Today in Supreme Court History: December 17, 1910

12/17/1910: Justice Joseph Rucker Lamar nominated to the Supreme Court.

Justice Joseph Rucker Lamar

Comments

[JoeFromtheBronx]

Not exactly a compelling day in SCOTUS history, but any institution has its average and largely forgotten members. Good to remember them from time to time. They also have moments.

One Justice Lamar dissent is an interesting footnote in sex discrimination jurisprudence. Quong Wing v. Kirkendall, 223 U.S. 59 (1912), noted (per the headnotes):

"Montana imposing a license fee on hand laundries does not appear to be an unconstitutional denial of equal protection of the law because it does not apply to steam laundries and because it exempts from its operation laundries not employing more than two women."

Justice Lamar had a solo dissent. He partially argued:

Among these small operators there is a further discrimination, based on sex. It would be just as competent to tax the property of men and exempt that of women. The individual characteristics of the owner do not furnish a basis on which to make a classification for purposes of taxation.

Professor Ruth Bader Ginsburg famously was only interested in a certain tax case because it provided an opening to raising a sexual discrimination claim. She might have been interested in this one.

https://www.smithsonianmag.com/history/true-story-case-center-basis-sex-180971110/

[Syd Henderson]

He and his cousin Lucius Quintus Cincinnatus Lamar each served almost exactly five years on the Court. Joseph died one day short of his fifth anniversary.