| Supreme Court October Term | Case | Subject Matter(s) | Description of Unconstitutional Provision(s) | Constitutional Provision(s) Invoked | Constitutional Clause(s) Invoked |
|---|---|---|---|---|---|
| 2019 | Barr v. American Ass’n of Political Consultants, Inc., 140 S. Ct. 2335 (2020) |
Business and Corporate Law | 47 U.S.C. 227(b)(1)(A)(iii): The government debt collection exemption to the robocall restriction in the Telephone Consumer Protection Act. | First Amendment | Free Speech Clause |
| 2019 | June Medical Services LLC v. Russo, 140 S. Ct. 2103 (2020) |
Healthcare Law | La. Rev. Stat. Ann. §40:1061.10(A)(2)(a): A Louisiana law requiring abortion providers to have admitting privileges at hospitals within 30 miles of where an abortion is performed or induced. | Fourteenth Amendment | — |
| 2019 | Seila Law LLC v. Consumer Financial Protection Bureau, 140 S. Ct. 2183 (2020) |
Banking Law | 12 U.S.C. § 5491(c)(3): A provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act stating that the President may only remove the Director of the Consumer Financial Protection Bureau “for inefficiency, neglect of duty, or malfeasance in office.” | Article II, Section 1, Clause 1 | Separation of Powers Doctrine |
| 2019 | Ramos v. Louisiana, 140 S. Ct. 1390 (2020) |
Criminal Law and Procedure | La. Const. art. I, § 17(A): A provision of the Louisiana constitution allowing criminal conviction by a nonunanimous jury. | Sixth Amendment | Right to Trial by Jury |
| 2019 | Allen v. Cooper, 140 S. Ct. 994 (2020) |
Intellectual Property Law | 17 U.S.C. § 511(a): A provision of the Copyright Remedy Clarification Act that abrogated state sovereign immunity in copyright infringement cases. | Article I, Section 8, Clause 8; Fourteenth Amendment, Section 5 |
— |
| 2018 | Dawson v. Steager, 139 S. Ct. 698 (2019) |
Tax Law | W. Va. Code §11-21-12(c)(6): A West Virginia statute providing a tax exemption for the retirement benefits of certain state law enforcement employees but not for federal retirees who had comparable job duties. | Article VI, Section 1, Clause 2 | Supremacy Clause |
| 2018 | Iancu v. Brunetti, 139 S. Ct. 2294 (2019) |
Intellectual Property Law | 15 U.S.C. § 1052(a): A provision of the Lanham Act prohibiting the registration of trademarks that “consist[] of or comprise[] immoral . . . or scandalous matter.” | First Amendment | Free Speech Clause |
| 2018 | Tennessee Wine and Spirits Retailers Association v. Thomas, 139 S. Ct. 2449 (2019) |
Trade Law | Tenn. Code Ann. § 57-3-204(b)(2)(A): Tennessee law creating 2-year residency requirement for alcohol retailers to obtain a license. | Article I, Section 8, Clause 3 | Commerce Clause |
| 2018 | United States v. Davis, 139 S. Ct. 2319 (2019) |
Criminal Law and Procedure | 18 U.S.C. § 924(c)(1)(A): A residual clause in the Firearms Owners’ Protection Act that defines the term “crime of violence.” | Fifth Amendment | Due Process Clause |
| 2017 | Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018) |
Labor and Employment Law | 5 Ill. Comp. Stat. 315/6(e): Illinois statute that allows exclusive representatives of public employees to enter into collective bargaining agreements that require nonconsenting employees to pay certain fees to the representative. | First Amendment | Free Speech Clause |
| 2017 | Minnesota Voters Alliance v. Mansky, 138 S. Ct. 1876 (2018) |
Elections Law | Minn. Stat. § 211B.11 (2017): Minnesota statute stating that political insignia may not be worn at polling places. | First Amendment | Free Speech Clause |
| 2017 | Murphy v. National Collegiate Athletic Association, 138 S. Ct. 1461 (2018) |
Government Operations | 28 U.S.C. §§ 3701 et seq.: Professional and Amateur Sports Protection Act, prohibiting states from authorizing sports gambling schemes. | Tenth Amendment | – |
| 2017 | National Institute of Family & Life Advocates v. Becerra, 138 S. Ct. 2361 (2018) |
Healthcare Law | Cal. Health & Safety Code § 123472: California law requiring certain (1) medically licensed pro-life centers that offer pregnancy-related services to notify clients that the state provides free or low-cost services, including abortion; and (2) unlicensed pro-life centers that offer-pregnancy-related services to disclose that the state has not licensed the clinics. | First Amendment | Free Speech Clause |
| 2017 | Sessions v. Dimaya, 138 S. Ct. 1204 (2018) |
Criminal Law and Procedure | 18 U.S.C. § 16: The residual clause of the provision of the federal criminal code that defines the term “crime of violence.” | Fifth Amendment | Due Process Clause |
| 2016 | Cooper v. Harris, 137 S. Ct. 1455 (2017) |
Elections Law | North Carolina plan redrawing two congressional districts. | Fourteenth Amendment | Equal Protection Clause |
| 2016 | Matal v. Tam, 137 S. Ct. 1744 (2017) |
Trade Law | 15 U.S.C. § 1052(a): Disparagement Clause of the Lanham Act banning federal registration of trademarks that may be disparaging to persons or groups. | First Amendment | Free Speech Clause |
| 2016 | Nelson v. Colorado, 137 S. Ct. 1249 (2017) |
Criminal Law and Procedure | Colo. Rev. Stat. §§ 13-65-101, 13-65-102, 13-65-103 (2016): Colorado statute requiring exonerated persons to prevail in separate civil proceeding to obtain refund of costs, fees, and restitution paid in connection with exonerated conviction. | Fourteenth Amendment | Due Process Clause |
| 2016 | Packingham v. North Carolina, 137 S. Ct. 1730 (2017) |
Civil Rights Law | N.C. Gen. Stat. Ann. §§ 14-202.5(a), (e): North Carolina statute making it a felony for a registered sex offender “to access a commercial social networking Web site where the sex offender knows that the site permits minor children to become members or to create or maintain personal Web pages.” | First Amendment | Free Speech Clause |
| 2016 | Pavan v. Smith, 137 S. Ct. 2075 (2017) |
Ark. Code §20-18-401 (2014): Arkansas statute requiring name of mother’s “husband” to be entered on birth certificate as father of child, if mother is married. | Fourteenth Amendment | Due Process Clause | |
| 2016 | Sessions v. Morales-Santana, 137 S. Ct. 1678 (2017) |
Immigration Law | 8 U.S.C. § 1401(a)(7): Immigration provision imposing a gender-based differential concerning acquisition of U.S. citizenship by a child born abroad, when one parent is a U.S. citizen and the other a citizen of another nation. | Fifth Amendment | Due Process Clause; Equal Protection Clause |
| 2016 | Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 (2017) |
Civil Rights Law; Education Law |
Missouri Department of Natural Resources policy excluding churches and other religious organizations from grant program for resurfacing playgrounds. | First Amendment | Free Exercise Clause |
| 2015 | Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) |
Civil Rights Law; Criminal Law and Procedure |
N.D. Cent. Code Ann. §§ 39-20-01(3)(a); 39-08-01(2): North Dakota statute imposing criminal penalties on a driver’s refusal to consent to a blood test to determine driver’s BAC. | Fourth Amendment | Search and Seizure Clause |
| 2015 | Hurst v. Florida, 136 S. Ct. 616 (2016) |
Civil Rights Law; Criminal Law and Procedure |
Fla. Stat. § 775.082(1) (2010): Florida statute requiring judge to hold separate hearing to determine whether aggravating circumstances justified death penalty, and allowing judge to impose sentence based on judicial fact-finding. | Sixth Amendment | Right to Trial by Jury |
| 2015 | Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016) |
Civil Rights Law; Healthcare Law |
Tex. Health & Safety Code Ann. §171.0031(a) (West Cum. Supp. 2015): Texas statute providing that physicians performing abortions must have admitting privileges at local hospital.
Tex. Health & Safety Code Ann. §245.010(a): Texas statute providing that abortion facilities must meet minimum standards for surgical centers. |
Fourteenth Amendment | Due Process Clause |
| 2014 | City of Los Angeles v. Patel, 576 U.S. 409 (2015) |
Civil Rights Law | Los Angeles Municipal Code § 41.49 (2015): Los Angeles ordinance requiring every hotel operator “to keep a record” containing specified information about guests and to make this record “available to any officer of the Los Angeles Police Department for inspection” on demand. | Fourth Amendment | Search and Seizure Clause |
| 2014 | Comptroller of the Treasury v. Wynne, 575 U.S. 542 (2015) |
Tax Law | Md. Tax-Gen. Code Ann. § §10-703 (2010): Maryland statute allowing residents to claim credit for income taxes paid to other states against payment of Maryland state taxes, but not against county taxes. | Article I, Section 8, Clause 3 | Commerce Clause |
| 2014 | Horne v. Department of Agriculture, 576 U.S. 351 (2015) |
Food and Drug Law | 7 C.F.R. § 989.66: U.S. Department of Agriculture’s California Raisin Marketing Order requiring a percentage of a grower’s crop be physically set aside in certain years for the account of the Government, free of charge. | Fifth Amendment | Takings Clause |
| 2014 | Johnson v. United States, 576 U.S. 591 (2015) |
Criminal Law and Procedure | 18 U.S.C. § 924(e)(2)(B): Statute imposing an increased sentence under the residual clause of the Armed Career Criminal Act. | Fifth Amendment | Due Process Clause |
| 2014 | Obergefell v. Hodges, 576 U.S. 644 (2015) |
Civil Rights Law; Family Law |
Mich. Const. art. I, § 25; Ky. Const. § 233A; Ohio Rev. Code Ann. § 3101.01 (Lexis 2008); Tenn. Const. art. XI, §18: Statutory and constitutional provisions of Michigan, Kentucky, Ohio, and Tennessee defining marriage as a union between one man and one woman. | Fourteenth Amendment | Due Process Clause |
| 2014 | Reed v. Town of Gilbert, 576 U.S. 155 (2015) |
Civil Rights Law | Gilbert, Ariz., Land Dev. Code, ch. 1, § 4.402 (2005): Arizona town’s sign code prohibiting display of outdoor signs without a permit, but exempting certain categories of signs, including ideological, political and some temporary wayfinding signs. | First Amendment | Free Speech Clause |
| 2014 | Zivotofsky v. Kerry, 576 U.S. 1 (2015) |
Government Operations | Pub. L. No. 107-228, § 214(d), 116 Stat. 1350, 1366 (2002): Section 214(d) of the Foreign Relations Authorization Act requiring that, “[f]or purposes of the registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary [of State] shall, upon the request of the citizen or the citizen’s legal guardian, record the place of birth as Israel.” | Article II, Section 3; Article II, Section 2, Clause 2 |
Reception Clause |
| 2013 | Hall v. Florida, 572 U.S. 701 (2014) |
Civil Rights Law; Criminal Law and Procedure |
Fla. Stat. § 921.137(1) (2013): Florida statute requiring threshold showing that defendant has an IQ test score of 70 or less before allowing him to present evidence of intellectual disability, for purposes of imposing death penalty. | Eighth Amendment | Cruel and Unusual Punishment Clause |
| 2013 | Harris v. Quinn, 573 U.S. 616 (2014) |
Labor and Employment Law | Ill. Comp. Stat., ch. 5, § 315/6(e): Illinois Public Labor Relations Act allowing collective bargaining agreements to require “employees covered by the agreement who are not members of the organization to pay their proportionate share of the costs of the collective-bargaining process, contract administration and pursuing matters affecting wages, hours and conditions of employment.” | First Amendment | Free Speech Clause |
| 2013 | McCullen v. Coakley, 573 U.S. 464 (2014) |
Civil Rights Law | Mass. Gen. Laws, ch. 266, § 120E1/2(a), (b) (West 2000): Massachusetts Reproductive Health Care Facilities Act making it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any place, other than a hospital, where abortions are performed. | First Amendment | Free Speech Clause |
| 2013 | McCutcheon v. Federal Election Commission, 572 U.S. 185 (2014) |
Elections Law | 2 U.S.C. § 441a(a)(3): “Aggregate limits” provision of the Federal Election Campaign Act of 1971, as amended by the Bipartisan Campaign Reform Act of 2002, restricting how much money a donor may contribute in total to all candidates or committees | First Amendment | Free Speech Clause |
| 2012 | Agency for International Development v. Alliance for Open Society International, Inc., 570 U.S. 205 (2013) |
Healthcare Law | 22 U.S.C. § 7631(f): Funding condition of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 stating that no funds may be used by an organization “that does not have a policy explicitly opposing prostitution and sex trafficking.” | First Amendment | Free Speech Clause |
| 2012 | Shelby County v. Holder, 570 U.S. 529 (2013) |
Elections Law | 42 U.S.C. § 1973b(b): Voting Rights Act of 1965 § 4(b) providing the formula for determining the states or electoral districts that are required to submit electoral changes to the U.S. Department of Justice or a federal court for preclearance. | Fifteenth Amendment | – |
| 2012 | United States v. Windsor, 570 U.S. 744 (2013) |
Civil Rights Law | 1 U.S.C. § 7: Defense of Marriage Act § 3 amending the Dictionary Act to provide a federal definition of “marriage” as between one man and one woman. | Fifth Amendment | Due Process Clause |
| 2011 | American Tradition Partnership v. Bullock, 567 U.S. 516 (2012) |
Civil Rights Law; Elections Law |
Mont. Code Ann. §13-35-227(1) (2011): Montana statute prohibiting corporations from making “an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or a political party.” | First Amendment | Free Speech Clause |
| 2011 | Coleman v. Court of Appeals, 566 U.S. 30 (2012) |
Labor and Employment Law | 29 U.S.C. §2612(a)(1)(D): Provision requiring employers, including state employers, to grant unpaid leave for self care for a serious medical condition, provided other statutory requisites are met, and allowing for suits against the state to enforce this provision. | Eleventh Amendment; Fourteenth Amendment, Section 5 |
– |
| 2011 | Miller v. Alabama, 567 U.S. 460 (2012) |
Civil Rights Law; Criminal Law and Procedure |
Alabama and Arkansas laws requiring juveniles in some circumstances to be sentenced to life-without-parole terms. Ala. Code §§ 13A-5-40(9), 13A-6-2(c) (1982) and Ark. Code Ann. § 5-4-104(b) (1997). | Eighth Amendment | Cruel and Unusual Punishment Clause |
| 2011 | National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012) |
Healthcare Law | 42 U.S.C. § 1396c: Patient Protection and Affordable Care Act provision mandating Medicaid coverage. | Tenth Amendment | – |
| 2011 | United States v. Alvarez, 567 U.S. 709 (2012) |
Criminal Law and Procedure | 18 U.S.C. § 704: Stolen Valor Act of 2005 penalizing any false claim of having been awarded a military decoration or medal. | First Amendment | Free Speech Clause |
| 2010 | Arizona Free Enterprise Club’s Freedom Club PAC v. Bennett, 564 U.S. 721 (2011) |
Elections Law | Ariz. Rev. Stat. Ann. § 16-952(A), (B), and (C)(4)–(5) (West 2006 and Supp. 2010): Arizona Citizens Clean Elections Act creating public financing system for elections that included matching funds provision. | First Amendment | Free Speech Clause |
| 2010 | Brown v. Entertainment Merchants Association, 564 U.S. 786 (2011) |
Civil Rights Law | Cal. Civ. Code Ann. §§ 1746–1746.5 (West 2009): California statute prohibiting sale or rental of “violent video games” to minors. | First Amendment | Free Speech Clause |
| 2010 | Pepper v. United States, 562 U.S. 476 (2011) |
Criminal Law and Procedure | 18 U.S.C. § 3742(g)(2): Statutory limitation on the use of post-conviction behavior during resentencing to depart from the Sentencing Guidelines is no longer valid after United States v. Booker. | Sixth Amendment | Right to Trial by Jury |
| 2010 | Sorrell v. IMS Health Inc., 564 U.S. 552 (2011) |
Civil Rights Law | Vt. Stat. Ann., Tit. 18, § 4631 (Supp. 2010): “Vermont law restrict[ing] the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors.” Sorrell, 564 U.S. at 557. | First Amendment | Free Speech Clause |
| 2009 | Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) |
Elections Law | 2 U.S.C. § 441b: Federal law prohibiting corporations and unions from using their general treasury funds to make independent expenditures for “electioneering communication” or for speech expressly advocating the election or defeat of a candidate. | First Amendment | Free Speech Clause |
| 2009 | Free Enterprise Fund v. Public Company Accounting Oversight Board, 561 U.S. 477 (2010) |
Business and Corporate Law | 15 U.S.C. §§ 7211(e)(6), 7217(d)(3): Provisions of the Sarbanes-Oxley Act of 2002 under which members of the Public Company Accounting Oversight Board cannot be removed by the Securities & Exchange Commission at will, but only “for good cause shown,” “in accordance with” certain procedures. | Article II, Section 1, Clause 1 | Separation of Powers Doctrine |
| 2009 | McDonald v. City of Chicago, 561 U.S. 742 (2010) |
Civil Rights Law | Chicago, Ill., Municipal Code § 8-20-040(a) (2009); Oak Park, Ill., Village Code §§ 27-2-1 (2007), 27-1-1 (2009): City of Chicago and Village of Oak Park prohibiting possession of most handguns. | Second Amendment | – |
| 2009 | United States v. Stevens, 559 U.S. 460 (2010) |
Criminal Law and Procedure | 18 U.S.C. § 48: Statute criminalizing the commercial creation, sale, or possession of certain depictions of animal cruelty. | First Amendment | Free Speech Clause |
| 2008 | Haywood v. Drown, 556 U.S. 729 (2009) |
Civil Rights Law | New York statute divesting state trial courts of jurisdiction over § 1983 suits seeking damages from correction officers, and requiring such claims to be brought in the court of claims as claims against the state. | Article VI, Section 1, Clause 2 | Supremacy Clause |
| 2008 | Polar Tankers, Inc. v. City of Valdez, 557 U.S. 1 (2009) |
Tax Law | Valdez Ordinance No. 99-17 (1999): City of Valdez, Alaska, ordinance imposing a personal property tax upon the value of large ships that travelled to and from that city. | Article I, Section 10, Clause 3 | Tonnage Clause |
| 2007 | Boumediene V. Bush, 553 U.S. 723 (2008) |
Criminal Law and Procedure | 28 U.S.C. § 2241(e): Provision of the Detainee Treatment Act amending the Military Commissions Act of 2006 to eliminate federal habeas jurisdiction over alien detainees held at Guantanamo Bay, Cuba. | Article I, Section 9, Clause 2 | Suspension Clause |
| 2007 | Davis v. Federal Election Commission, 554 U.S. 724 (2008) |
Elections Law | 2 U.S.C. § 441a-1(a), (b): Sections 319(a) and (b) of the Bipartisan Campaign Reform Act of 2002 providing that if a “self-financing” candidate for the House of Representatives spends more than a specified amount, his opponent may accept more contributions than otherwise permitted, as well as a disclosure requirements designed to implement the asymmetrical contribution. | First Amendment | Free Speech Clause |
| 2007 | District of Columbia v. Heller, 554 U.S. 570 (2008) |
Civil Rights Law | D.C. Code §§ 7-2501.01(12), 7-2502.01(a), 7-2502.02(a)(4) (2001): D.C. ordinance prohibiting possession of handguns
D.C. Code §§ 22-4504(a), 22-4506 (2001): D.C. ordinance prohibiting carrying unlicensed handguns except with 1-year license issued by chief of police, D.C. Code § 7-2507.02 (2001): D.C. ordinance requiring that lawfully owned firearms be kept unloaded. |
Second Amendment | – |
| 2007 | Kennedy v. Louisiana, 554 U.S. 407 (2008) |
Civil Rights Law; Criminal Law and Procedure |
La. Stat. Ann. § 14:42 (West 1997 and Supp. 1998): Louisiana statute authorizing capital punishment for the rape of a child under twelve years of age. | Eighth Amendment | Cruel and Unusual Punishment Clause |
| 2006 | Cunningham v. California, 549 U.S. 270 (2007) |
Civil Rights Law; Criminal Law and Procedure |
Cal. Penal Code § 1170(b): California’s Determinate Sentencing Law allowing judges to sentence defendants to higher terms based on judicial findings of aggravating facts. | Sixth Amendment | Right to Trial by Jury |
| 2006 | Parents Involved in Community Schools v. Seattle School District No. 1, 551 U.S. 701 (2007) |
Civil Rights Law | Policy of Seattle public schools using students’ race as one of a series of “tiebreakers” to determine which high school students would attend. Policy of Jefferson County public schools, in Kentucky, assigning some students to different schools if student’s race would contribute to racial imbalance. | Fourteenth Amendment | Equal Protection Clause |
| 2005 | Randall v. Sorrell, 548 U.S. 230 (2006) |
Civil Rights Law | Vt. Stat. Ann., Tit. 17, §§ 2801, 2805, 2809: Vermont statute limiting amounts that individuals, corporations, and political committees, as well as candidates themselves, could contribute to campaigns for candidates for state office. | First Amendment | Free Speech Clause |
| 2004 | Granholm v. Heald, 544 U.S. 460 (2005) |
Business and Corporate Law; Trade Law |
Mich. Comp. Laws § 436.1113(9) (2001); §§ 436.1537(2)-(3); Mich. Admin. Code r.436.1011(7)(b) (2003): Michigan statute allowing in-state wineries, but not out-of-state wineries, to apply for licenses to directly ship wine to Michigan consumers.
