Today in Supreme Court History: February 19, 1942

2/19/1942: President Roosevelt issues Executive Order 9066. The Supreme Court would consider the constitutionality of this Executive Order in Korematsu v. U.S. (1944).

Comments

[Dan Schiavetta]

Ogden v. Saunders, 25 U.S. 213 (decided February 19, 1827): states may legislate to any extent not prohibited by the Constitution and not exclusively the domain of Congress; specifically, Congress’s power to “establish uniform laws on bankruptcies throughout the United States” doesn’t prevent states from creating their own bankruptcy statutes so long as they don’t conflict with federal law and don’t affect contracts in effect before statutes went into effect (a long, long decision, with lots of opinions; this is about all one can say as to the “majority” written by Johnson)

United States v. Detroit Timber & Lumber Co., 200 U.S. 321 (decided February 19, 1906): A dispute over ownership of some forest land, but why does this case name sound familiar to lawyers? Because it's added to the syllabus of every Court case to remind us that the syllabus, written by the reporter, is not part of the holding or the opinion and should never be cited. Here, the Government relied on a headnote in Hawley v. Diller, 1900, which the Court says was not relevant to the facts of that case. (Someone applying for our law review did this repeatedly in his submission -- one of the editors, a friend of mine, was pleased to “ding” him on his laziness because he was generally an asshole -- he didn’t fix the problem, gave up on applying, and went on to become a trial lawyer.)

Owasso Independent School District v. Falvo, 534 U.S. 426 (decided February 19, 2002): Family Educational Rights and Privacy Act of 1974, which requires confidentiality of grades recorded by school, not violated by “peer grading” (students grading each other’s assignments per teacher instructions and calling the grades out); suit was brought by parent whose child was embarrassed by this

Lynce v. Mathis, 519 U.S. 433 (decided February 19, 1997): Florida statute retroactively canceling early release program (so that released prisoners were reincarcerated) violated Ex Post Facto clause (art. I, §10)

Beverly v. Brooke, 15 U.S. 100 (decided February 19, 1817): owner of slaves who escaped during voyage could not recover value of slaves from master of vessel; opinion by Marshall recounts master’s attempts to land at various European ports blockaded during Napoleon’s “Continental System” attempt to strangle British and American shipping

Maryland v. Wilson, 519 U.S. 408 (decided February 19, 1997): police at traffic stop may order passengers out of car “after noticing apparent nervousness”; cocaine falling to ground during exit was admissible

Regents of the University of California v. Doe, 519 U.S. 425 (decided February 19, 1997): state university enjoyed Eleventh Amendment immunity from suit in federal court even though per prior agreement with federal government it would be indemnified for any judgment against it (this was a breach of contract suit by employee of federally owned laboratory operated by university)

United States v. Bhagat Singh Thind, 261 U.S. 204 (decided February 19, 1923): Sikh not allowed to become naturalized citizen because not “white” or “black” (the acceptable categories under the then current law)

[JoeFromtheBronx]

From the police transcript:

MR. WILSON! MR. WILSON! Why are you so nervous, MR. WILSON?!

DENNIS!!!! [child in car]

(cocaine drops out)

YOU ARE SUCH A MENACE!"

[Dan Schiavetta]

I watched the series when it was first on and it did seem like Dennis had a lot of frantic energy even for a child, almost as if . . .

[Syd Henderson]

Looking at "Ogden v. Sanders," I concur in part and dissent in part.

[SMP0328]

(Someone applying for our law review did this repeatedly in his submission -- one of the editors, a friend of mine, was pleased to “ding” him on his laziness because he was generally an asshole -- he didn’t fix the problem, gave up on applying, and went on to become a trial lawyer.)

Who was the asshole? Your friend or the applicant?

[Dan Schiavetta]

The applicant. My friend was a "she".

[ducksalad]

Not sure FERPA is entirely a good thing. Lots of overhead and other countries seem to do OK without it, or with something almost the opposite.

Spent some time at a university in Dijon. Over there, at the end of the semester, they posted the results on a bulletin board. In rank order, with not only the names (in large font) and grades but also an e-mail and the student's picture about 2" x 2" square. Under each picture there was big fat color coded bar: green, yellow, or red.

[apedad]

Re: United States v. Bhagat Singh Thind

Prof. Bernstein would have had a blast with this case.

