A proclamation by President George Washington and a congressional resolution established the first national Thanksgiving Day on November 26, 1789. The holiday was intended to give thanks for the new government formed under the Constitution. It became an official federal holiday under President Lincoln in 1863, and in 1941 was set as the fourth Thursday in November.
The Equal Rights Amendment (ERA), which sought to guarantee equal rights for women, was introduced in 1923 but not submitted for ratification until 1972. It was ultimately ratified by 35 states (although five of these later voted to rescind their ratifications) before its last deadline for expiry in 1982. Two states have subsequently ratified it, with Virginia now poised to become the 38th state to do so. It remains unclear whether post-deadline ratifications can be valid, and whether states have the authority to rescind their previous ratifications.
While common in Europe, only 3 US states have ‘duty to rescue’ laws, otherwise known colloquially as ‘bad Samaritan laws’, on the books. These laws, which exist in Minnesota, Rhode Island, and Vermont, make it a crime to not provide reasonable assistance to a stranger in distress. These laws have proven to be very controversial, with critics pointing to issues such as unenforceability, government overreach, and the risk they will lead to more unintended deaths among would-be rescuers. Indeed, a 2006 article in the Texas Law Review by Professor David Hyman argues that would-be rescuers are at least 65 times more likely to die than are victims of non- rescue.
Only one Supreme Court justice has faced impeachment: Samuel Chase, justice from 1796 to 1811. A signer of the Declaration of Independence (representing Maryland), Chase faced impeachment precipitated by President Thomas Jefferson’s belief that Chase had shown inappropriate political bias in his rulings as a trial judge in lower circuit courts (a practice required of justices at the time). In 1804 the House of Representatives voted to impeach Chase based on 8 articles of impeachment, but he was acquitted in the Senate the following year. This precedent is widely considered to have cemented the idea that federal judges should be free from the appearance of partisanship.
In 1971 a plaintiff filed a pauper’s suit in U.S. District Court, on behalf of himself and all other similarly situated, against Satan and his servants. Plaintiff alleged that Satan had “threatened him, caused him misery, impeded his course in life, and generally precipitated his downfall”. His suit was unsuccessful, the court denying him relief on the grounds that (a) it had “serious doubts that the complaint reveals a cause of action upon which relief can be granted”; (b) there were no showing that the defendant resided in the district; and (c) if allowed, the Court could not determine if the plaintiff would “fairly protect the interests of the class”. The Court also noted the plaintiff had not provided instructions as to how to serve process upon the defendant. The case may be found at U.S. ex rel. Gerald Mayo v. Satan And His Staff, 54 F.R.D. 282 (1971). Happy Halloween!
Only one state, Oregon, allows for non-unanimous verdicts for non-homicide felonies, allowing conviction on a 10-2 or 11-1 vote. A bill that would have brought this to a public referendum was not passed by the state legislature. The Supreme Court will take up the issue in its 2019-2020 term, deciding a Louisiana case (Ramos v. Louisiana) that involves a split verdict in a murder case that occurred in 2016. Louisiana had abolished the practice in the fall of 2018 via public referendum but it does not apply retroactively.
Title 50, §21.12(d) of the Code of Federal Regulations prohibits removing a bald or golden eagle from a building without a permit from the Regional Migratory Bird Permits Office. So if one flies into your house, make sure you have the right permit.
In the case of Nix v. Gedden (1893), the Court had to decide the weighty issue of whether a tomato should be considered a fruit or vegetable. Due to the Tariff Act of 1883, imported tomatoes were subject to a large tariff unless they were classified as a fruit. While botanically tomatoes are classified as fruit, the Supreme Court unanimously ruled that under the “ordinary meaning” of the word it was generally considered a vegetable (by way of example, the Court noted that tomatoes are customarily served as a side dish to a main course rather than as desert, as is the case with fruit). The case remains an important holding illustrating that in statutory interpretation courts will look to the ordinary meaning of words unless they have become invested with special legal or commercial meaning, which was not the case here.
Only one president is known to have acted as a legal executioner: Grover Cleveland, who in an earlier career as sheriff of Erie County, NY, personally hanged two murderers in 1872 and 1873. Cleveland also remains the only president to serve two non-consecutive terms in office: 1885-1889; and 1893-1897.
A growing number of municipalities are outlawing texting and walking. Honolulu was the first to do so in 2017 under the “Distracted Walking Law”, which bans texting while crossing an intersection. Other cities have followed suit, although some laws are even more restrictive: Montclair CA bans texting, using earphones or talking on a cell phone while crossing the street. The Massachusetts State House has been considering a bill since 2017 that would fine pedestrians who ‘jaywalk’ while using headphones or a mobile device.
Connecticut and Rhode Island were the only two states to fail to ratify the 18th amendment, which ushered in Prohibition following its ratification in January 1919. The 18th Amendment is the only constitutional amendment to have been repealed in its entirety, by virtue of the 23rd Amendment in 1933. Cheers!
The 5th floor of the Supreme Court building contains a basketball court, nicknamed “the highest court of the land”. The Supreme Court courtroom sits below it on the 4th floor, and the basketball court may not be used while the Court is in session.
Candid shot of clerks using the basketball court at the Supreme Court building. The space is not open to the general public.