N.Y. Alco. Bev. Cont. Law § 3(37) (McKinney 2005): New York statute requiring out-of-state wineries to become licensed New York wineries before they could directly ship wine to New York consumers. |
Article I, Section 8, Clause 3 | Commerce Clause |
| 2004 | Halbert v. Michigan, 545 U.S. 605 (2005) |
Civil Rights Law; Criminal Law and Procedure |
Mich. Comp. Laws Ann. § 770.3a (West 2000): Michigan statute providing that most indigent defendants who pled guilty, guilty but mentally ill, or nolo contendere would not have appellate counsel appointed. | Fourteenth Amendment | Due Process Clause; Equal Protection Clause |
| 2004 | Roper v. Simmons, 543 U.S. 551 (2005) |
Civil Rights Law; Criminal Law and Procedure |
Mo. Rev. Stat. §§ 211.021 (2000) and 211.031 (Supp. 2003): Missouri statute providing that seventeen-year-olds were adults outside the jurisdiction of the juvenile court.
Mo. Rev. Stat. § 565.020.2 (2000): Missouri statute allowing for the imposition of the death penalty. |
Eighth Amendment | Cruel and Unusual Punishment Clause |
| 2004 | United States v. Booker, 543 U.S. 220 (2005) |
Criminal Law and Procedure | 18 U.S.C. §§ 3553(b)(1), 3742(e): Two provisions of the Sentencing Reform Act of 1984, one making the Federal Sentencing Guidelines mandatory, and the other setting standards to govern appeals of departures from the mandatory Guidelines. | Sixth Amendment | Right to Trial by Jury |
| 2003 | Blakely v. Washington, 542 U.S. 296 (2004) |
Civil Rights Law; Criminal Law and Procedure |
Wash. Rev. Code. Ann. § 9.94A.120(2) (2000): Washington statute allowing judges to impose higher sentences if they found substantial and compelling reasons justified upward departure. | Sixth Amendment | Right to Trial by Jury |
| 2003 | Mcconnell v. Federal Election Commission, 540 U.S. 93 (2003) |
Elections Law | 2 U.S.C. § 441b(b)(2): Section 203 of the Bipartisan Campaign Reform Act of 2002 amending the Federal Election Campaign Act of 1971 to require political parties to choose between coordinated and independent expenditures during the post-nomination, pre-election period and to prohibit persons “17 years old or younger” from contributing to candidates or political parties. | First Amendment | Free Speech Clause |
| 2002 | American Insurance Association v. Garamendi, 539 U.S. 396 (2003) |
Insurance Law | Cal. Ins. Code Ann. §§ 13800-13807 (West Cum. Supp. 2003): California’s Holocaust Victim Insurance Relief Act of 1999 requiring insurers doing business in the state to disclose insurance policies issued “to persons in Europe, which were in effect between 1920 and 1945.” | Article II | Vesting Clause |
| 2002 | Gratz v. Bollinger, 539 U.S. 244 (2003) |
Civil Rights Law; Education Law |
University of Michigan’s undergraduate admissions policy awarding points based on applicant’s race. | Fourteenth Amendment | Equal Protection Clause |
| 2002 | Lawrence v. Texas, 539 U.S. 558 (2003) |
Civil Rights Law | Tex. Penal Code Ann. § 21.06(a) (2003): Texas statute criminalizing “deviate sexual intercourse with another individual of the same sex.” | Fourteenth Amendment | Due Process Clause |
| 2002 | Stogner v. California, 539 U.S. 607 (2003) |
Civil Rights Law; Criminal Law and Procedure |
Cal. Penal Code Ann. § 803(g)(3)(A) (West Supp. 2003): California statute allowing prosecution of certain crimes after the previously applicable period of limitations for those crimes had expired. | Article I, Section 10, Clause 1 | Ex Post Facto Clause |
| 2002 | Virginia v. Black, 538 U.S. 343 (2003) |
Civil Rights Law | Va. Code Ann. § 18.2-423 (1996): Virginia statute banning cross burning with “an intent to intimidate a person or group of persons.” | First Amendment | Free Speech Clause |
| 2001 | Ashcroft, v. Free Speech Coalition, 535 U.S. 234 (2002) |
Advertising, Publishing, and Communications Law | 18 U.S.C. § 2256(8)(B), (D): Two provisions of the Child Pornography Prevention Act of 1996 extending the federal prohibition against child pornography to sexually explicit images that appear to depict minors but are “virtual” pornography that do not involve a child in the production process. | First Amendment | Free Speech Clause |
| 2001 | Atkins v. Virginia, 536 U.S. 304 (2002) |
Civil Rights Law; Criminal Law and Procedure |
Virginia law failing to exempt mentally retarded defendants from imposition of death penalty. | Eighth Amendment | – |
| 2001 | Republican Party of Minnesota v. White, 536 U.S. 765 (2002) |
Civil Rights Law; Legal Ethics |
Minn. Code of Judicial Conduct, Canon 5(A)(3)(d)(i) (2000): Minnesota’s Code of Judicial Conduct prohibiting judicial candidates from announcing their “views on disputed legal or political issues.” | First Amendment | Free Speech Clause |
| 2001 | Ring v. Arizona, 536 U.S. 584 (2002) |
Civil Rights Law; Criminal Law and Procedure |
Ariz. Rev. Stat. Ann. § 13-703, 13-1105(C): Arizona statute requiring judge to make certain factual findings before sentencing criminal defendant to death. | Sixth Amendment | Right to Trial by Jury |
| 2001 | Thompson v. Western States Medical Center, 535 U.S. 357 (2002) |
Advertising, Publishing, and Communications Law; Food and Drug Law |
21 U.S.C. § 353a: Section 503A of the Food and Drug Administration Modernization Act of 1997 exempting “compounded drugs” from the Food and Drug Administration’s standard drug approval requirements if they refrain from advertising or promoting particular compounded drugs. | First Amendment | Free Speech Clause |
| 2001 | Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150 (2001) |
Civil Rights Law | Stratton, Ohio, Ordinance No. 1998-5: Village ordinance prohibiting people from entering private residential property to promote a cause without a permit. | First Amendment | Free Speech Clause |
| 2000 | Board of Trustees of the University of Alabama v Garrett, 531 U.S. 356 (2001) |
Labor and Employment Law | 42 U.S.C. §§ 12112–17: Provision of the Americans with Disabilities Act of 1990 subjecting states to suits in federal courts brought by state employees to collect money damages for the state’s failure to make reasonable accommodations for qualified individuals with disabilities. | Eleventh Amendment; Fourteenth Amendment, Section 5 | – |
| 2000 | City of Indianapolis v. Edmond, 531 U.S. 32 (2000) |
Civil Rights Law; Criminal Law and Procedure |
Indiana Police Department written directives implementing a highway checkpoint program that stopped vehicles to search for illegal narcotics. | Fourth Amendment | Search and Seizure Clause |
| 2000 | Cook v. Gralike, 531 U.S. 510 (2001) |
Elections Law | Mo. Const., Art. VIII, § 17(1): Provision of Missouri Constitution instructing Members of Missouri’s congressional delegation to use their powers to pass Congressional Term Limits Amendment, and requiring election ballots to indicate whether candidates supported that proposed amendment. | Article I, Section 4, Clause 1 | Elections Clause |
| 2000 | Ferguson v. City of Charleston, 532 U.S. 67 (2001) |
Civil Rights Law; Criminal Law and Procedure |
State hospital’s policy of testing all pregnant patients’ urine for drugs and referring women who tested positive for cocaine to local law enforcement. | Fourth Amendment | Search and Seizure Clause |
| 2000 | Good News Club, v. Milford Central School, 533 U.S. 98 (2001) |
Civil Rights Law | School policy opening school to public use, but prohibiting use of school for religious purposes. | First Amendment | Free Speech Clause |
| 2000 | Legal Services Corporation v. Velazquez, 531 U.S. 533 (2001) |
Government Operations; Pensions and Benefits Law |
Omnibus Consolidated Rescissions and Appropriations Act of 1996 § 504, 110 Stat. 1321–53: Provisions of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 prohibiting funding of any organization “that initiates legal representation or participates in any other way, in litigation, lobbying, or rulemaking, involving an effort to reform a Federal or State welfare system.” | First Amendment | Free Speech Clause |
| 2000 | Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001) |
Civil Rights Law | 940 Code of Mass. Regs. §§ 21.04(5)(a)-(b), 22.06(5)(a)-(b) (2000): Massachusetts regulations banning outdoor adverting and restricting retail advertising of smokeless tobacco and cigars within a 1,000-foot radius of a school or playground. | First Amendment | Free Speech Clause |
| 2000 | United States v. Hatter, 532 U.S. 557 (2001) |
Government Operations; Tax Law |
42 U.S.C. § 410(a)(5)(E): Retroactively extending the Social Security law to require then-sitting judges to join the Social Security System and pay Social Security taxes. | Article III, Section 1 | Compensation Clause |
| 2000 | United States v. United Foods, Inc., 533 U.S. 405 (2001) |
Food and Drug Law | 7 U.S.C. §§ 6101 et seq.: Provisions of the Mushroom Promotion, Research, and Consumer Information Act imposing mandatory assessments on mushroom handlers for the purpose of funding generic advertising to promote mushroom sales. | First Amendment | – |
| 1999 | Apprendi v. New Jersey, 530 U.S. 466 (2000) |
N.J. Stat. Ann. § 2C:44-3(e) (West Supp. 2000): New Jersey hate crime statute that provided for an enhanced sentence if a trial judge found by a preponderance of the evidence that the defendant acted with the purpose to intimidate a person or group because of their race, gender, handicap, religion, sexual orientation, or ethnicity. | Fourteenth Amendment | Due Process Clause | |
| 1999 | California Democratic Party v. Jones, 530 U.S. 567 (2000) |
Elections Law | Cal. Elec. Code § 2001 (Supp. 2000): California law that imposed a blanket format on political parties’ primary elections, allowing voters to vote for any candidate regardless of party affiliation. | First Amendment | Free Speech Clause |
| 1999 | Carmell v. Texas, 529 U.S. 513 (2000) |
Criminal Law and Procedure | Tex. Code Crim. Proc. Ann., Art. 38.07 (Vernon 1983): Texas statute that reduced minimum evidence required for conviction of certain sexual offenses from the victim’s testimony plus other corroborating evidence to the victim’s testimony alone. | Article I, Section 10 | Ex Post Facto Clause |
| 1999 | Dickerson v. United States, 530 U.S. 428 (2000) |
Criminal Law and Procedure | 18 U.S.C. § 3501: Provision of the Omnibus Crime Control and Safe Streets Act of 1968 purporting to reinstate the voluntariness principle that had governed the constitutionality of custodial interrogations prior to the Court’s decision in Miranda v. Arizona, 384 U.S. 436 (1966). | Fifth Amendment | Self-Incrimination Clause |
| 1999 | Hunt-Wesson, Inc. v. Franchise Tax Board Of California, 528 U.S. 458 (2000) |
Tax Law; Business and Corporate Law |
Cal. Rev. & Tax Code Ann. § 24344 (West 1979): California interest-deduction-offset provision of California corporate income tax scheme, which allowed multistate corporations to deduct interest expenses when calculating California share of taxable income only to the extent that the interest expenses exceeded certain out-of-state income from unrelated business activity. | Article I; Fourteenth Amendment |
Commerce Clause; Due Process Clause |
| 1999 | Kimel v. Florida Board of Regents, 528 U.S. 62 (2000) |
Labor and Employment Law | 29 U.S.C. §§ 216(b), 630(b): Fair Labor Standards Act Amendments of 1974 amending the Age Discrimination in Employment Act to subject states to damages actions in federal courts. | Fourteenth Amendment, Section 5 | – |
| 1999 | Rice v. Cayetano, 528 U.S. 495 (2000) |
Elections Law | Haw. Const., Art. XII, § 5: Provision of Hawaii Constitution that limited the right to vote in statewide elections for Office of Hawaiian Affairs trustees to persons whose ancestry qualified them as “Hawaiian” or “native Hawaiian.” | Fifteenth Amendment | – |
| 1999 | Santa Fe Independent School District v. Doe, 530 U.S. 290 (2000) |
Education Law; Civil Rights Law |
School district policy that allowed students to initiate and lead prayer before home football games. | First Amendment | Establishment Clause |
| 1999 | Stenberg v. Carhart, 530 U.S. 914 (2000) |
Healthcare Law; Family Law |
Neb. Rev. Stat. Ann. § 28-328(1) (Supp. 1999): A Nebraska statute that banned “partial birth abortion” unless necessary to save the life of the mother. | Fourteenth Amendment | Due Process Clause |
| 1999 | Troxel v. Granville, 530 U.S. 57 (2000) |
Family Law | Wash. Rev. Code § 26.10.160(3): Washington statute that authorized courts to grant visitation rights to any person who petitioned for them whenever the visitation would serve a child’s best interests, notwithstanding parental objection and without requiring a showing that the visitation would prevent harm or potential harm to the child. | Fourteenth Amendment | Due Process Clause |
| 1999 | United States v. Morrison, 529 U.S. 598 (2000) |
Criminal Law and Procedure | Provision of the Violence Against Women Act creating a federal civil remedy for victims of gender-motivated violence. | Fourteenth Amendment, Section 5 | Commerce Clause |
| 1999 | United States v. Playboy Entertainment Group, 529 U.S. 803 (2000) |
Advertising, Publishing, and Communications Law | 47 U.S.C. § 561: Section 505 of the Telecommunications Act of 1996 requiring cable television operators that provide channels “primarily dedicated to sexually-oriented programming” either to “fully scramble or otherwise fully block” those channels or to limit their transmission to hours between 10 p.m. and 6 a.m. | First Amendment | Free Speech Clause |
| 1998 | Alden v. Maine, 527 U.S. 706 (1999) |
Labor and Employment Law | 29 U.S.C. §§ 216(b), 203(x): Fair Labor Standards Amendments of 1974 subjecting non-consenting states to suits for damages brought by employees in state courts. | Eleventh Amendment | – |
| 1998 | Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999) |
Elections Law | Colo. Rev. Stat. §§ 1-40-112(1), (2); 1-40-121: Colorado statute that limited participation in the state’s initiative and referendum petition process by requiring (i) that petition circulators be registered voters; (ii) that petition circulators wear identification badges stating their names; and (iii) that initiative proponents report, upon filing a petition and on a monthly basis, the names and addresses of all paid circulators and the amount paid to each circulator. | First Amendment | Free Speech Clause |
| 1998 | City Of Chicago v. Morales, 527 U.S. 41 (1999) |
Criminal Law and Procedure; Civil Rights Law |
Chicago Municipal Code § 8-4-015 (added June 17, 1992): Chicago Gang Congregation Ordinance that prohibited “criminal street gang members” from “loitering” with one another or with other persons in any public place. | Fourteenth Amendment | Due Process Clause |
| 1998 | College Savings Bank c. Florida Prepaid Postsecondary Education Expense Board, 527 U.S. 666 (1999) |
Intellectual Property Law | 15 U.S.C. § 1125(a): Trademark Remedy Clarification Act subjecting States to suits brought under § 43(a) of the Lanham Act for false and misleading advertising. | Fourteenth Amendment, Section 5 | – |
| 1998 | Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999) |
Intellectual Property Law | 35 U.S.C. §§ 271h, 296(a): Patent Remedy Act providing that the entities subject to a patent infringement suit under 35 U.S.C. § 271(a) include states, state instrumentalities, and state officers and employees. | Fourteenth Amendment, Section 5 | – |
| 1998 | South Central Bell Telephone Company v. Alabama, 526 U.S. 160 (1999) |
Tax Law; Business and Corporate Law |
Ala. Const., art. XII, § 229; Ala. Code § 40-14-40 (1993); Ala. Const., art. XII, § 232; Ala. Code § 40-14-41(a) (Supp. 1998); Ala. Code §§ 40-14-41(b)(1)–(5), (c): Alabama franchise tax statutory scheme that treated out-of-state firms unfavorably by requiring them to pay tax based on the amount of capital each firm employed in the state, whereas in-state firms paid tax based on the par value of their stock. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1997 | Clinton v. City of New York, 524 U.S. 417 (1998) |
Government Operations | 2 U.S.C. §§ 691 et seq.: Line Item Veto Act giving the President the authority to “cancel in whole” three types of provisions that have been signed into law. | Article I, Section 7, Clause 2 | Presentment Clause |
| 1997 | Lunding v. New York Tax Appeals Tribunal , 522 U.S. 287 (1998) |
Family Law; Tax Law |
N.Y. Tax Law § 631(b)(6): New York statute that denied nonresidents, but not residents, an income tax deduction for alimony payments. | Article IV, Section 2 | Privileges and Immunities Clause |
| 1996 | Babbitt v. Youpee, 519 U.S. 234 (1997) |
Federal Indian Law | 25 U.S.C. § 2206: Section 207 of the Indian Land Consolidation Act providing that certain small interests in Indian land escheat to the tribe upon death of the owner. | Fifth Amendment | Takings Clause |
| 1996 | Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U.S. 564 (1997) |
Tax Law | Me. Rev. Stat. tit. 36, § 652(1)(A): Maine property tax exemption statute for charitable institutions, which gave more favorable treatment to institutions operated principally for the benefit of state residents. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1996 | Chandler v. Miller, 520 U.S. 305 (1997) |
Elections Law | Ga. Code Ann. § 21-2—140 (1993): Georgia statute that required candidates for state office to certify that they had taken and passed a drug test. | Fourth Amendment | Search and Seizure Clause |
