Legality of Cannabis by U.S. Jurisdiction

Supreme Court of the United States
Map
38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
EstablishedMarch 4, 1789; 235 years ago (1789-03-04)
LocationWashington, D.C.
Coordinates38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444
Composition methodPresidential nomination with Senate confirmation
Authorized byConstitution of the United States, Art. III, § 1
Judge term lengthlife tenure, subject to impeachment and removal
Number of positions9 (by statute)
Websitesupremecourt.gov

This is a list of cases reported in volume 287 of United States Reports, decided by the Supreme Court of the United States in 1932 and 1933.

Justices of the Supreme Court at the time of volume 287 U.S.[edit]

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices).[1] Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice).

When the cases in volume 287 were decided the Court comprised the following nine members:

Portrait Justice Office Home State Succeeded Date confirmed by the Senate
(Vote)
Tenure on Supreme Court
Charles Evans Hughes Chief Justice New York William Howard Taft February 13, 1930
(52–26)
February 24, 1930

June 30, 1941
(Retired)
Willis Van Devanter Associate Justice Wyoming Edward Douglass White (as Associate Justice) December 15, 1910
(Acclamation)
January 3, 1911

June 2, 1937
(Retired)
James Clark McReynolds Associate Justice Tennessee Horace Harmon Lurton August 29, 1914
(44–6)
October 12, 1914

January 31, 1941
(Retired)
Louis Brandeis Associate Justice Massachusetts Joseph Rucker Lamar June 1, 1916
(47–22)
June 5, 1916

February 13, 1939
(Retired)
George Sutherland Associate Justice Utah John Hessin Clarke September 5, 1922
(Acclamation)
October 2, 1922

January 17, 1938
(Retired)
Pierce Butler Associate Justice Minnesota William R. Day December 21, 1922
(61–8)
January 2, 1923

November 16, 1939
(Died)
Harlan F. Stone Associate Justice New York Joseph McKenna February 5, 1925
(71–6)
March 2, 1925

July 2, 1941
(Continued as chief justice)
Owen Roberts Associate Justice Pennsylvania Edward Terry Sanford May 20, 1930
(Acclamation)
June 2, 1930

July 31, 1945
(Resigned)
Benjamin N. Cardozo Associate Justice New York Oliver Wendell Holmes Jr. February 24, 1932
(Acclamation)
March 14, 1932

July 9, 1938
(Died)

Notable Cases in 287 U.S.[edit]

Powell v. Alabama[edit]

Powell v. Alabama, 287 U.S. 45 (1932), is a landmark Supreme Court decision in which the Court reversed the convictions of nine young black men for allegedly raping two white women on a freight train near Scottsboro, Alabama. The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial.

Powell was the first time the Court had reversed a state criminal conviction for a violation of a criminal procedural provision of the United States Bill of Rights.[2] In effect, it held that the Fourteenth Amendment Due Process Clause included at least part of the right to counsel referred to in the Sixth Amendment, making that much of the Bill of Rights binding on the states. Before Powell, the Court had reversed state criminal convictions only for racial discrimination in jury selection — a practice that violated the Equal Protection Clause of the Fourteenth Amendment.[2]

Butler dissented, writing that he would uphold the convictions and death sentences, ignoring the circumstances surrounding the convictions; McReynolds joined the dissent.

Sorrells v. United States[edit]

In Sorrells v. United States, 287 U.S. 435 (1932), the Supreme Court unanimously recognized the entrapment defense. However, while the majority opinion by Chief Justice Charles Evans Hughes located the key to entrapment in the defendant's predisposition or lack thereof to commit the crime, Justice Owen Josephus Roberts' concurring opinion proposed instead that it be rooted in an analysis of the conduct of the law enforcement agents making the arrest. Although the Court has stuck with the predisposition analysis, the dispute has hung over entrapment jurisprudence ever since.

