute was designed for the protection of state’s own citizens

[Frank Drackman]

In Chambers v Florida you left out that the "White Man" was murdered in the robbery. Cops should have just let the murderers go and let the citizenry take care of them.

[apedad]

(how would they measure what’s in the tank?)

From the decision:

Appellee, a Delaware corporation, operates passenger busses, propelled by gasoline motors, from Memphis, Tennessee, across Arkansas to St. Louis, Missouri, and in reverse. The route between these points approximates 342 miles -- 3 in Tennessee, 78 in Arkansas, 261 in Missouri. Like busses ply between Memphis and points within and beyond Arkansas, and in reverse. It is only necessary now to consider the facts connected with operation of the Memphis-St. Louis line. They are typical.

Each bus consumes about one gallon of gasoline for every five miles traversed. Sixty-eight gallons are required for the journey from Memphis to St. Louis -- under one in Tennessee, sixteen in Arkansas, fifty-one in Missouri. The practice is to place in the bus tank at Memphis the sixty-eight gallons of gasoline commonly required for the trip; also ten more to meet any emergency. Thus, upon arrival at the Arkansas line, the tank contains some seventy-seven gallons, of which sixteen probably will be consumed within that State. As a condition precedent to entry there, appellant -- revenue officer of the State -- demands that each bus pay six and one-half cents upon every gallon of this gasoline above twenty, and threatens enforcement.

[Dan Schiavetta]

Yes, but how much was in the tank before they put in the 78 gallons?

[apedad]

Re: Chambers v. Florida

Good to see it was an 8 - 0 decision (one Justice did not take part)

[ducksalad]

Incorporated territory. So if a child is born there, he/she gets birthright citizenship. But unorganized so there's no one to issue a birth certificate. Ought to be able to get a good case out of that somehow.

[JoeFromtheBronx]

Thurgood Marshall, special counsel for the NAACP, appeared on the defendants’ brief but did not participate in the courtroom arguments in Chambers v. Florida.

Justice Black's opinion included some passionate words about the nature of the threat to liberty involved including:

"The very circumstances surrounding their confinement and their questioning without any formal charges having been brought, were such as to fill petitioners with terror and frightful misgivings."

The opinion came to mind when we were debating the right to torture people some years back. These words continue to inspire:

Today, as in ages past, we are not without tragic proof that the exalted power of some governments to punish manufactured crime dictatorially is the handmaid of tyranny. Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are non-conforming victims of prejudice and public excitement.

[Frank Drackman]

Brett likes Beer!

[Paladin_44]

Interesting part of the world Palmyra. See
https://en.wikipedia.org/wiki/Palmyra_Atoll
Average temp around 85°.

[SRG2]

I can't say the Wikipedia article has stirred me to consider visiting

[Syd Henderson]

It seems like a wonderful place compared to Jarvis Island south of it (and south of the Equator) which is uninhabited, has no fresh water and a dry lagoon filled with guano.

Palmyra is the southernmost incorporated part of the US. American Samoa is unincorporated.

[JoeFromtheBronx]

Not the birthday I would remember. But if we do:

https://www.youtube.com/watch?v=VRJecfRxbr8

Today is also Abraham Lincoln's birthday & his influence on constitutional thought is also important.

The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.

If you want to drink some beer doing that, go right ahead.

[Frank Drackman]

Great speech, with maybe only his 2d Inaugural just behind it, too bad some mediocre Actor had to ruin everything.

[Hugo S. Cunningham]

/s/ It's full of cliches. I know I have heard that stuff somewhere, over and over...

[Syd Henderson]

It's also Charles Darwin's birthday, in 1809 as well. That was a good day. Darwin was intensely anti-slavery as well.

[Dan Schiavetta]

"or if any nation so conceived and so dedicated, can long endure"

No democracy can long endure if the loser packs up and leaves. . . or doesn't accept the results.

[A Japanese Student]

Re-checked the cases to not embarrass myself again. Fortunately, Japanese court opinions are much shorter than American ones.

Theft, Trespass, Robbery-Murder Case (First Petty Bench, decided February 12, 1948): Confessions made in open court need not be corroborated in order to convict the defendant (superseded by Article 319 of Code of Criminal Procedure: "The accused may not be convicted when the confession, whether it was made in open court or not, is the only piece of incriminating evidence.")

Special Kokoku-Appeal of Order Denying Request for Retrial (First Petty Bench, decided February 12, 2019): "Final and binding judgment" proving that the evidence was forged (one of the grounds for postconviction relief) must be a criminal, not civil, judgment