| 1996 | City of Boerne v. Flores, 521 U.S. 507 (1997) |
Civil Rights Law | 42 U.S.C. §§ 2000bb et seq.: Provision of Religious Freedom Restoration Act directing the use of the compelling interest test to determine the validity of laws of general applicability that substantially burden the free exercise of religion. | Fourteenth Amendment, Section 5 | – |
| 1996 | Lynce v. Mathis, 519 U.S. 433 (1997) |
Criminal Law and Procedure | Fla. Stat. § 944.277: Florida statute that retroactively cancelled early release credits awarded to prisoners to alleviate prison overcrowding. | Article I, Section 10 | Ex Post Facto Clause |
| 1996 | M. L. B. v. S. L. J., 519 U.S. 102 (1996) |
Family Law; Civil Procedure |
Miss. Code Ann. § 11-51-29: Mississippi statute that conditioned the right to appeal a trial court decree terminating parental rights on the litigant’s ability to prepay costs | Fourteenth Amendment | Due Process Clause; Equal Protection Clause |
| 1996 | Printz v. United States, 521 U.S. 898 (1997) |
Civil Rights Law | 18 U.S.C. § 922(s): Provisions of the Brady Handgun Violence Prevention Act requiring state and local law enforcement officers to conduct background checks on prospective handgun purchasers. | Tenth Amendment | – |
| 1996 | Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) |
Advertising, Publishing, and Communications Law | 47 U.S.C. § 223(a), (d): Provisions of the Communications Decency Act of 1996 prohibiting knowing transmission on the Internet of obscene or indecent messages to any recipient under 18 years of age and the knowing sending or displaying of patently offensive messages in a manner that is available to anyone under 18 years of age. | First Amendment | Free Speech Clause |
| 1995 | 44 Liquormart, Inc. v. Rhode Island , 517 U.S. 484 (1996) |
Trade Law; Civil Rights Law |
R.I. Gen. Laws §§ 3-8-7, 3-8-8.1 (1987), Regulation 32 of the Rhode Island Liquor Control Administration: Rhode Island statutes and regulation that banned advertisement of retail liquor prices except at the place of sale. | First Amendment | Free Speech Clause |
| 1995 | Bush v. Vera, 517 U.S. 952 (1996) |
Elections Law | Texas congressional redistricting plan, promulgated after the 1990 census showed a population increase that entitled the state to three additional seats in Congress, that used race as the predominant factor in drawing new district lines. | Fourteenth Amendment, Section 1 | Equal Protection Clause |
| 1995 | Cooper v. Oklahoma, 517 U.S. 348 (1996) |
Criminal Law and Procedure | Okla. Stat. tit. 22, § 1175.4(B) (1991): Oklahoma statute that established a presumption of a criminal defendant’s competence to stand trial unless the defendant proved his or her incompetence by clear and convincing evidence. | Fourteenth Amendment | Due Process Clause |
| 1995 | Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications Commission, 518 U.S. 727 (1996) |
Advertising, Publishing, and Communications Law | 47 U.S.C. §§ 532(j), (k): Provisions of the Cable Television Consumer Protection and Competition Act of 1992 requiring cable operators to segregate and block indecent programming on leased access channels and permitting a cable operator to prevent transmission of “sexually explicit” programming on public access channels. | First Amendment | Free Speech Clause |
| 1995 | Fulton Corp. v. Faulkner, 516 U.S. 325 (1996) |
Tax Law; Business and Corporate Law |
N.C. Gen. Stat. §§ 105-203, 105-130.4(i): North Carolina statute that levied an “intangibles tax” on the fair market value of corporate stock owned by state residents to an extent inversely proportional to the corporation’s exposure to North Carolina income tax. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1995 | Romer v. Evans, 517 U.S. 620 (1996) |
Civil Rights Law | Amendment 2, Colo. Const., Art. II, § 30b: Amendment to the Colorado Constitution that prohibited all legislative, executive, or judicial action, at any level of state or local government, designed to protect homosexual persons from discrimination. | Fourteenth Amendment, Section 1 | Equal Protection Clause |
| 1995 | Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) |
Federal Indian Law | 25 U.S.C. § 2710(d)(7): Indian Gaming Regulatory Act authorizing an Indian tribe to sue a State in federal court to compel performance of a duty to negotiate in good faith toward the formation of a compact. | Eleventh Amendment | Indian Commerce Clause |
| 1995 | Shaw v. Hunt, 517 U.S. 899 (1996) |
North Carolina congressional redistricting plan that assigned voters to districts on the basis of race. | Fourteenth Amendment, Section 1 | Equal Protection Clause | |
| 1995 | United States v. Virginia, 518 U.S. 515 (1996) |
Education Law; Civil Rights Law |
Male-only admissions policy of the Virginia Military Institute, a state institution. | Fourteenth Amendment | Equal Protection Clause |
| 1994 | Ed Plaut v. Spendthrift Farm, Inc., 514 U.S. 211 (1995) |
Securities Law | 15 U.S.C. § 78aa-1 (b): Section 27A(b) of the Securities Exchange Act of 1934 providing reinstatement of any action previously dismissed as time barred under certain circumstances. | – | Separation of Powers Doctrine |
| 1994 | Mcintyre v. Ohio Elections Commission, 514 U.S. 334 (1995) |
Elections Law; Civil Rights Law |
Ohio Rev. Code Ann. § 3599.09(A): Ohio statute prohibiting the distribution of anonymous campaign literature. | First Amendment | Free Speech Clause |
| 1994 | Miller v. Johnson, 515 U.S. 900 (1995) |
Civil Rights Law; Elections Law |
Georgia congressional redistricting plan that assigned voters on the basis of race to create three majority-black districts. | Fourteenth Amendment, Section 1 | Equal Protection Clause |
| 1994 | Rosenberger v. Rector and Visitors of the University of Virginia , 515 U.S. 819 (1995) |
Civil Rights Law; Education Law |
University of Virginia guideline that prohibited use of student activity funds to pay printing costs of student publications that primarily promoted a religious viewpoint. | First Amendment | Free Speech Clause |
| 1994 | Rubin v. Coors Brewing Company, 514 U.S. 476 (1995) |
Food and Drug Law | 27 U.S.C. § 205(e)(2): Section 5(e)(2) of the Federal Alcohol Administration Act prohibiting the display of alcohol content on beer labels. | First Amendment | Free Speech Clause |
| 1994 | U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) |
Elections Law | Ark. Const. Amendment 73, § 3: Amendment to the Arkansas Constitution that prohibited placement of the name of a candidate for U.S. Congress on the general election ballot if the candidate had already served three terms in the U.S. House of Representatives or two terms in the U.S. Senate. | Article I, Section 2, Clause 2 and Section 3, Clause 3 | Qualifications for Membership in Congress Clauses |
| 1994 | United States v. Lopez, 514 U.S. 549 (1995) |
Civil Rights Law | 18 U.S.C. § 922(q)(1)(A): Gun-Free School Zones Act of 1990 making it a criminal offense to knowingly possess a firearm within a school zone. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1993 | Board of Education of Kiryas Joel Village School District v. Grumet, 512 U.S. 687 (1994) |
Education Law; Civil Rights Law |
1989 N.Y. Laws, ch. 748: New York statute creating a separate school district along the village lines of a religious enclave. | First Amendment | Establishment Clause |
| 1993 | C & A Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994) |
Environmental Law | Clarkstown, N.Y., Local Laws No. 9 (1990): Town flow control ordinance that required all nonhazardous solid waste within the town to be processed at the town transfer station. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1993 | City of Ladue v. Gilleo, 512 U.S. 43 (1994) |
Civil Rights Law | Ladue, Mo., Ordinance 35: City ordinance that banned all residential signs unless they fell within one of ten enumerated exemptions, which included exemptions for “for sale” signs and “municipal signs.” | First Amendment | Free Speech Clause |
| 1993 | Department of Revenue v. Kurth Ranch, 511 U.S. 767 (1994) |
Tax Law; Criminal Law and Procedure |
Mont. Code Ann. § 15-25-111 (1987): Montana statute that imposed a tax, to be assessed after the imposition of criminal penalties, on the possession and storage of illegal drugs. | Fifth Amendment | Double Jeopardy Clause |
| 1993 | Honda Motor Co. v. Oberg, 512 U.S. 415 (1994) |
Civil Procedure; Torts |
Or. Const. art. VII, § 3: Amendment of Oregon Constitution that prohibited judicial review of the size of a jury’s punitive damages award unless there was no evidence to support the verdict. | Fourteenth Amendment | Due Process Clause |
| 1993 | Oregon Waste Systems, Inc. v. Department of Environmental Quality of The State of Oregon, 511 U.S. 93 (1994) |
Environmental Law | Ore. Rev. Stat. § 459.297(1): Oregon statute imposing a surcharge on the in-state disposal of waste generated out of state. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1993 | West Lynn Creamery, Inc. v. Healy, 512 U.S. 186 (1994) |
Tax Law | Massachusetts milk pricing order that imposed an assessment on all milk sold to Massachusetts dealers and provided for the proceeds to be distributed amongst in-state milk producers. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1992 | Church Of The Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993) |
Civil Rights Law | Hialeh, Fla. Ordinances 87-40, 87-52, 87-71, 87-72: City ordinances and resolutions that prohibited ritualistic animal sacrifices and also prohibited animal slaughter outside of zoned slaughterhouses, but provided an exemption for the slaughter of small numbers of hogs or cattle. | First Amendment | Free Exercise Clause |
| 1992 | City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (1993) |
Civil Rights Law | Cincinnati, Ohio, Municipal Code § 714-23: City ordinance that banned distribution of commercial handbills on public property. | First Amendment | Free Speech Clause |
| 1992 | Edenfield v. Fane, 507 U.S. 761 (1993) |
Trade Law | Fla. Admin. Code § 21A-24.002(2)(c) (1992): Florida regulation that prohibited certified public accountants from conducting direct, in-person, uninvited solicitation to obtain new clients. | First Amendment | Free Speech Clause |
| 1992 | El Vocero De Puerto Rico (Caribbean International News Corp.) v. Puerto Rico, 508 U.S. 147 (1993) |
Criminal Law and Procedure | P.R. Laws Ann., Tit. 34, App. II, Rule 23(c): Puerto Rico rule of criminal procedure that entitled defendants to a private preliminary hearing. | First Amendment | Free Speech Clause |
| 1992 | Lamb’s Chapel v. Center Moriches Union Free School District , 508 U.S. 384 (1993) |
Civil Rights Law; Education Law |
New York Educ. Law § 414 (McKinney 1988 and Supp. 1993); Board of Center Moriches Union Free School District Rule 7: New York statute and school board regulation that prohibit the use of school grounds for religious purposes. | First Amendment | Free Speech Clause |
| 1991 | Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334 (1992) |
Environmental Law | Ala. Code § 22-30B-2(b) (1990 and Supp. 1991): Alabama statute that imposed additional hazardous waste-disposal fee on all hazardous waste generated outside of Alabama. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1991 | Forsyth County, Georgia v. The Nationalist Movement, 505 U.S. 123 (1992) |
Civil Rights Law | Forsyth County (Atlanta, GA) Ordinance 34 (1987): County assembly and parade ordinance that establish a permit requirement and allow county administrator to adjust permit fee according to the estimated cost of maintaining public order. | First Amendment | Free Speech Clause |
| 1991 | Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department Of Natural Resources , 504 U.S. 353 (1992) |
Environmental Law | Mich. Comp. Laws §§ 299.413a, 299.430(2) (1991): Michigan waste import restrictions that prohibited landfill operators from accepting solid waste generated in another county, state, or country unless the solid waste management plan of the county in which the landfill was located explicitly authorized the acceptance of such waste. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1991 | Foucha v. Louisiana, 504 U.S. 71 (1992) |
Criminal Law and Procedure | La. Code Crim. Proc. Ann., Art. 657 (West 1991): Louisiana statute that permitted indefinite detention of criminal defendants found not guilty by reason of insanity who, although not mentally ill, failed to prove that they posed no danger to themselves or others. | Fourteenth Amendment | Due Process Clause; Equal Protection Clause |
| 1991 | Kraft General Foods, Inc. v. Iowa Department Of Revenue And Finance, 505 U.S. 71 (1992) |
Tax Law; Business and Corporate Law |
Iowa Code § 422.35 (1981): Iowa business tax statute that taxed a corporation’s dividends from foreign but not domestic subsidiaries. | Article I, Section 8 | Foreign Commerce Clause |
| 1991 | Lee v. International Society for Krishna Consciousness, Inc., 505 U.S. 830 (1992) |
Civil Rights Law | Port Authority of New York and New Jersey restriction that banned the distribution of literature in airport terminals. | First Amendment | Free Speech Clause |
| 1991 | New York v. United States, 505 U.S. 144 (1992) |
Energy and Utilities Law | 42 U.S.C. §§ 2021b et seq.: Take-title provision of the Low-Level Radioactive Waste Policy Act of 1985 providing various incentives to encourage the States to comply with their statutory obligation to provide for the disposal of radioactive waste generated within their borders. | Tenth Amendment | – |
| 1991 | Norman v. Reed, 502 U.S. 279 (1992) |
Elections Law | Ill. Rev. Stat., ch. 46, §§ 10-2, 10-5 (1989): Illinois election laws that prohibited new political parties in a particular district from using the name of a party already established in another district, notwithstanding any authorization from the established party, and that disqualified all candidates of a new political party in all districts if the party failed to obtain 25,000 signatures in each district in which it offered candidates. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Equal Protection Clause |
| 1991 | Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992) |
Healthcare Law | 18 Pa. Cons. Stat. §§ 3209 (1990): Spousal notification provision of the Pennsylvania Abortion Control Act, prohibiting abortion for a married woman in most circumstances unless she signed a statement indicating that she had notified her husband of her intent to abort. | Fourteenth Amendment | Due Process Clause |
| 1991 | Quill Corporation v. Heitkamp, 504 U.S. 298 (1992) |
Tax Law | N.D. Cent. Code § 57-40.2-01(6) (Supp. 1991); N.D. Admin. Code § 81-04.1-01-03.1 (1988): North Dakota statute and regulation that impose sales tax collection requirement on out-of-state mail-order companies by extending the collection requirement to reach any retailer who placed three or more advertisements in the state within a 12-month period. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1991 | R.A.V. v. City of St. Paul, 505 U.S. 377 (1992) |
Civil Rights Law | St. Paul, Minn., Legis. Code § 292.02 (1990): St. Paul Bias–Motivated Crime Ordinance that prohibited the placement on public or private property of a symbol that one knew or had reason to know would arouse anger, alarm, or resentment on the basis of race, color, creed, religion, or gender. | First Amendment | Free Speech Clause |
| 1991 | Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board, 502 U.S. 105 (1991) |
Civil Rights Law; Criminal Law and Procedure |
N.Y. Exec. Law § 632-a: New York law requiring that an accused or convicted criminal’s income from works describing his crime be made available, via deposit in an escrow account, to victims and creditors. | First Amendment | Free Speech Clause |
| 1991 | Wyoming v. Oklahoma, 502 U.S. 437 (1992) |
Energy and Utilities Law | Okla. Stat., Tit. 45, §§ 939, 939.1 (Supp. 1988): Oklahoma statute requiring that at least ten percent of the coal burned by Oklahoma coal-powered electricity plants generating power for sale in that state to be Oklahoma-mined coal. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1990 | Connecticut v. Doehr, 501 U.S. 1 (1991) |
Real Property Law; Civil Procedure |
Conn. Gen. Stat. §52-278e(a)(1)(1991): Connecticut prejudgment remedy provision that authorized prejudgment attachment of real estate without notice or a hearing and without requiring a showing of exigent circumstances. | Fourteenth Amendment | Due Process Clause |
| 1990 | Metropolitan Washington Airports Authority v. Citizens for the Abatement of Aircraft Noise, Inc., 501 U.S. 252 (1991) |
Transportation Law | 49 U.S.C. §§ 2451–61: Metropolitan Washington Airports Act of 1986 authorizing the transfer of two major airports from the federal government to an airport authority, but conditioning the transfer on the creation of a board composed of nine members of Congress vested with veto power over the airport authority’s decisions. | Article I, Section 7; Article II |
Bicameralism and Presentment Requirements; Vesting Clause |
| 1989 | Butterworth v. Smith, 494 U.S. 624 (1990) |
Criminal Law and Procedure | Fla. Stat. § 905.27: Florida statute that prohibited grand jury witnesses from ever disclosing testimony given to the grand jury, even after the end of the term of the grand jury. | First Amendment | Free Speech Clause |
