Judgments. Vacating of Its Own Decree by Circuit Court of Appeals after Petition for Certiorari Had Been Filed with Supreme Court

1941 ◽  
Vol 41 (1) ◽  
pp. 132
Keyword(s):  
Supreme Court ◽  
Circuit Court ◽  
Court Of Appeals

Constitutional Law in 1942–1943: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1942

1944 ◽  
Vol 38 (2) ◽  
pp. 266-288
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
West Coast ◽  
The United States ◽  
Japanese American ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Set Up ◽  
The Right

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.A. QUESTIONS OF NATIONAL POWER1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITYWest Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.

Constitutional Law in 1949–1950

1951 ◽  
Vol 45 (1) ◽  
pp. 86-109
Author(s):  
Robert J. Harris
Keyword(s):  
United States ◽  
Supreme Court ◽  
Constitutional Law ◽  
Attorney General ◽  
The United States ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court

There were two changes in the personnel of the Supreme Court during the 1949 term. Attorney General Tom C. Clark was sworn in as an Associate Justice to succeed the late Justice Frank Murphy on August 24, 1949, after his nomination by President Truman had been approved on August 19 by a vote of 73 to 8. Judge Sherman Minton of the United States Circuit Court of Appeals was nominated to be an Associate Justice on September 15, 1949, to succeed Justice Wiley Rutledge. His nomination was approved by the Senate on October 4 by a vote of 48 to 16, and he was sworn in on October 12. During much of the term Justice Douglas was absent as the result of an accident incurred during the preceding summer recess. The loss of Justices Murphy and Rutledge greatly weakened the liberal alignment of the Court and very positively influenced the decision of a number of doubtful cases contrary to precedents of a recent date.

Under the Law

2017 ◽  
Vol 98 (7) ◽  
pp. 76-77
Author(s):  
Julie Underwood
Keyword(s):  
Supreme Court ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
The Law ◽  
K 12 ◽  
The U.S

How would the appointment of Neil Gorsuch to the Supreme Court (presuming he is confirmed by the U.S. Congress) affect the court’s dynamics, its ideological balance, and specifically its decisions on cases that bear upon K-12 education? Is he likely to be another Justice Antonin Scalia, will he be less conservative, or will he be more so? The author looks for clues in the opinions Gorsuch has written for the 10th Circuit Court of Appeals.

The Doctrine of Res Judicata in Naturalization Cases in the United States

1929 ◽  
Vol 23 (1) ◽  
pp. 50-55 ◽  
Author(s):  
Henry B. Hazard
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Of America ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Res Judicata ◽  
The Subject

With nationality problems continuing to occupy a prominent place in both international and municipal practice, expressions of opinion of our highest tribunal upon the subject are received with peculiar interest. This is particularly true where the rule announced is one which governs the validity of naturalization judgments. In a recent sweeping naturalization decision which upholds the government’s views at every point, the United States Supreme Court has again stressed the rule that when doubt exists concerning a grant of citizenship, the statutes must be strictly construed in favor of the United States and against the alien. On October 22, 1928, the court handed down its opinion in the case of Anna Marie Maney, Petitioner, v. The United States of America, in which it affirmed, on writ of certiorari, the judgment of the United States Circuit Court of Appeals for the Seventh Circuit. The latter court had directed the cancellation of the applicant’s certificate of naturalization as having been “illegally procured” because of her failure to file, at the prescribed time and in the required manner, the certificate of her arrival in the United States.

The U.S. Supreme Court Decisions

2020 ◽  
pp. 144-178
Author(s):  
Donald W. Rogers
Keyword(s):  
Supreme Court ◽  
Due Process ◽  
Civil Liberties ◽  
Fourteenth Amendment ◽  
District Court ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Federal Jurisdiction ◽  
The U.S

This chapter traces Hague’s appeal through the Third Circuit Court of Appeals into the U.S. Supreme Court under Chief Justice Charles Evans Hughes, showing how the Hughes court’s inner dynamics explain affirmation of the district court injunction. Observing flux in court personnel and law, the chapter shows that both courts embraced the contemporaneous civil liberties revolution by defending worker speech and assembly rights, but it reveals the Supreme Court as divided over constitutional logic. Justice Owen Roberts’s plurality opinion upheld speech and assembly rights under the Fourteenth Amendment privileges and immunities clause, Justice Harlan Fiske Stone’s concurrence incorporated the First Amendment into the Fourteenth Amendment due-process clause, and dissenters rejected federal jurisdiction. The ruling reflected the contentious evolution of civil liberties jurisprudence, not antiboss or labor law politics.

Obergefell v. Hodges, 2015

2021 ◽  
pp. 191-206
Author(s):  
Michael J. Rosenfeld
Keyword(s):  
Supreme Court ◽  
Federal District ◽  
Supreme Court Decision ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
Same Sex ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The U.S

Chapter 14 tells the story of how Jim Obergefell, whose husband John Arthur was dying, sued the state of Ohio to try to force the state to list Obergefell as the husband on Arthur’s death certificate. Ohio was one of many states whose constitution explicitly rejected recognition of same-sex marriages, wherever they were originally celebrated. Obergefell won in federal district court, but the Sixth Circuit Court of Appeals consolidated his case with DeBoer v. Snyder from Michigan and cases from two other states, and overturned them all. The plaintiffs appealed to the U.S. Supreme Court. The Obergefell v. Hodges Supreme Court decision of 2015 made marriage equality the law of the U.S. After the Obergefell victory, April DeBoer and Jayne Rowse were legally married in Michigan and then cross-adopted their children.

Under the Law

2018 ◽  
Vol 99 (7) ◽  
pp. 76-77 ◽  
Author(s):  
Julie Underwood
Keyword(s):  
North Carolina ◽  
Supreme Court ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The North ◽  
Federal Circuit ◽  
The Law ◽  
Teacher Contracts

Many states are changing teacher contracts to eliminate opportunities for tenure. Julie Underwood explores the constitutional implications of these changes, noting that a federal circuit court of appeals and the North Carolina Supreme Court both found that states cannot retroactively revoke tenure that had previously been granted.

A Sad Journey down History: A Conversation with Judge Nathaniel Jones about Litigating Milliken v. Bradley I (1974), 40 Years Later

2016 ◽  
Vol 118 (3) ◽  
pp. 1-18
Author(s):  
Mark A. Gooden ◽  
Terrance L. Green
Keyword(s):  
Supreme Court ◽  
21St Century ◽  
School Desegregation ◽  
District Court ◽  
General Counsel ◽  
Jimmy Carter ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
The U.S

Nathaniel Jones was born May 12, 1926, in Youngstown, Ohio, and served as the general counsel for the NAACP from 1969–1979. During that time, he litigated the Milliken v. Bradley I case before the U.S. District Court in 1971 and the U.S. Supreme Court in 1974. In 1979, President Jimmy Carter nominated Nathaniel Jones to the U.S. Sixth Circuit Court of Appeals, and at 87 years of age, he still serves as a retired senior judge for the court. Our conversation with the Honorable Judge Nathaniel Jones entails his reflections about Milliken 40 years later, origins of his involvement in the case, and suggestions for school desegregation advocates in the 21st century. To begin, we briefly describe Milliken and how the conversation with Judge Jones came about. We organized our conversation around topical areas about the case, which reflect our interview questions. Our discussion with Judge Jones occurred on March 22, 2014, in Cincinnati, Ohio. This conversation concludes with Nathaniel Jones discussing what Detroit and other urban schools districts could potentially be like if Milliken would have been upheld by the Supreme Court.

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