Federal court system[edit]

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate (from the US District Courts) jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction (i.e., in which cases could be filed directly with the Supreme Court without first having been heard by a lower federal or state court). There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.

The Judiciary Act of 1891 created the United States Courts of Appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. The Act created nine new courts that were originally known as the "United States Circuit Courts of Appeals." The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. On January 1, 1912, the effective date of the Judicial Code of 1911, the old Circuit Courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. District Courts.

List of cases in volume 287 U.S.[edit]

Case name Citation Opinion of the Court Vote Concurring opinion or statement Dissenting opinion or statement Procedural jurisdiction Result
Wood, Secretary of State of Mississippi v. Broom 287 U.S. 1 (1932) Hughes 9-0 Brandeis, Stone, Roberts, and Cardozo (brief joint statement) none appeal from the United States District Court for the Southern District of Mississippi (S.D. Miss.) decree reversed, and cause remanded
Stewart Dry Goods Company v. Lewis 287 U.S. 9 (1932) per curiam 9-0 none none appeal from the United States District Court for the Western District of Kentucky (W.D. Ky.) decrees reversed, and causes remanded
New York Central Securities Corporation v. United States 287 U.S. 12 (1932) Hughes 9-0 none none appeal from the United States District Court for the Southern District of New York (S.D.N.Y.) decree affirmed
Mosher v. City of Phoenix 287 U.S. 29 (1932) Hughes 9-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) decrees reversed
Gulf States Steel Company v. United States 287 U.S. 32 (1932) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) judgment affirmed
Powell v. Alabama 287 U.S. 45 (1932) Sutherland 7-2 none Butler (opinion; with which McReynolds concurred) certiorari to the Alabama Supreme Court (Ala.) judgments reversed
United States v. Shreveport Grain and Elevator Company 287 U.S. 77 (1932) Sutherland 9-0 Brandeis, Stone, and Cardozo (joint short statement) none appeal from the United States District Court for the Western District of Louisiana (W.D. La.) judgment reversed
Seaboard Air Line Railroad Company v. Watson 287 U.S. 86 (1932) Butler 8-0[a] none none appeal from the Florida Supreme Court (Fla.) appeal dismissed
Schoenthal v. Irving Trust Company, Trustee in Bankruptcy 287 U.S. 92 (1932) Butler 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment reversed
Washington Fidelity National Insurance Company v. Burton 287 U.S. 97 (1932) Butler 7-2 none Stone (opinion; with which Brandeis concurred) certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment reversed
Burnet, Commissioner of Internal Revenue v. Harmel 287 U.S. 103 (1932) Stone 9-0 none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) judgment reversed
Gebardi v. United States 287 U.S. 112 (1932) Stone 9-0 Cardozo (without opinion) none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) judgment reversed
Grau v. United States 287 U.S. 124 (1932) Roberts 7-2 none Stone and Cardozo (without opinions) certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) judgment reversed
United States ex rel. Stapf v. Corsi, Commissioner of Immigration 287 U.S. 129 (1932) Roberts 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment affirmed
Norfolk and Western Railroad Company v. United States 287 U.S. 134 (1932) Roberts 8-0[b] none none appeal from the United States District Court for the Western District of Virginia (W.D. Va.) judgment affirmed
United States v. Great Northern Railroad Company 287 U.S. 144 (1932) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Eighth Circuit (8th Cir.) judgment affirmed
American Surety Company v. Baldwin 287 U.S. 156 (1932) Brandeis 9-0 none none certiorari to the Idaho Supreme Court (Idaho) certiorari dismissed in one case; decree reversed in one case