| 1989 | Hodgson v. Minnesota, 497 U.S. 417 (1990) |
Healthcare Law; Family Law |
Minn. Stat. § 144.343(2): Minnesota parental notice statute, which in most circumstances prohibited abortions for women under 18 years of age unless both of her parents had been notified. | Fourteenth Amendment | Due Process Clause |
| 1989 | Peel v. Attorney Registration and Disciplinary Commission of Illinois, 496 U.S. 91 (1990) |
Civil Rights Law; Legal Ethics |
Rule 2-105(a)(3) of the Illinois Code of Professional Responsibility: Provision of the Illinois Code of Professional Responsibility that prohibited lawyers from holding themselves out as being “certified” or being a “specialist” in a particular area of law. | First Amendment | Free Speech Clause |
| 1989 | United States v. Eichman, 496 U.S. 310 (1990) |
Civil Rights Law | 18 U.S.C. § 700: Flag Protection Act of 1989 criminalizing the burning and other acts of desecration of the flag of the United States. | First Amendment | Free Speech Clause |
| 1988 | Barnard v. Thorstenn , 489 U.S. 546 (1989) |
Trade Law | Local Rule 56(b)(4)-(5) of the District Court of the Virgin Islands: Provisions of Virgin Islands bar admission rules requiring at least one year of residence in the Virgin Islands and intention to continue to reside and practice in the Virgin Islands after admission. | Article IV, Section 2, Clause 1 | Privileges and Immunities Clause |
| 1988 | Board Of Estimate Of City Of New York v. Morris, 489 U.S. 688 (1989) |
Elections Law | Section 61 of the New York City Charter (1986): Provision of New York City Charter establishing that the Board of Estimate would consist of three members elected citywide, along with the elected presidents of each of the five New York City boroughs. | Fourteenth Amendment | Equal Protection Clause |
| 1988 | City of Richmond v. J. A. Croson Company, 488 U.S. 469 (1989) |
Civil Rights Law; Government Contracts |
Richmond, Va., City Code, § 12-156(a) (1985): Minority Business Utilization Plan of Richmond City, Virginia, requiring prime contractors awarded construction contracts by the city to subcontract at least 30% of the contract value to minority businesses. | Fourteenth Amendment | Equal Protection Clause |
| 1988 | Davis v. Michigan Department of Treasury, 489 U.S. 803 (1989) |
Tax Law | Mich. Comp. Laws Ann. § 206.30(1)(f) (Supp. 1988): Michigan statute that levied income tax on retirement benefits paid by the Federal Government but not by the government of the state of Michigan or its political subdivisions. | Article VI, Section 1, Clause 2 | Supremacy Clause |
| 1988 | Eu v. San Francisco County Democratic Central Committee, 489 U.S. 214 (1989) |
Education Law; Civil Rights Law |
California Elections Code Annotated §§ 11702, 29430 (West 1977): Sections of California Elections Code that banned official governing bodies of political parties from endorsing candidates in primaries and imposed restrictions on the bodies’ internal governance procedures, organization, and composition. | First Amendment | Free Speech Clause |
| 1988 | Healy v. The Beer Institute , 491 U.S. 324 (1989) |
Trade Law | Conn. Gen. Stat. Ann. §§ 30-63 (1975 & Supp. 1982): Connecticut’s beer-price-affirmation statute, requiring out-of-state beer shippers to affirm that prices, at the moment posted, of products sold to Connecticut wholesalers did not exceed prices for products sold in bordering states. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1988 | Quinn v. Millsap , 491 U.S. 95 (1989) |
Elections Law | Mo. Const., art. VI, § 30: Provision of the Missouri Constitution establishing a land-ownership requirement for membership on board charged with drafting plans to reorganize the governments of the city and county of St. Louis. | Fourteenth Amendment | Equal Protection Clause |
| 1988 | Sable Communications of California, Inc. v. Federal Communications Commission, 492 U.S. 115 (1989) |
Advertising, Publishing, and Communications Law; Business and Corporate Law |
47 U.S.C. § 223(b): Section 223(b) of the Communications Act of 1934 banning indecent and obscene interstate commercial telephone messages, commonly known as “dial-a-porn” services. | First Amendment | Free Speech Clause |
| 1988 | Texas Monthly, Inc. v. Bullock, 489 U.S. 1 (1989) |
Civil Rights Law | Tex. Tax Code Ann. § 151.312 (1982): Texas statute that exempted from sales and use taxes periodicals published or distributed by, and advancing the tenets of, a religious faith. | First Amendment | Establishment Clause |
| 1987 | Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U.S. 888 (1988) |
Civil Procedure; Contracts Law |
Ohio Rev. Code Ann. § 2305.15 (Supp. 1987): An Ohio law that imposes a 4-year statute of limitations in actions for breach of contract or fraud, but tolls the statute for any period that a person or corporation is not “present” in the state. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1987 | Boos v. Barry, 485 U.S. 312 (1988) |
Real Property Law | District of Columbia Code § 22-1115: A District of Columbia ordinance making it unlawful, within 500 feet of a foreign embassy, either to display any sign that tends to bring the foreign government into “public odium” or “public disrepute.” | First Amendment | Free Speech Clause |
| 1987 | City Of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750 (1988) |
Real Property Law | § 901.181, Codified Ordinances, City of Lakewood, Ohio (1984): An ordinance of the city of Lakewood, Ohio that mayor unfettered discretion to deny permit for placing newspaper dispensing devices on public property. | First Amendment | Free Speech Clause |
| 1987 | Clark v. Jeter, 486 U.S. 456 (1988) |
Family Law | 42 Pa. Cons. Stat. § 6704(b) (1982) (repealed 1985): A Pennsylvania law requiring an illegitimate child prove paternity within six years of birth before seeking support from his or her father. | Fourteenth Amendment | Equal Protection Clause |
| 1987 | Coy v. Iowa, 487 U.S. 1012 (1988) |
Criminal Law and Procedure | Act of May 23, 1985, § 6, 1985 Iowa Acts 338, now codified at Iowa Code § 910A.14 (1987): An Iowa law that allows a complaining witness to testify either via closed-circuit television or behind a screen. | Sixth Amendment | Confrontation Clause |
| 1987 | Hicks v. Feiock, 485 U.S. 624 (1988) |
Criminal Law and Procedure; Family Law |
Cal. Civ. Proc. Code Ann. § 1209.5 (West 1982): A California law governing the payment of child support presumes that a parent is financially capable of paying support, shifting to the defendant the burden of proving inability to comply with a payment order in a criminal contempt proceeding. | Fourteenth Amendment | Due Process Clause |
| 1987 | Maynard v. Cartwright, 486 U.S. 356 (1988) |
Criminal Law and Procedure | Okla. Stat., Tit. 21, §§ 701.12(2) & (4) (1981): Oklahoma’s death penalty statute that allows for the imposition of the death penalty if the circumstances surrounding a murder were “especially heinous, atrocious, or cruel.” | Eighth Amendment | Cruel and Unusual Punishment Clause |
| 1987 | Meyer v. Grant, 486 U.S. 414 (1988) |
Elections Law | Colo. Rev. Stat. § 1-40-110 (1980): A Colorado law that allows a proposed state constitutional amendment to be placed on a general election ballot if its proponents can obtain the signatures of at least five percent of the total number of qualified voters on an “initiative petition” within a 6-month period, but makes it a felony to pay petition circulators. | First Amendment | Free Speech Clause |
| 1987 | New Energy Company of Indiana v. Limbach, 486 U.S. 269 (1988) |
Tax Law; Energy and Utilities Law |
Ohio Rev. Code Ann. § 5735.145(B) (1986): An Ohio law that provides a tax credit against the Ohio motor vehicle fuel sales tax for each gallon of ethanol sold by fuel dealers, but only if the ethanol is produced in Ohio or, if produced in another State, to the extent that State grants similar tax advantages to ethanol produced in Ohio. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1987 | Riley v. National Federation of the Blind of North Carolina, Inc., 487 U.S. 781 (1988) |
Business and Corporate Law | N.C. Gen. Stat. § 131C-17.2 (1986); N.C. Gen. Stat. § 131C-16.1(3) (1986); N.C. Gen. Stat. § 131C-6 (1986): North Carolina law that places various limitations on the solicitation of charitable contributions by professional fundraisers. | First Amendment | Free Speech Clause |
| 1987 | Shapero v. Kentucky Bar Association, 486 U.S. 466 (1988) |
Legal Ethics | Ky. Supreme Court R. 3.135(5)(b)(i), replaced by ABA Model Rule of Professional Conduct 7.3 (1984): A Kentucky Supreme Court Rule that prohibits the targeted, direct-mail solicitation by lawyers for pecuniary gain, without a particularized finding that the solicitation is false or misleading. | First Amendment | Free Speech Clause |
| 1987 | Supreme Court of Virginia v. Friedman, 487 U.S. 59 (1988) |
Legal Ethics | Virginia Supreme Court Rule 1A:1: A Virginia rule that conditions admission to the Virginia bar on a showing that the applicant is a permanent resident of Virginia. | Article IV, Section 2 | Privileges and Immunities Clause |
| 1987 | Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478 (1988) |
Estate, Gift and Trust Law; Civil Procedure |
Okla. Stat., Tit. 58, § 333 (1981): A provision of Oklahoma’s probate laws that require claims “arising upon a contract” generally to be presented to the executor or executrix of an estate within 2 months of the publication of a notice advising creditors of the commencement of probate proceedings. | Fourteenth Amendment | Due Process Clause |
| 1986 | 324 Liquor Corp., Dba Yorkshire Wine & Spirits v. Duffy, 479 U.S. 335 (1987) |
Business and Corporate Law | N.Y. Alco. Bev. Cont. Law, section 101-bb, (McKinney 1970 and Supp. 1986): A New York law requiring liquor retailers to charge at least 112 percent of the wholesaler’s “posted” bottle price in effect at the time the retailer sells or offers to sell the item. | Twenty-First Amendment, Section 2 | – |
| 1986 | American Trucking Associations v. Scheiner, 483 U.S. 266 (1987) |
Transportation Law; Tax Law |
Pa. Cons. Stat. § 2102; 75 Pa. Cons. Stat. § 9902 (1984): A Pennsylvania law that imposes lump sum annual taxes on the operation of trucks on the state’s roads. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1986 | Arkansas Writers’ Project, Inc. v. Ragland, Commissioner of Revenue of Arkansas, 481 U.S. 221 (1987) |
Tax Law | Ark. Stat. Ann. §§ 84-1904(f),(j): An Arkansas law imposing a tax on receipts from sales of tangible personal property, but exempting newspapers and certain magazines. | First Amendment | Free Speech Clause; Free Press Clause |
| 1986 | Board of Airport Commissioners of the City of Los Angeles v. Jews For Jesus, Inc., 482 U.S. 569 (1987) |
Transportation Law | Board of Airport Commissioners Resolution No. 13787 (1983): A resolution of the Los Angeles, California Board of Airport Commissioners banning all “First Amendment activities” within the “Central Terminal Area” at Los Angeles International Airport. | First Amendment | Free Speech Clause |
| 1986 | Booth v. Maryland, 482 U.S. 496 (1987) |
Criminal Law and Procedure | Md. Ann. Code Art. 41, § 4-609(d) (1986): A Maryland statute that requires a presentence report in all felony cases (including capital murder) to include a victim impact statement (VIS), describing the effect of the crime on the victim and his family. | Eighth Amendment | Cruel and Unusual Punishment Clause |
| 1986 | City of Houston, Texas v. Hill, 482 U.S. 451 (1987) |
Criminal Law and Procedure | Houston Code of Ordinances § 34-11(a): An ordinance of the city of Houston, Texas making it unlawful to “oppose, molest, abuse, or interrupt” police officer in performance of duty. | First Amendment | Free Speech Clause |
| 1986 | Edwards, Governor of Louisiana v. Aguillard, 482 U.S. 578 (1987) |
Education Law | La. Rev. Stat. Ann. §§ 17:286.1–17:286.7 (West 1982): A Louisiana law forbidding the teaching of the theory of evolution in public elementary and secondary schools unless accompanied by instruction in the theory of “creation science.” | First Amendment | Establishment Clause |
| 1986 | Hodel v. Irving, 481 U.S. 704 (1987) |
Federal Indian Law; Real Property Law |
Pub. L. No. 97-459, 96 Stat. 2519: Section 207 of the Indian Land Consolidation Act of 1983 providing for escheat to tribes of fractionated interests in land representing less than 2% of a tract’s total acreage. | Fifth Amendment | Takings Clause |
| 1986 | Sumner v. Shuman, 483 U.S. 66 (1987) |
Criminal Law and Procedure | Nev. Rev. Stat. § 200.030 (1973); 1973 Nev. Stats., ch. 798, § 5: A Nevada law that mandates the death penalty for a prison inmate who is convicted of murder while serving a life sentence without possibility of parole. | Eighth Amendment | Cruel and Unusual Punishment Clause |
| 1986 | Tashjian v. Republican Party Of Connecticut, 479 U.S. 208 (1986) |
Elections Law | Portions of Conn. Gen. Stat. § 9-431 (1985): A Connecticut law that requires voters in any political party primary to be registered members of that party. | First Amendment | Free Speech Clause; Free Association Clause |
| 1986 | Turner v. Safley, 482 U.S. 78 (1987) |
Criminal Law and Procedure; Family Law |
A regulation of the Missouri Department of Corrections that permits an inmate to marry only with the prison superintendent’s permission, which can be given only when there are “compelling reasons” to do so. | Fourteenth Amendment | Due Process Clause |
| 1986 | Tyler Pipe Industries, Inc. v. Washington State Department of Revenue, 483 U.S. 232 (1987) |
Tax Law | Washington’s Business and Occupation Wash. Rev. Code § 82.04.440 (1985): A Washington State law imposing a business and occupation (B & O) tax on the privilege of engaging in business activities in the state, including manufacturing in the state and making wholesale sales in the state, but exempting products manufactured and sold in-state. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1985 | Attorney General of New York v. Soto-Lopez, 476 U.S. 898 (1986) |
Labor and Employment Law; Military and Veterans Law |
N.Y. Const., art. V, § 6; N.Y. Civ. Serv. Law § 85 (McKinney 1983 & Supp. 1986): The State of New York’s Constitution and civil service law that grants a civil service employment preference, in the form of points added to examination scores, to New York residents who are honorably discharged veterans of the Armed Forces, served during time of war, and were New York residents when they entered military service. | Fourteenth Amendment | Equal Protection Clause |
| 1985 | Bowsher v. Synar, 478 U.S. 714 (1986) |
Government Operations | 2 U.S.C. §§ 901 et seq.: Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 making the Comptroller General responsible for preparing and submitting to the President a report specifying deficit reductions for a fiscal year, and requiring the President to order the reductions specified by the Comptroller General. | – | Separation of Powers Doctrine |
| 1985 | Brown-Forman Distillers Corp. v. New York State Liquor Authority, 476 U.S. 573 (1986) |
Business and Corporate Law | New York Alcoholic Beverage Control Law Section 101-b(3)(d) (McKinney 1970 and Supp. 1986): A New York law that requires every liquor distiller or producer that sells liquor to wholesalers within the state to sell at a price that is no higher than the lowest price the distiller charges wholesalers anywhere else in the United States. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1985 | Ford v. Wainwright, Secretary, Florida Department of Corrections, 477 U.S. 399 (1986) |
Criminal Law and Procedure | Fla. Stat. § 922.07 (1985 & Supp. 1986): A Florida statute that provides the exclusive means for determining the sanity of a death row inmate that is wholly within the executive branch and does not allow for challenges by the defendant to the executive branches’ findings. | Eighth Amendment; Fourteenth Amendment |
Cruel and Unusual Punishment Clause; Due Process Clause |
| 1985 | Press-Enterprise Co. v. Superior Court of California for the County of Riverside, 478 U.S. 1 (1986) |
Criminal Law and Procedure | Cal. Penal Code Ann. § 868 (West 1985): A California statute that requires that preliminary hearings in a criminal case be open to the public unless exclusion of the public is necessary in order to protect the defendant’s right to a fair and impartial trial, which California courts interpreted to require the defendant to establish a “reasonable likelihood of substantial prejudice” to seal the proceeding. | First Amendment | Free Press Clause |
| 1985 | Thornburgh, Governor of Pennsylvania v. American College of Obstetricians And Gynecologists, 476 U.S. 747 (1986) |
Healthcare Law | Pennsylvania’s Abortion Control Act, 1982 Pa. Laws, Act No. 138, codified as 18 Pa. Cons. Stat. §§ 3201 et seq. (1982): A Pennsylvania statute prescribing a variety of requirements for the performance of an abortion, including providing oral and written information prior to the procedure, public reporting about the procedures that have been performed, and standard-of-care and second-physician requirements. | Fourteenth Amendment | Due Process Clause |
| 1984 | Estate of Thornton v. Caldor, Inc., 472 U.S. 703 (1985) |