(from the decision)

The word "Caucasian" is in scarcely better repute. [Footnote 1] It is, at best, a conventional term, with an altogether fortuitous origin, [Footnote 2] which, under scientific manipulation, has come to include far more than the unscientific mind suspects. According to Keane, for example (The World's Peoples 24, 28, 307 et seq.), it includes not only the Hindu, but some of the Polynesians [Footnote 3] (that is, the Maori, Tahitians, Samoans, Hawaiians, and others), the Hamites of Africa, upon the ground of the Caucasic cast of their features, though in color they range from brown to black. We venture to think that the average well informed white American would learn with some degree of astonishment that the race to which he belongs is made up of such heterogeneous elements.

https://supreme.justia.com/cases/federal/us/261/204/

[JoeFromtheBronx]

I recently watched Sunrise at Campobello, starring Ralph Bellamy (some might remember him from the movie with Dan Ackroyd and Eddie Murphy, others from such old films as His Girl Friday) and Greer Garson (first film: Goodbye, Mr. Chips) as FDR and Eleanor Roosevelt.

Bellamy and Garson were excellent. Garson had the voice down and toned down her usual glamour. Eleanor Roosevelt was still alive when the play (starring Bellamy but not Garson) and film came out. She might have laughed at being portrayed by Garson.

Hume Cronyn played Louis Powe, FDR's friend and political advisor. He was excellent. Jean Hagen also was good in a smaller role as Missy LeHand, FDR's private secretary.

The film portrays events from the outbreak of his polio to his big return to public view when he gave the nominating speech (while standing up) for Al Smith at the Democratic Convention in 1924. The film ends when he is about to start his speech.

Al Smith didn't become the nominee though did in 1928. The film as a whole was enjoyable though the middle portion after he returned from vacation & a couple years of time was compressed probably could have been shortened somewhat.

[Dan Schiavetta]

That was one of the best films ever made about a President (even though it was about his pre-presidential life).

[Dr. Ed 2]

I have long wondered how he got to Campabelo -- yes, by train, but by which route. One route would have been to follow US Route 1 to Rockland (ME) where the tracks ended and then go by car -- in the 1940s, that would have been the best road, but it is a long drive.

Another route would be to go to Bangor and then down the Penobscot to Ellsworth and then take the tracks to Calais -- as he had his own private car, that's the way I would have gone.

HOWEVER, I know for a fact that he was (at least once) in Rockland because my uncle was trying to paint his boat that day. So why would he have gone the long way?

[A Japanese Student]

Two somewhat recent cases, with links to English translation provided by the Court.

Mapplethorpe Case (Third Petty Bench, decided February 19, 2008): 384-page collection of photographs by Robert Mapplethorpe, some of which depicting male genitals, not considered obscene under customs law because the works, when taken as a whole, do not appeal to prurient interest (English opinion: https://www.courts.go.jp/app/hanrei_en/detail?id=1274)

Yamanashi-Kenmin Credit Union Case (Second Petty Bench, decided February 19, 2016): Signature insufficient to consent to changes to labor conditions that are unfavorable to the employees; must also find reasonable, objective grounds to determine that the employee did so voluntarily (in this case, after merger of credit unions, the employees signed a new contract that halved severance pay) (English opinion: https://www.courts.go.jp/app/hanrei_en/detail?id=1444)

[John F. Carr]

In America, where employment at will is the general rule, continued employment can be valuable consideration. I remember a lawyer telling me in a particular state it was not. Not long afterwards a trial court judge ruled that it was. To my knowledge the case was not appealed. Some employment law cases aren't worth the time and effort to appeal. One case in my area was essentially resolved on a TRO. Did a noncompete agreement apply? It wasn't worth taking another two years to get and appeal a final judgment.

[apedad]

Speaking about property interest in a person's employment ....

Judge bars firing of intelligence officers working on DEI issues

“None of these officer’s activities was or is illegal, and at no time have the agencies employing Plaintiffs contended that they individually engaged in any misconduct, nor are they accused of poor performance,” the suit, filed Tuesday, said.

“Plaintiffs are being fired because of their assumed beliefs about a domestic political issue, and losing their property interest in their employment without due process of law,” it states.

https://thehill.com/homenews/administration/5153048-judge-temporarily-bars-agencies-from-terminating-diversity-employees/

[Commenter_XY]

How is employment a property interest?

[apedad]

I don't have that answer but here's the complaint and maybe someone can find the judge's decision.

https://storage.courtlistener.com/recap/gov.uscourts.vaed.568742/gov.uscourts.vaed.568742.1.0.pdf

[bernard11]

The property interest issue is only one of several raised by the plaintiffs.

[BrotherMovesOn]

https://www.documentcloud.org/documents/25538576-trengadeifiringsord021825/

[bernard11]

Doesn't say much.

Still, the complaint is worth reading.

[Ama Valde Intellectum]

Yet Congress upheld Lincoln's susepension of Habeas Corpus during the Civil War. This is what non-lawyers hate about the present state of law. Just think: we could all be Nazis now and the steel mills intact. Wow, a victory ??