Brooklyn Eastern District Terminal v. United States 287 U.S. 170 (1932) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment affirmed
Interstate Commerce Commission v. New York, New Haven and Hartford Railroad Company 287 U.S. 178 (1932) Cardozo 4-3[b][c] none VanDevanter, McReynolds, and Sutherland (joint short statement) certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment reversed
Sgro v. United States 287 U.S. 206 (1932) Hughes 7-2 McReynolds (opinion) Stone and Cardozo (joint short statement) certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment reversed
Burns v. United States 287 U.S. 216 (1932) Hughes 9-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) judgment affirmed
Gwinn v. Commissioner of Internal Revenue 287 U.S. 224 (1932) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) judgment affirmed
Alton Railroad Company v. United States 287 U.S. 229 (1932) Brandeis 9-0 none none appeal from the United States District Court for the Northern District of Illinois (N.D. Ill.) decree reversed, and cause remanded
Ex parte United States 287 U.S. 241 (1932) Sutherland 9-0 none none petition for mandamus to the United States District Court for the Eastern District of Pennsylvania (E.D. Pa.) petition for mandamus granted
Stephenson v. Binford 287 U.S. 251 (1932) Sutherland 8-1 none Butler (without opinion) appeal from the United States District Court for the Southern District of Texas (S.D. Tex.) decree affirmed
Bainbridge v. Merchants and Miners Transportation Company 287 U.S. 278 (1932) Sutherland 9-0 none none certiorari to the Pennsylvania Supreme Court (Pa.) judgment reversed, and cause remanded
Advance-Rumely Thresher Company v. Jackson 287 U.S. 283 (1932) Butler 9-0 Stone and Cardozo (without opinions) none appeal from the North Dakota Supreme Court (N.D.) judgment affirmed
Sun Oil Company v. Dalzell Towing Company, Inc. 287 U.S. 291 (1932) Butler 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) decree affirmed
Detroit International Bridge Company v. Corporation Tax Appeal Board of Michigan 287 U.S. 295 (1932) Butler 9-0 none none appeal from the Michigan Supreme Court (Mich.) judgment affirmed
Murphy Oil Company v. Burnet, Commissioner of Internal Revenue 287 U.S. 299 (1932) Stone 9-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) judgment affirmed
Bankers Pocahontas Coal Company v. Burnet, Commissioner of Internal Revenue 287 U.S. 308 (1932) Stone 9-0 none none certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) judgment affirmed
Strother v. Burnet, Commissioner of Internal Revenue 287 U.S. 314 (1932) Stone 9-0 none none certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) judgment affirmed
Reichelderfer v. Quinn 287 U.S. 315 (1932) Stone 9-0 none none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment reversed
Elting, Collector of Customs v. North German Lloyd 287 U.S. 324 (1932) Stone 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment reversed
Lloyd Sabaudo Societa Anonima per Azioni v. Elting, Collector of Customs 287 U.S. 329 (1932) Stone 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment reversed in part, affirmed in part
Costanzo v. Tillinghast, Commissioner of Immigration 287 U.S. 341 (1932) Roberts 9-0 none none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) judgment affirmed
Porter v. Investment Syndicate 287 U.S. 346 (1932) Roberts 9-0 none none appeal from the United States District Court for the District of Montana (D. Mont.) (on rehearing) prior judgment stands
Shapiro v. Wilgus 287 U.S. 348 (1932) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) decree reversed, and cause remanded
Great Northern Railroad Company v. Sunburst Oil and Refining Company 287 U.S. 358 (1932) Cardozo 9-0 none none certiorari to the Montana Supreme Court (Mont.) judgment affirmed
Cortes v. Baltimore Insular Line, Inc. 287 U.S. 367 (1932) Cardozo 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment reversed, and cause remanded