Labor and Employment Law; Civil Rights Law |
Conn. Gen. Stat. § 53-303e(b): A Connecticut law that provides employees with the right not to work on the day that the employee chooses to observe as “his Sabbath.” | First Amendment | Establishment Clause |
| 1984 | Federal Election Commission v. National Conservative Political Action Committee, 470 U.S. 480 (1985) |
Elections Law | 26 U.S.C. § 9012(f): Section 9012(f) of the Presidential Election Campaign Fund Act making it a criminal offense for independent “political committees” to expend more than $1,000 to further a candidate’s election if the candidate accepts public financing. | First Amendment | Free Speech Clause |
| 1984 | Hooper v. Bernalillo County Assessor, 472 U.S. 612 (1985) |
Tax Law; Military and Veterans Law |
N.M. Stat. Ann. § 7-37-5 (1983): A New Mexico law that grants a property tax exemption for Vietnam veterans that resided in the state before May 8, 1976. | Fourteenth Amendment | Equal Protection Clause |
| 1984 | Hunter v. Underwood, 471 U.S. 222 (1985) |
Elections Law; Civil Rights Law |
Art. VIII, § 182, of the Alabama Constitution of 1901: A section of the Alabama Constitution provides for the disenfranchisement of persons convicted of certain enumerated felonies and misdemeanors, including “any . . . crime involving moral turpitude.” | Fourteenth Amendment | Equal Protection Clause |
| 1984 | Metropolitan Life Insurance Co. v. Ward, 470 U.S. 869 (1985) |
Tax Law; Business and Corporate Law |
Ala. Code §§ 27-4-4 and 27-4-5 (1975): Alabama’s domestic preference tax statute, imposing a substantially lower gross premiums tax rate on domestic insurance companies than on out-of-state insurance companies. | Fourteenth Amendment | Equal Protection Clause |
| 1984 | Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985) |
Legal Ethics | N.H. Sup. Ct. Rule 42(3): A New Hampshire bar rule limits bar admission to state residents. | Article IV, Section 2 | Privileges and Immunities Clause |
| 1984 | Tennessee v. Garner, 471 U.S. 1 (1985) |
Criminal Law and Procedure | Tenn. Code Ann. § 40-7-108 (1982): A Tennessee law authorizing a police officer, after providing notice of his intention to arrest a criminal defendant and that defendant flees or forcibly resists arrest, to “use all the necessary means to effect the arrest.” | Fourth Amendment | – |
| 1984 | Wallace v. Jaffree, 472 U.S. 38 (1985) |
Education Law | Ala. Code 1975, § 16-1-20.1: An Alabama statute authorizing a one-minute period of silence in public schools “for meditation or voluntary prayer.” | First Amendment | Establishment Clause |
| 1984 | Williams v. Vermont, 472 U.S. 14 (1985) |
Tax Law; Transportation Law |
Vt. Stat. Ann., Tit. 32, § 8911(9) (1981): A Vermont law that distinguishes between residents and nonresidents in providing a credit for automobile sales taxes paid to another state. | Fourteenth Amendment | Equal Protection Clause |
| 1984 | Zauderer v. Office of Disciplinary Counsel of the Supreme Court of Ohio, 471 U.S. 626 (1985) |
Legal Ethics | Ohio Disciplinary Rules DR 2-103(A), 2-104(A), and 2-101(B): A provision within the Ohio Code of Professional Responsibility prohibiting (1) an attorney from soliciting or accepting legal employment through advertisements containing information or advice regarding a specific legal problem; (2) the use of illustrations in attorney advertisements. | First Amendment | Free Speech Clause |
| 1983 | Armco Inc. v. Hardesty, 467 U.S. 638 (1984) |
Tax Law; Business and Corporate Law |
W. Va. Code Section 11-13-2: A West Virginia law imposes a gross receipts tax on businesses selling tangible property at wholesale, but exempts local manufacturers from the tax. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1983 | Bacchus Imports, Ltd. v. Dias, 468 U.S. 263 (1984) |
Tax Law; Business and Corporate Law |
Haw. Rev. Stat. Sections 244-4(6), 244-4(7): A Hawaii law imposing a 20% excise tax on sales of liquor at wholesale, but exempting the sales of specified local products. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1983 | Bernal v. Fainter, 467 U.S. 216 (1984) |
Business and Corporate Law; Immigration Law |
Tex. Rev. Civ. Stat. art. 5942(2): A Texas law that required a notary public to be a United States citizen. | Fourteenth Amendment | Equal Protection Clause |
| 1983 | Federal Communications Commission v. League of Women Voters of California, 468 U.S. 364 (1984) |
Advertising, Publishing, and Communications Law | 47 U.S.C. § 399: Provision of Public Broadcasting Act of 1967 banning noncommercial educational stations receiving grants from the Corporation for Public Broadcasting from engaging in editorializing. | First Amendment | Free Speech Clause |
| 1983 | Regan v. Time, Inc., 468 U.S. 641 (1984) |
Advertising, Publishing, and Communications Law | 18 U.S.C. § 504(1): Exception to statutory ban on the use of photographic reproductions of U.S. currency permitting the “printing, publishing, or importation . . . of illustrations of . . . any . . . obligation or other security of the United States . . . for philatelic, numismatic, educational, historical, or newsworthy purposes in articles, books, journals, newspapers, or albums.” | First Amendment | Free Speech Clause |
| 1983 | Secretary of State of Maryland v. Joseph H. Munson Co., 467 U.S. 947 (1984) |
Business and Corporate Law | Md. Code Ann. Section 103D: A Maryland statute that generally prohibits a charitable organization, in connection with any fundraising activity, from paying expenses of more than 25% of the amount raised. | First Amendment | Free Speech Clause |
| 1983 | Westinghouse Electric Corp. v. Tully, 466 U.S. 388 (1984) |
Tax Law | N.Y. Tax Law § 210.13(a)(2): A New York law that allows corporations a tax credit for receipts from products shipped from an in-state place of business. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1982 | Anderson v. Celebrezze, 460 U.S. 780 (1983) |
Elections Law | Ohio Revised Code Section 3513.25.7: An Ohio statute that requires independent candidates for President and Vice-President to file nominating petitions by March 20 in order to qualify for the November ballot. | First Amendment | Free Speech Clause |
| 1982 | City of Akron v. Akron Center for Reproductive Health, Inc., 462 U.S. 416 (1983) |
Healthcare Law | Ordinance No. 160-1978-Sections 1870.03, 1870.05(B), 1870.06(B), 1870.06(C), 1870.07, 1870.16: An ordinance of the city of Akron, Ohio regulating the practice of abortions, including requirements respecting (1) the location where abortions must be performed; (2) parental notification for certain minors seeking an abortion; (3) the information a physician must provide about the pregnancy and the abortion procedure to a patient; (4) a 24 hour waiting period for an abortion; (5) the disposal of fetal remains. | Fourteenth Amendment | Due Process Clause |
| 1982 | Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983) |
Immigration Law | 8 U.S.C. § 244(c)(2): Immigration and Nationality Act § 244(c)(2) permitting either house of Congress to veto the decision of the Attorney General to suspend the deportation of certain aliens. | Article I, Section 7, Clause 2 and Clause 3 | Presentment Clause; Bicameral Clause |
| 1982 | Karcher v. Daggett, 462 U.S. 725 (1983) |
Elections Law | Pub. L. 1982, ch. 1: A New Jersey law reapportioning the state’s congressional districts, resulting in population deviations of less than one percent amongst the various districts. | Article I, Section 2 | House of Representatives Clause |
| 1982 | Kolender v. Lawson, 461 U.S. 352 (1983) |
Criminal Law and Procedure | Cal. Penal Code Section 647(e): A California law requires that persons who loiter or wander on the streets identify themselves and to account for their presence when requested by a peace officer. | Fourteenth Amendment | Due Process Clause |
| 1982 | Larkin v. Grendel’s Den, Inc., 459 U.S. 116 (1982) |
Real Property Law; Business and Corporate Law |
Mass. Gen. Laws ch. 138, Sec. 16C: A Massachusetts law that provides that the governing bodies of schools and churches can prevent the issuance of liquor licenses to premises within 500 feet of a church or school by objecting to the license application. | First Amendment | Establishment Clause |
| 1982 | Memphis Bank and Trust Co. v. Garner, 459 U.S. 392 (1983) |
Banking Law; Tax Law |
Tenn. Code. Ann. Section 67-751: A Tennessee law imposes a tax on the net earnings of banks doing business within the state, defining net earnings to include income from obligations of the United States and its instrumentalities. | Article VI, Section 1, Clause 2 | Supremacy Clause |
| 1982 | Minneapolis Star and Tribune Co. v. Minnesota Commissioner of Revenue, 460 U.S. 575 (1983) |
Tax Law | Minn. Stat. Sec. 297A.14: A Minnesota law that imposes a use tax on the cost of paper and ink products consumed in the production of a periodic publication. | First Amendment | Free Speech Clause; Free Press Clause |
| 1982 | Pickett v. Brown, 462 U.S. 1 (1983) |
Family Law | Tenn. Code. Ann. Section 36-224(2): A Tennessee law generally requires a two-year period from date of birth to bring an action to establish paternity of illegitimate child for purposes of obtaining support of Tennessee’s two-year statute of limitations for paternity and child support actions. | Fourteenth Amendment | Equal Protection Clause |
| 1982 | Planned Parenthood Association of Kansas City, Missouri, Inc. v. Ashcroft, 462 U.S. 476 (1983) |
Healthcare Law | Mo. Rev. Stat. Sec. 188.025: A Missouri law that requires all abortions after 12 weeks of pregnancy to be performed in a hospital. | Fourteenth Amendment | Due Process Clause |
| 1981 | Citizens Against Rent Control/Coalition for Fair Housing v. City of Berkeley, California, 454 U.S. 290 (1981) |
Elections Law | Berkeley, Cal., Ordinance No. 4700-N.S., Section 602: A Berkeley, California ordinance that imposes a $250 limitation on contributions to committees formed to support or oppose ballot measures submitted to a popular vote. | First Amendment | Free Speech Clause; Free Association Clause |
| 1981 | Edgar v. MITE Corp., 457 U.S. 624 (1982) |
Business and Corporate Law; Securities Law |
Ill. Rev. Stat., ch. 121 1/2, para. 137.54.A (Illinois Business Take-Over Act): An Illinois law that requires a offeror who wishes to takeover a company to notify the Secretary of State and the target company of its intent to make a offer and the terms of the offer 20 days before the offer becomes effective. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1981 | Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982) |
Criminal Law and Procedure | Mass. Gen. Laws ch. 278, Section 16A: A Massachusetts statute requiring that, under all circumstances, the press and public must be excluded from trials regarding certain sexual offenses that involved a victim under the age of 18. | First Amendment | Free Speech Clause |
| 1981 | Larson v. Valente, 456 U.S. 228 (1982) |
Tax Law | Minn. Stat. Section 309.515 Subdiv. 1(b): Minnesota law that exempts religious organizations that receive more than half of their total contributions from members or affiliated organizations from the registration and reporting requirements of the state’s charitable solicitations statute. | First Amendment | Establishment Clause |
| 1981 | Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982) |
Real Property Law | N.Y. Exec. Law Section 828: A New York statute that requires landlords to allow for the installation of cable television wiring on their property and prohibits landlords from demanding payment from a tenant in excess of what a state commission determines to be reasonable. | Fifth Amendment | Takings Clause |
| 1981 | Mills v. Habluetzel, 456 U.S. 91 (1982) |
Family Law | Tex. Fam. Code Section 13.01: A Texas law that imposes a one-year period from date of birth to bring an action to establish paternity of illegitimate child for purposes of obtaining support. | Fourteenth Amendment | Equal Protection Clause |
| 1981 | Mississippi University for Women v. Hogan, 458 U.S. 718 (1982) |
Education Law; Civil Rights Law |
1884 Miss. Gen. Laws, Ch. 30, Section 6: A policy by the Mississippi University for Women, a state-supported university, that limited its enrollment to women. | Fourteenth Amendment | Equal Protection Clause |
| 1981 | Northern Pipeline Construction Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982) |
Civil Procedure; Bankruptcy Law |
28 U.S.C. § 1471(b): Statute granting bankruptcy courts jurisdiction over all “civil proceedings arising under title 11 [regarding bankruptcy] or arising in or related to cases under title 11.” | Article I, Section 1; Article III |
Vesting Clause |
| 1981 | Plyler v. Doe, 457 U.S. 202 (1982) |
Education Law; Immigration Law |
Tex. Educ. Code Ann. Section 21.031: A Texas statute that withholds state funds from local school districts for the education of any non-U.S. citizen children who were not legally admitted into United States and authorizes school boards to deny enrollment to such children. | Fourteenth Amendment | Equal Protection Clause |
| 1981 | Railway Labor Executives’ Association v. Gibbons, 455 U.S. 457 (1982) |
Bankruptcy Law | 45 U.S.C. § 701: Statutes governing bankruptcy of a single named debtor. | Article I, Section 8, Clause 4 | Bankruptcy Clause |
| 1981 | Santosky v. Kramer, 455 U.S. 745 (1982) |
Family Law | N.Y. Family Court Act Section 622: A New York law that allows the state to terminate, over parental objection, the rights of parents upon a finding by a “fair preponderance of the evidence” that the child is “permanently neglected.” | Fourteenth Amendment | Due Process Clause |
| 1981 | Sporhase v. Nebraska ex rel. Douglas, 458 U.S. 941 (1982) |
Environmental Law | Neb. Rev. Stat. § 46-613.01 (1978): A Nebraska law that requires that any person that intends to withdraw ground water from any well located in the state and transport it for use in another state first obtain a permit from the Nebraska Department of Water Resources. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1981 | Washington v. Seattle School District No. 1, 458 U.S. 457 (1982) |
Education Law; Civil Rights Law |
Initiative 350; Wash. Rev. Code Section 28A.26.010: A Washington statute, enacted by an initiative responding to the use of mandatory busing for purposes of racial integration, that generally prohibits school boards from requiring any student to attend a school other than the one geographically nearest or next to nearest to his home. | Fourteenth Amendment | Equal Protection Clause |
| 1981 | Zobel et ux. v. Williams, 457 U.S. 55 (1982) |
Energy and Utilities Law; Workers’ Compensation and Social Security |
Alaska Stat. Ann. Section 43.23.010: An Alaska law that apportions the state’s mineral income fund to the state’s adult residents based a citizen’s length of residency. | Fourteenth Amendment | Equal Protection Clause |
| 1980 | Kassel v. Consolidated Freightways Corporation of Delaware, 450 U.S. 662 (1981) |
Business and Corporate Law | Iowa Code § 321.457: Iowa statute barring (in conflict with neighboring states) 65-foot double-trailer trucks on state’s highways. | Article I | Commerce Clause |
| 1980 | Kirchberg v. Feenstra, 450 U.S. 455 (1981) |
Real Property Law | La Civ. Code Ann. Art. 2404: Louisiana law permitting husbands, but not wives, to unilaterally dispose of jointly owned property without spousal consent. | Fourteenth Amendment | Equal Protection Clause |
| 1980 | Maryland v. Louisiana, 451 U.S. 725 (1981) |
Business and Corporate Law | La. Rev. Stat. Ann. §§ 47:1301-47:1307 (1981): Louisiana statute imposing a tax on the first use of any natural gas brought in-state that has not been previously taxed. | Article I; Article VI, Section 1, Clause 2 |
Supremacy Clause; Commerce Clause |
| 1980 | Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) |
Civil Rights Law | San Diego Ordinance No. 10795 (Mar. 14, 1972): San Diego, California ordinance prohibiting outdoor advertising displays except for certain onsite signs and 12 specific exceptions. | First Amendment | – |
| 1980 | Schad v. Borough of Mount Ephraim, 452 U.S. 61 (1981) |
Civil Rights Law | Mount Ephraim Code 99-15B: Borough of Mount Ephraim, New Jersey ordinance prohibiting “live entertainment” within the Borough. | First Amendment | – |
| 1980 | Stone v. Graham, 449 U.S. 39 (1980) |
Civil Rights Law | Ky. Rev. Stat. § 158.178: Kentucky statute requiring a copy of the Ten Commandments, purchased with private contributions, to be posted on the wall of each public classroom in the state. | First Amendment | Establishment Clause |
| 1980 | Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155 (1980) |
Civil Rights Law; Business and Corporate Law |
Fla. Stat. § 28.33 (1977): Florida statute authorizing county to retain as its own the interest accruing on an interpleader fund that is deposited in the county court registry, when a fee is charged for the clerk’s services in placing the fund into the registry. | Fifth Amendment; Fourteenth Amendment |
Takings Clause |
| 1979 | Beck v. Alabama, 447 U.S. 625 (1980) |
Criminal Law and Procedure; Civil Rights Law |
Ala. Code § 13-11-2(a) (1975): Alabama death penalty statute forbidding trial judges from giving a jury the option of convicting a defendant of a lesser included offense. | Fourteenth Amendment | Due Process Clause |
