Today in Supreme Court History: February 15, 1790

2/15/1790: Justice John Rutledge takes oath.

Justice John Rutledge

 

Comments

[JoeFromtheBronx]

Rutledge was an influential member of the independence movement and a constitutional framer.

Justice John Rutledge served for a short time and resigned to become chief justice of the South Carolina Court of Common Pleas and General Sessions.

Rutledge later obtained a recess appointment to become the second Chief Justice but mental instability and opposition to the Jay's Treaty led him not to be confirmed. He had a suicide attempt but did later hold elective office. He died a few years later.

Justice Henry Baldwin reportedly had various mental breakdowns. Justice Charles E. Whittaker had a nervous breakdown and resigned after a few years on the bench.

Justice Charles Evan Hughes resigned to run for president, and then later was successfully confirmed as Chief Justice of the United States.

[JoeFromtheBronx]

I'm not sure if it is permanent but Supreme Court reporter Amy Howe's Howe on the Court is no longer posted.

She just posted on SCOTUSblog the other day. It states it was originally posted on her website that link is dead.

https://www.scotusblog.com/2025/02/supreme-court-to-consider-death-row-plea-for-dna-testing/

The reporting I saw states she is not implicated in her husband's legal problems.

https://news.bloomberglaw.com/business-and-practice/gambling-with-the-law-how-scotusblogs-goldstein-risked-it-all

[A Japanese Student]

Village Assembly Resolution Case (Second Petty Bench, decided February 15, 1952): Case seeking review of expulsion from local assembly mooted by expiration of term of office; defendant must still pay costs as non-prevailing party in the court below

Robbery-Murder Case (Grand Bench, decided February 15, 1957): Not an Article 400 violation to vacate 15-year sentence (max non-life sentence at that time) in favor of life with briefing only (unlike reversing acquittals); 10-5 vote; Justice Tarumi, in his concurring opinion, explains how British and American systems work

Moxibustion Advertisement Case (Grand Bench, decided February 15, 1961): Upheld statute limiting contents of moxibustion (traditional Chinese therapy) advertisement as necessary to ensure public health; defendant advertised it as effective against nerve pain and rheumatism

Osaka City Hate Speech Ordinance Case (Third Petty Bench, decided February 15, 2022): Hate speech ordinance does not violate freedom of speech; ordinance authorized City to name people who publicly defame, insult or intimidate people of certain races and request removal of hate speech (without any penalties); suppression of speech likely to promote hatred is a legitimate purpose, and the restriction on free speech is limited given the lack of enforcement mechanism (plaintiffs sued on taxpayer standing)