Sterling, Governor of Texas v. Constantin 287 U.S. 378 (1932) Hughes 9-0 none none appeal from the United States District Court for the Eastern District of Texas (E.D. Tex.) judgment affirmed
Dalton v. Bowers 287 U.S. 404 (1932) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) judgment affirmed
Burnet, Commissioner of Internal Revenue v. Clark 287 U.S. 410 (1932) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment reversed
Burnet, Commissioner of Internal Revenue v. Commonwealth Improvement Company 287 U.S. 415 (1932) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Third Circuit (3d Cir.) judgement reversed
Earle and Stoddart, Inc. v. Ellerman's Wilson Line, Ltd. 287 U.S. 420 (1932) Brandeis 9-0 none none certiorari to the United States Court of Appeals for the Second Circuit (2d Cir.) decree affirmed
General Electric Company v. Marvel Rare Metals Company 287 U.S. 430 (1932) Butler 9-0 none none certiorari to the United States Court of Appeals for the Sixth Circuit (6th Cir.) judgment affirmed
Sorrells v. United States 287 U.S. 435 (1932) Hughes 8-1 Roberts (opinion; with which Brandeis and Stone concurred) McReynolds (without opinion) certiorari to the United States Court of Appeals for the Fourth Circuit (4th Cir.) judgment reversed, and cause remanded
Johnson and Higgins of California v. United States 287 U.S. 459 (1932) Hughes 9-0 none none certiorari to the United States Court of Claims (Ct. Cl.) judgment reversed
Pinellas Ice and Cold Storage Company v. Commissioner of Internal Revenue 287 U.S. 462 (1933) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) judgment affirmed
United States v. Arzner 287 U.S. 470 (1933) McReynolds 9-0 none none certiorari to the United States Court of Appeals for the Ninth Circuit (9th Cir.) judgment affirmed
Fairmont Glass Works v. Cub Fork Coal Company 287 U.S. 474 (1933) Brandeis 7-2 none Stone and Cardozo (joint opinion) certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) judgment reversed
Wabash Valley Electric Company v. Young 287 U.S. 488 (1933) Sutherland 9-0 none none appeal from the United States District Court for the Southern District of Indiana (S.D. Ind.) decree affirmed
Atlantic Coast Line Railroad Company v. Ford 287 U.S. 502 (1933) Sutherland 9-0 none none appeal from the South Carolina Supreme Court (S.C.) judgment affirmed
Guaranty Trust Company v. Blodgett, Tax Commissioner 287 U.S. 509 (1933) Sutherland 9-0 none none appeal from the Superior Court of Fairfield County, Connecticut (Fairfield Cnty. Super. Ct.) judgment affirmed
American Surety Company of New York v. Marotta 287 U.S. 513 (1933) Butler 9-0 none none certiorari to the United States Court of Appeals for the First Circuit (1st Cir.) judgment reversed, and cause remanded
Pobreslo v. Joseph M. Boyd Company 287 U.S. 518 (1933) Butler 9-0 none none appeal from the Wisconsin Supreme Court (Wis.) judgment affirmed
Johnson v. Star 287 U.S. 527 (1933) Butler 9-0 none none appeal from the Texas Supreme Court (Tex.) judgment affirmed
Aetna Life Insurance Company v. Moses 287 U.S. 530 (1933) Stone 9-0 none none certiorari to the United States Court of Appeals for the District of Columbia (D.C. Cir.) judgment reversed, and cause remanded
Burnet, Commissioner of Internal Revenue v. Aluminum Goods Manufacturing Company 287 U.S. 544 (1933) Stone 9-0 none none certiorari to the United States Court of Appeals for the Seventh Circuit (7th Cir.) judgment affirmed
Palmer v. Bender 287 U.S. 551 (1933) Stone 9-0 none none certiorari to the United States Court of Appeals for the Fifth Circuit (5th Cir.) judgment reversed
[a] Brandeis took no part in the case
[b] Butler took no part in the case
[c] Hughes took no part in the case

Notes and references[edit]

  1. ^ "Supreme Court Research Guide". Georgetown Law Library. Retrieved April 7, 2021.
  2. ^ a b Klarman, Michael J. (2000). "The Racial Origins of Modern Criminal Procedure". Michigan Law Review. 99 (1): 48–97. doi:10.2307/1290325. JSTOR 1290325.

External links[edit]