| 1979 | Carey v. Brown, 447 U.S. 455 (1980) |
Civil Rights Law; Labor and Employment Law |
Ill. Rev. Stat. ch. 38, §§ 21.1-2 (1977): Illinois statute prohibiting the picketing of residences or dwellings, but exempting the peaceful picketing of places of employment in which there is a labor dispute. | Fourteenth Amendment | Equal Protection Clause |
| 1979 | Central Hudson Gas and Electric Corp. v. Public Service Commission of New York, 447 U.S. 557 (1980) |
Civil Rights Law; Business and Corporate Law |
New York Public Service Commission regulation banning an electric utility from advertising to promote electricity use. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1979 | Lewis v. Bt Investment Managers, Inc., 447 U.S. 27 (1980) |
Business and Corporate Law | Fla. Stat. § 659.141(1): Florida statute barring out-of-state trust companies, banks, and bank holding companies from controlling or owning a business within the state that sells investment advisory services. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1979 | Payton v. New York, 445 U.S. 573 (1980) |
Criminal Law and Procedure | N.Y. Crim. Proc. Law § 140.15(4) (McKinney 1971): New York statutes authorizing police officers to enter a private residence without a warrant to effectuate a felony arrest. | Fourth Amendment; Fourteenth Amendment |
Search and Seizure Clause; Due Process Clause |
| 1979 | Vance v. Universal Amusement Co., 445 U.S. 308 (1980) |
Civil Rights Law | Tex. Rev. Civ. Stat. Ann. art. 4666 (1952); Tex. Rev. Civ. Stat. Ann. art. 4667(a) (1978): Texas public nuisance statute authorizing state judges, based on a showing that a theater previously exhibited obscene films, to enjoin the future exhibition of films not yet found to be obscene | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1979 | Village of Schaumburg v. Citizens for a Better Environment, 444 U.S. 620 (1980) |
Civil Rights Law; Elections Law |
Schaumburg Village Code, ch. 22, art. III, § 22-20(g) (1975): Schaumburg, Illinois ordinance banning in-person solicitation of contributions by charitable organizations that do not use at least 75 percent of their receipts for “charitable purposes.” | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1979 | Wengler v. Druggists Mutual Insurance Co., 446 U.S. 142 (1980) |
Civil Rights Law; Workers’ Compensation and Social Security |
Mo. Rev. Stat. § 287.240 (1979): Missouri workers’ compensation law denying widowers death benefits unless they are either mentally or physically incapacitated or prove dependence on wife’s earnings, but granting widows death benefits regardless of dependency. | Fourteenth Amendment | Equal Protection Clause |
| 1978 | Bellotti v. Baird, 443 U.S. 622 (1979) |
Civil Rights Law; Family Law |
Mass. Gen. Laws Ann. ch. 112, § 12S (1979): Massachusetts law requiring parental consent for an abortion for an unmarried woman under age 18, and providing for a court order permitting abortion for good cause if parental consent is refused, which can nonetheless be withheld even if the court finds the minor to be mature and fully competent. | Fourteenth Amendment | Due Process Clause |
| 1978 | Burch v. Louisiana, 441 U.S. 130 (1979) |
Criminal Law and Procedure | La. Const. art. I, § 17; La. Code Crim. Proc. Ann. art. 779(A) (1979): Louisiana statute, implementing a state constitutional provision, permitting criminal conviction for a non-petty offense by five out of six jurors. | Sixth Amendment; Fourteenth Amendment |
Right to Trial by Jury; Due Process Clause |
| 1978 | Caban v. Mohammed, 441 U.S. 380 (1979) |
Civil Rights Law; Family Law |
N.Y. Dom. Rel. Law § 111(c) (McKinney 1977): New York law permitting an unwed mother but not an unwed father to block the adoption of their child by withholding consent. | Fourteenth Amendment | Equal Protection Clause |
| 1978 | Califano v. Westcott, 443 U.S. 76 (1979) |
Pensions and Benefits Law; Civil Rights Law |
42 U.S.C. § 607: Provision of Social Security Act providing benefits to families if unemployment of father deprives dependent children of parental support, but not providing benefits based on unemployment of mother. | Fifth Amendment | Due Process Clause; Equal Protection Clause |
| 1978 | Colautti v. Franklin, 439 U.S. 379 (1979) |
Civil Rights Law | Pennsylvania Abortion Control Act, § 5(a), Pa. Stat. Ann., Tit. 35, § 6605(a) (Purdon 1977): Pennsylvania abortion law requiring physicians to make a determination that a fetus is not viable, and if the fetus is viable or if there is sufficient reason to believe the fetus may be viable, to exercise the same care to preserve the fetus’ life and health that would be required in the case of a fetus intended to be born alive. | Fourteenth Amendment | Due Process Clause |
| 1978 | Duren v. Missouri, 439 U.S. 357 (1979) |
Civil Rights Law; Criminal Law and Procedure |
Missouri Const., Art. 1, § 22(b); Mo. Rev. Stat. § 494.031(2) (Supp. 1978): Missouri statute, implementing a state constitutional provision, providing for the excusal of any women requesting exemption from jury service. | Sixth Amendment; Fourteenth Amendment |
Fair Cross Section Requirement; Due Process Clause |
| 1978 | Hughes v. Oklahoma, 441 U.S. 322 (1979) |
Business and Corporate Law | Okla. Stat. tit. 29, § 4-115(B) (1978): Oklahoma statute prohibiting the transport or shipment for sale outside the state of natural minnows seined or procured from waters within the state. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1978 | Orr v. Orr, 440 U.S. 268 (1979) |
Civil Rights Law; Family Law |
Ala. Code §§ 30-2-51, 30-2-52, 30-2-53 (1975): Alabama statute imposing alimony obligations on husbands but not on wives. | Fourteenth Amendment | Equal Protection Clause |
| 1978 | Smith v. Daily Mail Publishing Co., 443 U.S. 97 (1979) |
Civil Rights Law | W. Va. Code § 49-7-3 (1976): West Virginia statute making it a crime for a newspaper to publish, without written approval of the juvenile court, the name of any youth charged as a juvenile offender. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1978 | Torres v. Puerto Rico, 442 U.S. 465 (1979) |
Criminal Law and Procedure | P.R. Laws Ann. Tit. 25, § 1051 (1977): Puerto Rico law authorizing the search of any person’s luggage arriving from the United States. | Fourth Amendment | Unreasonable Searches and Seizure Clause |
| 1977 | Ballew v. Georgia, 435 U.S. 223 (1978) |
Civil Rights Law; Criminal Law and Procedure |
1890-1891 Ga. Laws, No. 278, pp. 937-38: Georgia statute providing that certain trials in criminal cases be conducted before five-person juries. | Sixth Amendment | Right to Trial by Jury |
| 1977 | City of Philadelphia v. New Jersey, 437 U.S. 617 (1978) |
Business and Corporate Law | N.J. Stat. Ann. § 13:1I-10 (1978): New Jersey law prohibiting importation of most solid or liquid waste that was collected or originated out of state. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1977 | Crist v. Bretz, 437 U.S. 28 (1978) |
Criminal Law and Procedure; Criminal Law and Procedure |
Mont. Code Ann. § 95-1711(3)(d) (1947): Montana law providing that jeopardy does not attach until the swearing-in of the first witness. | Fifth Amendment | Double Jeopardy Clause |
| 1977 | First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978) |
Civil Rights Law; Elections Law |
Mass. Gen. Laws Ann. ch. 55, § 8 (1977): Massachusetts criminal statute banning certain business corporations from making expenditures for the purpose of influencing referendum votes on any questions not affecting the property, business, or assets of the corporation. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1977 | Hicklin v. Orbeck, 437 U.S. 518 (1978) |
Civil Rights Law; Business and Corporate Law |
Alaska Hire Act, Alaska Stat. Ann. § 38.40.030(a) (1977): Alaska statute mandating that state residents be preferred to nonresidents in employment on oil and gas pipeline work. | Article IV, Section 2 | Privileges and Immunities Clause |
| 1977 | Landmark Communications, Inc. v. Virginia, 435 U.S. 829 (1978) |
Virginia Code §§ 2.1–37.13 (1973): Virginia statute making it a misdemeanor to divulge information regarding proceedings before a state judicial review commission. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
|
| 1977 | Lockett v. Ohio, 438 U.S. 586 (1978) |
Criminal Law and Procedure | Ohio Rev. Code Ann. § 2929.04(B) (1975): Ohio statute requiring imposition of death penalty upon conviction of first-degree murder unless one of three mitigating factors established. | Eighth Amendment; Fourteenth Amendment |
Cruel and Unusual Punishment Clause; Due Process Clause |
| 1977 | Marshall v. Barlow’s, Inc., 436 U.S. 307 (1978) |
Labor and Employment Law; Criminal Law and Procedure |
29 U.S.C. § 657(a): Provision of Occupational Safety and Health Act of 1970 authorizing warrantless inspections of workplaces. | Fourth Amendment | Search and Seizure Clause |
| 1977 | McDaniel v. Paty, 435 U.S. 618 (1978) |
Civil Rights Law; Elections Law |
1976 Tenn. Pub. Acts ch. 848, § 4 (incorporating Tenn. Const. Art. VIII, § 1: Tennessee statute barring ministers and priests from serving as delegates to state constitutional conventions (applying a state constitutional provision disqualifying ministers and priests from serving as members of the legislature). | First Amendment; Fourteenth Amendment |
Free Exercise Clause; Due Process Clause |
| 1977 | New York v. Cathedral Academy, 434 U.S. 125 (1977) |
Civil Rights Law; Education Law |
1972 N.Y. Laws ch. 996: New York law authorizing reimbursement to sectarian schools for state-mandated testing and record-keeping services. | First Amendment; Fourteenth Amendment |
Establishment Clause; Due Process Clause |
| 1977 | Raymond Motor Transportation, Inc. v. Rice, 434 U.S. 429 (1978) |
Transportation Law; Business and Corporate Law |
Wis. Stat. §§ 348.07(1) (1975): Wisconsin statutory and regulatory scheme generally prohibiting trucks longer than 55 feet to be operated on highways. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1977 | Zablocki v. Redhail, 434 U.S. 374 (1978) |
Civil Rights Law; Family Law |
Wis. Stat. §§ 245.10(1), (4), (5) (1973): Wisconsin statute requiring court permission to marry for any resident that has minor children not in his custody for which he is under a court order to support, unless a court determines that the support obligation has been met and that the children are not and are not likely to become public charges. | Fourteenth Amendment | Equal Protection Clause |
| 1976 | Abood v. Detroit Board of Education, 431 U.S. 209 (1977) |
Civil Rights Law; Labor and Employment Law |
Mich. Comp. Laws § 432.210(1)(c): Michigan public sector collective bargining statute permitting a union and local government employer to enter an arrangement where every employee must contribute to the union as a condition of employment and the union could spend those funds for political purposes. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1976 | Boston Stock Exchange v. State Tax Commission, 429 U.S. 318 (1977) |
Securities Law | N.Y. Tax Law § 270-a (McKinney 1976): New York law imposing a transfer tax on securities transactions structured so that transactions involving an out-of-state sale were taxed more heavily than most transactions involving a sale within the state. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1976 | Califano v. Goldfarb, 430 U.S. 199 (1977) |
Pensions and Benefits Law | 42 U.S.C. § 402(f)(1)(D): Provision of Social Security Act awarding survivor’s benefits based on earnings of a deceased wife to widower only if he was receiving at least half of his support from her at the time of her death, but awarding benefits to widow regardless of dependency. | Fifth Amendment | Due Process Clause; Equal Protection Clause |
| 1976 | Carey v. Population Services International, 431 U.S. 678 (1977) |
Civil Rights Law | N.Y. Educ. Law § 6811(8) (McKinney 1972): New York law making it a crime (1) for any person to sell or distribute contraceptives to minors under 16; (2) for anyone other than a licensed pharmacist to distribute contraceptives to persons 16 or over; and (3) for anyone to advertise or display contraceptives. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1976 | Coker v. Georgia, 433 U.S. 584 (1977) |
Civil Rights Law; Criminal Law and Procedure |
Ga. Code Ann. § 26-2001 (1972): Georgia statute authorizing the death penalty as punishment for rape. | Eighth Amendment; Fourteenth Amendment |
Cruel and Unusual Punishment Clause; Due Process Clause |
| 1976 | Connally v. Georgia, 429 U.S. 245 (1977) |
Civil Rights Law; Criminal Law and Procedure |
Ga. Code Ann. § 24-1601 (1971): Georgia law providing that a justice of the peace receive a fee for issuance of a search warrant, but no fee for a denial, where the justice received no salary. | Fourth Amendment; Fourteenth Amendment |
Search and Seizure Clause; Due Process Clause |
| 1976 | Craig v. Boren, 429 U.S. 190 (1976) |
Civil Rights Law | Okla. Stat. Tit., 37, §§ 241, 245 (1958 and Supp. 1976): Oklahoma law prohibiting the sale of 3.2% alcoholic beer to males under 21 and to females under 18. | Fourteenth Amendment | Equal Protection Clause |
| 1976 | Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333 (1977) |
Business and Corporate Law | N.C. Gen. Stat. § 106-189.1 (1973): North Carolina statute requiring that all apples sold or shipped into the state in closed containers be identified by no grade on containers other than an applicable federal grade or a designation that apples are ungraded. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1976 | Lefkowitz v. Cunningham, 431 U.S. 801 (1977) |
Civil Rights Law; Elections Law |
N.Y. Elec. Law § 22 (McKinney 1964): New York statute automatically removing from office and disqualifying from any office for the next five years any political party officer who refuses to testify or to waive immunity against subsequent criminal prosecution when subpoenaed before an authorized tribunal. | Fifth Amendment; Fourteenth Amendment |
Self-Incrimination Clause; Due Process Clause |
| 1976 | Linmark Associates, Inc. v. Township of Willingboro, 431 U.S. 85 (1977) |
Civil Rights Law | Willingboro, N.J., Ordinance 5-1974: Wilingboro, New Jersey ordinance prohibiting “For Sale” and “Sold” signs in order to prevent what the township perceived as flight of white homeowners. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1976 | Moore v. City of East Cleveland, 431 U.S. 494 (1977) |
Civil Rights Law | East Cleveland, Ohio, Housing Code § 1341.08: East Cleveland zoning ordinance limiting housing occupancy to members of a single family and restrictively defining family to a few categories of individuals. | Fourteenth Amendment | Due Process Clause; Takings Clause |
| 1976 | Nyquist v. Mauclet, 432 U.S. 1 (1977) |
Civil Rights Law; Education Law |
N.Y. Educ. Law § 661(3) (McKinney 1976): New York statute barring resident aliens who have not either applied for citizenship or affirmed the intent to apply from access to state financial assistance for higher education. | Fourteenth Amendment | Equal Protection Clause |
| 1976 | Roberts v. Louisiana, 431 U.S. 633 (1977) |
Civil Rights Law; Criminal Law and Procedure |
La. Rev. Stat. Ann. § 14:30(2) (1974): Louisiana statute imposing a mandatory death sentence for convictions of first-degree murder. | Eighth Amendment; Fourteenth Amendment |
Cruel and Unusual Punishment Clause; Due Process Clause |
| 1976 | Shaffer v. Heitner, 433 U.S. 186 (1977) |
Delaware statute authorizing a court of the state to take jurisdiction of a lawsuit by sequestering property of a defendant that happens to be located in state. | – | – | |
| 1976 | Trimble v. Gordon, 430 U.S. 762 (1977) |
Civil Rights Law; Real Property Law |
Illinois Probate Act, Ill. Rev. Stat. ch. 3, § 12 (1973): Illinois law requiring that illegitimate children could inherit by intestate succession only from their mothers while legitimate children could take from both parents. | Fourteenth Amendment | Equal Protection Clause |
| 1976 | United States Trust Company of New York v. New Jersey, 431 U.S. 1 (1977) |
Contracts Law | N.J. Laws, ch. 25 (1974): New Jersey law (together with a parallel New York statute) repealing a statutory covenant made by those states concerning the Port Authority of New York and New Jersey. | Article I, Section 10, Clause 1 | Contract Clause |
| 1976 | Wolman v. Walter, 433 U.S. 229 (1977) |
Civil Rights Law; Education Law |
Ohio Rev. Code Ann. § 3317.06(B), (C), (L) (Supp. 1976): Ohio statute authorizing funding for the use of nonpublic schoolchildren for the purpose of (1) purchasing and loaning to pupils or their parents instructional material and equipment and (2) providing transportation and services for field trips. | First Amendment; Fourteenth Amendment |
Establishment Clause; Due Process Clause |
| 1976 | Wooley v. Maynard, 430 U.S. 705 (1977) |
Civil Rights Law | N.H. Rev. Stat. Ann. §§ 262:27-c, 263:1 (1975): New Hampshire law requiring that state license plates bear the motto “Live Free or Die” and making it a misdemeanor to obscure the motto. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1975 | Buckley v. Valeo, 424 U.S. 1 (1976) |
Elections Law | 18 U.S.C. §§ 608(a), (c), and (e)(1): Provision of election statute limiting financial contributions to political candidates.
2 U.S.C. § 437(c): Statutes creating Federal Election Commission, vesting in it enforcement powers, and allowing legislative branch alone to appoint six members of Commission. |
Article II, Section 2, Clause 2; First Amendment |
Appointments Clause; Free Speech Clause |
| 1975 | Examining Board of Engineers, Architects and Surveyors v. Flores De Otero, 426 U.S. 572 (1976) |
Civil Rights Law; Labor and Employment Law |
P. R. Laws Ann., Tit. 20, 681-710 (Supp. 1973): Puerto Rico statute barring non-United States citizens from practicing as civil engineers in a private capacity. | Fifth Amendment; Fourteenth Amendment |
Due Process Clause; Equal Protection Clause |
| 1975 | Great Atlantic and Pacific Tea Co. v. Cottrell, 424 U.S. 366 (1976) |
Contracts Law | Mississippi regulation prohibiting the sale of milk and milk products from another state unless the other State accepts milk and milk products from Mississippi. | Article I, Section 8, Clause 3 | Dormant Commerce Clause |
| 1975 | Hampton v. Mow Sun Wong, 426 U.S. 88 (1976) |
Labor and Employment Law; Civil Rights Law |
5 C.F.R. § 338.101(a) (1976): Regulation of U.S. Civil Service Commission excluding from federal employment all persons except American citizens and natives of American Samoa. | Fifth Amendment | Due Process Clause |
| 1975 | Hynes v. Mayor of Oradell, 425 U.S. 610 (1976) |
Civil Rights Law | Borough of Oradell, New Jersey Ordinance No. 598A: Ordinance requiring that advance written notice be given to local police by any person desiring to canvass, solicit, or call from house to house for a recognized charitable cause or political campaign or cause. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1975 | Mckinney v. Alabama, 424 U.S. 669 (1976) |
Civil Rights Law; Criminal Law and Procedure |
Ala. Code, Tit. 14, § 374(4) (Supp. 1973); Ala. Code, Tit. 14, c. 64A: Alabama law authorizing officials to bring charges for selling material known to be obscene but precluding defendants from litigating the obscenity vel non of material found to be obscene in a separate equity proceeding. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1975 | National League of Cities v. Usery, 426 U.S. 833 (1976) |
Labor and Employment Law | 29 U.S.C. §§ 203(s)(5), (x) (1970 ed., Supp. IV): Statutory provisions extending minimum wage and maximum hour standards to employees of state and local governments. | Article I, Section 8, Clause 3 and Clause 18 | Commerce Clause; Necessary and Proper Clause |
| 1975 | Planned Parenthood of Central Missouri v. Danforth, 428 U.S. 52 (1976) |
Civil Rights Law; Family Law |
House Committee Substitute for House Bill No. 1211: Missouri law requiring spousal and parental consent for minors in certain circumstances before an abortion could be performed; proscribing the saline amniocentesis abortion procedure after the first 12 weeks of pregnancy; and requiring physicians to exercise professional care to preserve a fetus’ life and health subject to criminal and civil penalties. | Fourteenth Amendment | Due Process Clause |
| 1975 | Roberts v. Louisiana, 428 U.S. 325 (1976) |
Civil Rights Law; Criminal Law and Procedure |
La. Rev. Stat. Ann. §§ 14:30, 14:42, 14:44, 14:113 (1974): Louisiana statute making the death penalty mandatory upon conviction of first-degree murder. | Eighth Amendment; Fourteenth Amendment |
Due Process Clause |
| 1975 | Turner v. Department of Employment Security of Utah, 423 U.S. 44 (1975) |
Labor and Employment Law; Civil Rights Law |
Utah Code Ann. § 35-4-5(h) (1) (1974): Utah law making pregnant women ineligible for unemployment compensation from twelve weeks before the expected date of childbirth until six weeks after childbirth. | Fourteenth Amendment | Due Process Clause |
| 1975 | Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976) |
Civil Rights Law; Healthcare Law |
Va. Code Ann. §§ 54-524.35: Virginia statute declaring it unprofessional conduct for a licensed pharmacist to advertise the price of prescription drugs. | First Amendment | Free Speech Clause |
| 1975 | Woodson v. North Carolina, 428 U.S. 280 (1976) |
Civil Rights Law; Criminal Law and Procedure |
N.C. Gen. Stat. §§ 14-17 (Cum. Supp. 1975): North Carolina statute making the death penalty mandatory upon conviction of first-degree murder. | Eighth Amendment; Fourteenth Amendment |
Due Process Clause |
| 1974 | Austin v. New Hampshire, 420 U.S. 656 (1975) |
Transportation Law; Tax Law |
N.H. Rev. Stat. Ann. § 77-B:2 II (1971): The New Hampshire Commuters Income Tax, which imposed a tax on nonresidents’ New Hampshire-derived income. | Article IV | Privileges and Immunities Clause |
| 1974 | Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975) |
Civil Rights Law | Jacksonville, Fla., Ordinance 330.313 (1972): Jacksonville, Florida ordinance making it a public nuisance and a punishable offense for a drive-in movie theater to exhibit films containing nudity, when the screen is visible from a public street or place. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1974 | Goss v. Lopez, 419 U.S. 565 (1975) |
Education Law | Ohio Rev. Code Ann. § 3313.66 (1972): Ohio statute authorizing suspension without a hearing of public school students for up to 10 days for misconduct. | Fourteenth Amendment | Due Process Clause |
| 1974 | Herring v. New York, 422 U.S. 853 (1975) |
Criminal Law and Procedure | N.Y. Crim. Proc. Law § 320.20 (3)(c) (1971): New York statute granting the trial judge in a nonjury criminal case the power to deny counsel the opportunity to make a summation of the evidence before the rendition of judgment. | Sixth Amendment; Fourteenth Amendment |
Right to Counsel |
| 1974 | Hill v. Stone, 421 U.S. 289 (1975) |
Elections Law | Tex. Const. Art. 6, § 3; Tex. Elec. Code §§ 5.03, 5.04, 5.07 (1967 and Supp. 1974-1975); Charter of the City of Fort Worth, c. 25, § 19: Texas constitution and statutes and city charter limiting the right to vote in city bond issue elections to persons who have listed property for taxation in the election district in the year of the election. | Fourteenth Amendment | Equal Protection Clause |
| 1974 | Meek v. Pittenger, 421 U.S. 349 (1975) |
Education Law | Pa. Stat. Ann., Tit. 24, § 9-972: Pennsylvania laws authorizing direct provision to nonpublic school children of “auxiliary services”, i.e., counseling, testing, speech and hearing therapy, etc., and loans to the nonpublic schools for instructional material and equipment. | First Amendment; Fourteenth Amendment |
Establishment Clause |
| 1974 | North Georgia Finishing, Inc. v. Di-Chem, Inc., 419 U.S. 601 (1975) |
Civil Procedure | Ga. Code Ann. §§ 46-101 through 46-104, 46-401: Georgia statutes permitting a writ of garnishment to be issued in pending suits on the conclusory affidavit of plaintiff, and prescribing the filing of a bond as the only method of dissolving the writ, which deprived defendant of the use of the property pending the litigation, and making no provision for an early hearing. | Fourteenth Amendment | Due Process Clause |
| 1974 | Stanton v. Stanton, 421 U.S. 7 (1975) |
Family Law | Utah Code Ann. § 15-2-1 (1953): Utah’s age of majority statute applied in the context of child support requirements obligating parental support of a son to age 21 but a daughter only to age 18. | Fourteenth Amendment | Equal Protection Clause |
| 1974 | Taylor v. Louisiana, 419 U.S. 522 (1975) |
Criminal Law and Procedure | La. Const., Art. VII, § 41, and La. Code Crim. Proc., Art. 402: Constitutional and statutory provisions providing that a woman should not be selected for jury service unless she had previously filed a written declaration of her desire to be subject to jury service. | Sixth Amendment; Fourteenth Amendment |
Right to Trial by Jury |
| 1974 | United States v. Tax Commission of Mississippi, 421 U.S. 599 (1975) |
Tax Law | Regulation 25 of the Mississippi State Tax Commission, requiring out-of-state liquor distillers and suppliers to collect from military installations within Mississippi, and remit to the Commission, a liquor tax. | Article VI, Section 1, Clause 2 | Supremacy Clause |
| 1974 | Weinberger v. Wiesenfeld, 420 U.S. 636 (1975) |
Pensions and Benefits Law; Civil Rights Law |
42 U.S.C. § 402(g): Provision of Social Security Act granting survivors’ benefits based on the earnings of a deceased husband and father to his widow and to the couple’s minor children in her care, but granting benefits based on the earnings of a deceased wife and mother only to the minor children and not to the widower. | Fifth Amendment | Due Process Clause |
| 1973 | Cleveland Board of Education v. LaFleur, 414 U.S. 632 (1974) |
Civil Rights Law; Labor and Employment Law |
Rule of Board of Education of Cleveland, Ohio requiring “every pregnant school teacher to take maternity leave without pay, beginning five months before the expected birth of her child” and to not “return to work until the beginning of the next regular school semester which follows the date when her child attains the age of three months”; School Board of Chesterfield County, Virginia regulation requiring a “pregnant teacher leave work at least four months prior to the expected birth of her child.” | Fourteenth Amendment | Due Process Clause |
| 1973 | Communist Party of Indiana v. Whitcomb, 414 U.S. 441 (1974) |
Elections Law | Ind. Ann. Stat. § 29-3812 (1969): Indiana statute prescribing a loyalty oath as a qualification for access to the ballot. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Free Press Clause |
| 1973 | Davis v. Alaska, 415 U.S. 308 (1974) |
Criminal Law and Procedure | Alaska Rule of Children’s Procedure 23 and Alaska Stat. § 47.10.080 (g) (1971): Alaska statute protecting the anonymity of juvenile offenders, as applied to prohibit cross-examination of a prosecution witness for possible bias. | Sixth Amendment; Fourteenth Amendment |
Confrontation Clause |
| 1973 | Jimenez v. Weinberger, 417 U.S. 628 (1974) |
Pensions and Benefits Law | 42 U.S.C. § 416(h)(3)(B): Provision of Social Security Act qualifying certain illegitimate children for disability insurance benefits by presuming dependence but disqualifying other illegitimate children, regardless of dependency, if the disabled wage earner parent did not contribute to the child’s support before the onset of the disability or if the child did not live with the parent before the onset of disability. | Fifth Amendment | Due Process Clause; Equal Protection Clause |
| 1973 | Kusper v. Pontikes, 414 U.S. 51 (1973) |
Elections Law | § 7-43 (d) of the Illinois Election Code: Illinois statute prohibiting anyone who has voted in one party’s primary election from voting in another party’s primary election for at least 23 months. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1973 | Lefkowitz v. Turley, 414 U.S. 70 (1973) |
Criminal Law and Procedure; Government Contracts |
New York General Municipal Law §§ 103-a and 103-b and New York Public Authorities Law §§ 2601 and 2602: New York statute providing for cancellation of public contracts and disqualification of contractors from doing business with the state for five years for refusal to waive immunity from prosecution and testify concerning state contracts. | Fifth Amendment; Fourteenth Amendment |
Self-Incrimination Clause |
| 1973 | Lewis v. City of New Orleans, 415 U.S. 130 (1974) |
Civil Rights Law | New Orleans Ordinance 828 M. C. S. § 49-7: New Orleans ordinance interpreted by state courts to punish the use of opprobrious words to a police officer without limitation of offense to uttering of fighting words. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1973 | Lubin v. Panish, 415 U.S. 709 (1974) |
Elections Law | Cal. Elections Code § 6551: California statute imposing a filing fee as the only means to get on the ballot. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Equal Protection Clause |
| 1973 | Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974) |
Civil Rights Law; Healthcare Law |
Ariz. Rev. Stat. Ann. §§ 11-291, 11-297A (Supp. 1973-1974): Arizona statute imposing a one-year county residency requirement for indigents’ eligibility for nonemergency medical care at state expense. | Fourteenth Amendment | Equal Protection Clause |
| 1973 | Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974) |
Civil Rights Law | Fla. Stat. Ann. § 104.38 (1973): Florida statute compelling newspapers to publish free replies by political candidates criticized by newspapers. | First Amendment; Fourteenth Amendment |
Free Press Clause |
| 1973 | O’Brien v. Skinner, 414 U.S. 524 (1974) |
Elections Law | N.Y. Election Law § 117 (1)(b) (1964): New York election law that permits persons incarcerated outside their county of residence while awaiting trial to register and vote absentee, but denying absentee privilege to persons incarcerated in their county of residence. | Fourteenth Amendment | Equal Protection Clause |
| 1973 | Plummer v. City of Columbus, 414 U.S. 2 (1973) |
Civil Rights Law | Columbus City Code § 2327.03: City ordinance of Columbus, Ohio prohibiting a person from abusing through the use of “menacing, insulting, slanderous, or profane language.” | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1973 | Procunier v. Martinez, 416 U.S. 396 (1974) |
Criminal Law and Procedure | Rule 2401 & 2402 of the California Department of Corrections; Administrative Rule MV-IV-02: Rules relating to the censorship of prisoner mail and a ban against attorney-client interviews conducted by law students or legal paraprofessionals. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1973 | Smith v. Goguen, 415 U.S. 566 (1974) |
Civil Rights Law | Mass. Gen. Laws Ann., c. 264, § 5: Massachusetts statute punishing anyone who treats the flag “contemptuously” without anchoring the proscription to specified conduct and modes. | Fourteenth Amendment | Due Process Clause |
| 1973 | Wolff v. McDonnell, 418 U.S. 539 (1974) |
Civil Rights Law | Certain Nebraska prison disciplinary procedures. | Fourteenth Amendment | Due Process Clause |
| 1972 | Committee for Public Education and Religious Liberty v. Nyquist, 413 U.S. 756 (1973) |
Education Law; Tax Law |
N.Y. Laws 1972, c. 414, §§ 1–5: New York education and tax laws providing grants to nonpublic schools for maintenance and repairs of facilities and providing tuition reimbursements and income tax benefits to parents of children attending nonpublic schools. | First Amendment; Fourteenth Amendment |
Establishment Clause |
| 1972 | Doe v. Bolton, 410 U.S. 179 (1973) |
Family Law; Civil Rights Law |
Portions of Ga. Code §§ 26-1201–26-1203: Portions of Georgia statutes criminalizing abortions but permitting them under prescribed circumstances. | Fourteenth Amendment | Equal Protection Clause |
| 1972 | Evco v. Jones, 409 U.S. 91 (1972) |
Tax Law | N.M. Stat. Ann. §§ 72-16A-1–72-16A-19 (1953 Compilation & Supp. 1971): New Mexico tax that a state appeals court characterized as an assessment on a business’s proceeds from out-of-state sales of tangible personal property. | Article I | Dormant Commerce Clause |
| 1972 | Frontiero v. Richardson, 411 U.S. 677 (1973) |
Civil Rights Law; Family Law |
37 U.S.C. §§ 401, 403; 10 U.S.C. §§ 1072, 1076: Statutes providing that spouses of female members of the Armed Forces must be proved dependent to qualify for certain benefits, whereas spouses of male members are statutorily deemed dependent and automatically qualified for allowances. | Fifth Amendment | Due Process Clause |
| 1972 | In re Griffiths, 413 U.S. 717 (1973) |
Civil Rights Law | Rule 8(1) of the Connecticut Practice Book (1963): Connecticut legal bar rule restricting bar admission to United States citizens. State Bar Requirements, see also 413 U.S. 717; 470 U.S. 274; 486 U.S. 466; 487 U.S. 59; 489 U.S. 546. | Fourteenth Amendment | Equal Protection Clause |
| 1972 | Levitt v. Committee for Public Education and Religious Liberty, 413 U.S. 472 (1973) |
Education Law | New York Laws 1970, c. 138, § 2: New York statute to reimburse nonpublic schools for administrative expenses incurred in carrying out state-mandated examination and record-keeping requirements, but requiring no accounting and separating of religious and nonreligious uses. | First Amendment; Fourteenth Amendment |
Establishment Clause |
| 1972 | New Jersey Welfare Rights Organization v. Cahill, 411 U.S. 619 (1973) |
Family Law | N.J. Stat. Ann. §§ 44:13-1 et seq.: New Jersey statute denying assistance to families in which parents are not ceremonially married, among other qualifications. | Fourteenth Amendment | Equal Protection Clause |
| 1972 | Papish v. Board of Curators of the University of Missouri, 410 U.S. 667 (1973) |
Civil Rights Law | A bylaw of a university board of curators that prohibited distribution of materials containing “indecent speech.” | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1972 | Roe v. Wade, 410 U.S. 113 (1973) |
Family Law; Civil Rights Law |
Vernon’s Ann. Tex. P.C. arts. 1191–94, 1196: Texas statute making it a crime to procure or to attempt to procure an abortion except on medical advice to save the life of the mother. | Fourteenth Amendment | Due Process Clause |
| 1972 | Sloan v. Lemon, 413 U.S. 825 (1973) |
Education Law | Pa. Laws 1971, Act 92, Pa. Stat. Ann., Tit. 24, §§ 5701–09 (Supp. 1973 & 1974): Pennsylvania statute providing for reimbursement of parents for portion of tuition expenses in sending children to nonpublic schools. | First Amendment; Fourteenth Amendment |
Establishment Clause |
| 1972 | Sugarman v. Dougall, 413 U.S. 634 (1973) |
Civil Rights Law; Labor and Employment Law |
N.Y. Civ. Serv. Law § 53 (Supp. 1972-1973): New York statute providing that only United States citizens may hold permanent positions in competitive civil service. | Fourteenth Amendment | Equal Protection Clause |
| 1972 | United States Department of Agriculture v. Moreno, 413 U.S. 528 (1973) |
Pensions and Benefits Law | 7 U.S.C. § 2012(e): Statute excluding household from receiving food stamps if household contains an individual unrelated by birth, marriage, or adoption to any other member of the household. | Fifth Amendment | Due Process Clause; Equal Protection Clause |
| 1972 | United States Department of Agriculture v. Murry, 413 U.S. 508 (1973) |
Pensions and Benefits Law | 7 U.S.C. § 2014(b): Statute creating conclusive presumption of food stamp ineligibility for households containing persons 18 years or older who were claimed as “dependents” for income tax purposes by a taxpayer who was ineligible for food stamps. | Fifth Amendment | Due Process Clause |
| 1972 | Vlandis v. Kline, 412 U.S. 441 (1973) |
Education Law | Conn. Gen. Stat. Rev. s10—329(b) (Supp. 1969), as amended by Public Act No. 5, § 126 (June Sess. 1971): Connecticut statute creating an irrebuttable presumption that a student from out-of-state at the time he applied to a state college remained a nonresident for tuition purposes for his entire student career. | Fourteenth Amendment | Due Process Clause |
| 1972 | Ward v. Village of Monroeville, 409 U.S. 57 (1972) |
Civil Rights Law | Ohio Rev. Code Ann. §§ 1905.01 et seq. (1968): Ohio statute authorizing the mayor to sit as judge at trials for traffic offenses. | Fourteenth Amendment | Due Process Clause |
| 1972 | Wardius v. Oregon, 412 U.S. 470 (1973) |
Criminal Law and Procedure | Ore. Rev. Stat. § 135.875: Oregon statute requiring a defendant to give pretrial notice of alibi defense and names of supporting witnesses but denying the defendant any reciprocal right of discovery of rebuttal evidence. | Fourteenth Amendment | Due Process Clause |
| 1972 | White v. Regester, 412 U.S. 755 (1973) |
Elections Law | Provision of reapportionment plan for the Texas House of Representatives adopted in 1970 by the State Legislative Redistricting Board creating multimember districts in two Texas counties instead of single-member districts. | Fourteenth Amendment | Equal Protection Clause |
| 1972 | White v. Weiser, 412 U.S. 783 (1973) |
Elections Law | S.B. 1, Tex. Acts, 62d Leg., 1st Called Sess., c. 12, p. 38: Texas congressional districting law. | Article I, Section 2 | Composition and Election of Members |
| 1971 | Brooks v. Tennessee, 406 U.S. 605 (1972) |
Criminal Law and Procedure | Tenn. Code Ann. § 40-2403 (1955): Tennessee statute that requires a criminal defendant who chooses to testify to do so before any other witness for him. | Fifth Amendment; Fourteenth Amendment |
Self-Incrimination Clause |
| 1971 | Bullock v. Carter, 405 U.S. 134 (1972) |
Elections Law | Arts. 13.07a, 13.08, 13.08a, 13.15, and 13.16 of the Texas Election Code Ann., V.A.T.S. (Supp. 1970—71): Texas’ filing fee system, which imposes on candidates the costs of the primary election operation and affords no alternative opportunity for candidates unable to pay the fees to obtain access to the ballot. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Dunn v. Blumstein, 405 U.S. 330 (1972) |
Elections Law | Tenn. Const. art. IV, § 1; Tenn. Code Ann. § 2-201 (Supp. 1970): Tennessee’s one-year residency requirement as a condition of registration to vote. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Eisenstadt v. Baird, 405 U.S. 438 (1972) |
Civil Rights Law | Mass. Gen. Laws Ann., ch. 272, § 21: Massachusetts statute making it a crime to dispense any contraceptive article to an unmarried person, except to prevent disease. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Fuentes v. Shevin, 407 U.S. 67 (1972) |
Civil Rights Law | F.S.A. §§ 78.01, 78.07, 78.08, 78.10, 78.13; 12 P.S. Pa. § 1821; Pa. R.C.P. Nos. 1073(a, b), 1076, 1077,12 P.S. Appendix: Replevin statutes of Florida and Pennsylvania that permit installment sellers or other persons alleging entitlement to property to cause the seizure of the property without any notice or opportunity to be heard on the issues. | Fourteenth Amendment | Due Process Clause |
| 1971 | Furman v. Georgia, 408 U.S. 238 (1972) |
Criminal Law and Procedure | Code Ga. §§ 26-1005, 26-1302; Vernon’s Ann. Tex. P.C. art. 1189: Georgia and Texas statutes providing for the imposition of the death penalty. | Eighth Amendment; Fourteenth Amendment |
Cruel and Unusual Punishment Clause |
| 1971 | Gooding v. Wilson, 405 U.S. 518 (1972) |
Criminal Law and Procedure | Ga. Code Ann. § 26-6303: Georgia statute making it a crime to use language “of or to another” tending to cause a breach of the peace, which was not limited to “fighting words.” | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1971 | Grayned v. City of Rockford, 408 U.S. 104 (1972) |
Civil Rights Law | Code of Ordinances, c. 28, s 18.1(i): Rockford ordinance referred to as an “antipicketing” ordinance. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Groppi v. Leslie, 404 U.S. 496 (1972) |
Criminal Law and Procedure | Wis. Assembly Res. Of Oct. 1, 1969, Special Sess.: The Assembly of the Wisconsin Legislature passed a resolution citing petitioner for contempt and directing his confinement in the Dane County jail for a period of six months or for the duration of the 1969 Regular Session of the legislature, whichever was shorter. | Fourteenth Amendment | Due Process Clause |
| 1971 | Jackson v. Indiana, 406 U.S. 715 (1972) |
Criminal Law and Procedure; Civil Rights Law |
Ind. Ann. Stat. § 9-1706a (Supp. 1971) (recodified at Ind. Code 35-5-3-2 (1971): Indiana’s pretrial commitment procedure for allegedly incompetent defendants, which provides more lenient standards for commitment than the procedure for those persons not charged with any offense, and more stringent standards for release. | Fourteenth Amendment | Due Process Clause |
| 1971 | James v. Strange, 407 U.S. 128 (1972) |
Civil Rights Law | Kan. Stat. Ann. § 22-4513: Kansas statute enabling the state to recover in subsequent civil proceedings legal defense fees for indigent defendants. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Lindsey v. Normet, 405 U.S. 56 (1972) |
Civil Rights Law | Ore. Rev. Stat. § 105.160: Oregon statute requiring tenants who wish to appeal housing eviction order to file bond in twice the amount of rent expected to accrue during pendency of appeal. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Moore v. Illinois, 408 U.S. 786 (1972) |
Criminal Law and Procedure | Illinois statute providing for imposition of the death penalty. | Eighth Amendment; Fourteenth Amendment |
Cruel and Unusual Punishment Clause |
| 1971 | Papachristou v. City of Jacksonville, 405 U.S. 156 (1972) |
Civil Rights Law | Jacksonville Ordinance Code § 26-57: Jacksonville, Florida vagrancy ordinance covering various generalized offenses. | Fourteenth Amendment | Due Process Clause |
| 1971 | Police Department of Chicago v. Mosley, 408 U.S. 92 (1972) |
Civil Rights Law | Chicago Municipal Code, c. 193-1(i) (1971): Chicago ordinance prohibiting all picketing within a certain distance of any school except labor picketing while school was in session. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Reed v. Reed, 404 U.S. 71 (1971) |
Civil Rights Law | I.C. § 15-314: Idaho statute giving preference to males over females for appointment as administrator of a decedent’s estate. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Stanley v. Illinois, 405 U.S. 645 (1972) |
Family Law | Ill. Rev. Stat., c. 37 §§ 701-14 (definition), 702-1, 702-4, 702-5, 705-8: Illinois statute that presumes without a hearing the unfitness of the father of illegitimate children to have custody upon death or disqualification of the mother. The case turned on the interplay between the definition of “parent” and the relevant procedures. | Fourteenth Amendment | Due Process Clause; Equal Protection Clause |
| 1971 | United States v. Scotland Neck City Board of Education, 407 U.S. 484 (1972) |
Civil Rights Law; Education Law |
1969 N.C. Sess. Laws ch. 31: North Carolina statute concerning the creation of a new school district that the district court had found would impede disestablishment of desegregation efforts. | Fourteenth Amendment | Equal Protection Clause |
| 1971 | Weber v. AETNA Casualty and Surety Company, 406 U.S. 164 (1972) |
Workers’ Compensation and Social Security; Family Law |
Louisiana Civil Code Articles 203, 204, and 205: Louisiana workmen’s compensation statute, which relegates unacknowledged illegitimate children to a status inferior to legitimate and acknowledged illegitimate children. | Fourteenth Amendment | Equal Protection Clause |
| 1970 | Application of Stolar, 401 U.S. 23 (1971) |
Legal Ethics | New York State Bar Association conditioned admission on answering questions regarding participation in organizations advocating overthrow of the U.S. government by force. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1970 | Baird v. State Bar of Arizona, 401 U.S. 1 (1971) |
Legal Ethics | State Bar of Arizona conditioned admission on answering questions as to whether applicants had ever belonged to organizations advocating for an overthrow of the government. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1970 | Bell v. Burson, 402 U.S. 535 (1971) |
Transportation Law; Civil Rights Law | Motor Vehicle Safety Responsibility Act, Ga. Code Ann. §§ 92A-601 et seq. (1958): Georgia statute requiring suspension of driver’s license and vehicle registration of uninsured motorists involved in accidents unless he or she could post security to cover the damages. | Fourteenth Amendment | Due Process Clause |
| 1970 | Blount v. Rizzi, 400 U.S. 410 (1971) |
Civil Rights Law | 39 U.S.C. § 4006: Statute which allows the Postmaster General to designate certain packages unlawful, refuse to send obscene packages, and halt all mail coming from individual during this proceeding. | First Amendment | Free Speech Clause |
| 1970 | Coates v. City of Cincinnati, 402 U.S. 611 (1971) |
Civil Rights Law | Code of Ordinances of the City of Cincinnati § 901-L6 (1956): Ordinance preventing individuals from assembling as groups in a manner that annoyed others, which was unconstitutionally vague and violative of the First Amendment. | First Amendment; Fourteenth Amendment |
Free Speech Clause; Due Process Clause |
| 1970 | Cohen v. California, 403 U.S. 15 (1971) |
Civil Rights Law | Cal. Penal Code § 415: California statute prohibited offensive conduct intended to disturb the peace. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1970 | Connell v. Higginbotham, 403 U.S. 207 (1971) |
Civil Rights Law; Education Law | Fla. Stat. §§ 876.05–10 (1965): Statute contained an oath to which state employees were required to swear or affirm that such individual did not belong to any organization advocating the overflow of the U.S. or Florida governments. | Fourteenth Amendment | Due Process Clause |
| 1970 | Graham v. Richardson, 403 U.S. 365 (1971) |
Pensions and Benefits Law | Ariz. Rev. Stat. Ann. § 46-233 (Supp. 1970–1971): An Arizona statute restricted federal assistance to U.S. citizens or aliens residing in the U.S. for a total of 15 years.
Pa. Stat. Ann., Tit. 62, § 432(2) (1968) (public welfare code): A Pennsylvania code provision limiting commonwealth-funded assistance to U.S. citizens. |
Article I, Section 8, Clause 4; Fourteenth Amendment |
Equal Protection Clause |
| 1970 | Groppi v. Wisconsin, 400 U.S. 505 (1971) |
Criminal Law and Procedure | Wis. Stat. § 971.22 (effective July 1, 1970): Wisconsin statute provided in essence that only those defendants charged with felonies could move to change venue on grounds of impartiality at trial. | Sixth Amendment; Fourteenth Amendment |
Due Process Clause |
| 1970 | Lemon v. Kurtzman, 403 U.S. 602 (1971) |
Civil Rights Law; Education Law | R.I. Gen. Laws Ann. §§ 16-51-1 et seq. (Supp. 1970): Act authorizing state officials to supplement salaries of teachers of secular subjects at non-public schools resulted in excessive entanglement of government with religion.
Pa. Stat. Ann., Tit. 24, §§ 5601–09 (Supp. 1971): Pennsylvania statute authorized purchase of secular educational services from nonpublic schools, resulting in a similar entanglement. |
First Amendment | Establishment Clause; Free Exercise Clause |
| 1970 | North Carolina State Board of Education v. Swann, 402 U.S. 43 (1971) |
Civil Rights Law; Education Law | N.C. Gen. Stat. § 115-176.1 (Supp. 1969): An anti-busing law prohibited assignment based on race of any kind, which hindered the mandate of the Fourteenth Amendment. | Fourteenth Amendment | Equal Protection Clause |
| 1970 | Oregon v. Mitchell, 400 U.S. 112 (1970) |
Elections law | Voting Rights Act Amendments of 1970, Pub. L. No. 91-285, 84 Stat. 314: Lowered the voting age to 18 for state and local elections. | Article I, Section 4, Clause 1 | Time, Places, and Manner of Elections Clause |
| 1970 | Tilton v. Richardson, 403 U.S. 672 (1971) |
Education Law; Civil Rights Law | 20 U.S.C. § 754(b)(2) (1964): Enforcement section of the Higher Education Facilities Act suggested that at the end of 20 years, institutions of higher education could use federal funds for religious purposes. | First Amendment | Establishment Clause; Free Exercise Clause |
| 1970 | United States v. United States Coin & Currency, 401 U.S. 715 (1971) |
Tax Law | 26 U.S.C. § 7302: Asset forfeiture statute. | Fifth Amendment | Self-Incrimination Clause |
| 1970 | Wisconsin v. Constantineau, 400 U.S. 433 (1971) |
Civil Rights Law | Wis. Stat. § 176.26 (1967): Wisconsin statute provided that certain designated individuals could prevent the sale of alcohol to certain individual citizens without any notice or hearing process. | Fourteenth Amendment | Due Process Clause |
| 1969 | Baldwin v. New York, 399 U.S. 66 (1970) |
Criminal Law and Procedure | N.Y.C. Crim. Ct. Act § 40 (Supp. 1969): A New York statute declaring that all trial held in the New York City Criminal Court “shall be without a jury.” | Sixth Amendment; Fourteenth Amendment |
Right to Trial by Jury |
| 1969 | Goldberg v. Kelly, 397 U.S. 254 (1970) |
Workers’ Compensation and Social Security; Government Operations | 18 CRR-NY 351.26(b): The New York City Department of Social Services promulgated Procedure No. 68-18, which halted aid immediately after the reviewing official affirmed the determination of ineligibility. The applicant was then notified of their ineligibility for welfare via a letter and not provided the opportunity to be heard prior to the termination of aid. | Fourteenth Amendment | Due Process Clause |
| 1969 | Hadley v. Junior College District, 397 U.S. 50 (1970) |
Election Law | Mo. Rev. Stat. § 178.20 (Cum. Supp. 1967): A Missouri statute setting out how trustees are to be apportioned among the separate school districts. Briefly, the statutes provides that :if no one or more of the component school districts has [33.33%] or more of the total enumeration of the junior college district, then all six trustees are elected at large. If, however, one or more districts has between [33.33%] and 50% of the total enumeration, each such district elects two trustees and the rest are elected at large from the remaining districts. Similarly, if one district has between 50% and [66.66%] of the enumeration it elects three trustees, and if one district has more than [66.66%] it elects four trustees.” Therefore, the statute “necessarily results in a systematic discrimination against voters in more populous school districts because whenever a large district’s percentage of the total enumeration falls within a certain percentage range it is always allocated the number of trustees corresponding to the bottom of that range.” Moreover, “unless a particular large district has exactly [33.33%], 50%, or [66.66%] of the total enumeration it will always have proportionally fewer trustees than the small districts.” | Fourteenth Amendment | Equal Protection Clause |
| 1969 | In re Winship, 397 U.S. 358 (1970) |
Criminal Law and Procedure | N.Y. Family Court Act § 744(b): A New York statute that provided for a finding of guilt by preponderance of the evidence for an act that, if done by an adult, would have constituted the crime of larceny. | Fourteenth Amendment | Due Process Clause |
| 1969 | Phoenix v. Kolodziejski, 399 U.S. 204 (1970) |
Election Law; Government Contracts | Ariz. Const., art. 7, § 13 & art. 9, § 8; Ariz. Rev. Stat. Ann. §§ 9-523, 35-452 (1956); § 35-455 (Supp. 1969): An Arizona constitutional and statutory provision that limits the right to vote on general obligation bonds to qualified voters who are also real property taxpayers. | Fourteenth Amendment | Equal Protection Clause |
| 1969 | Schacht v. United States, 398 U.S. 58 (1970) |
Military and Veterans Law | 10 U.S.C. § 772(f): This provision of the U.S. Code states: “While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.” The Court limited their holding to the emphasized portion, striking it as unconstitutional. The Court reasoned that, when this portion of § 772(f) is read together with 18 U.S.C. § 702, which made it a crime for any person without authority to wear any uniform of the United States military, the effect is a violation of an actor’s constitutional right “to say things that tend to bring the military into discredit or disrepute.” | First Amendment | Free Speech Clause |
| 1969 | Turner v. Fouche, 396 U.S. 346 (1970) |
Election Law; Government Operations | Ga. Const., art. VIII, § V, para. I; Ga. Code Ann. § 2-6801 (1948): A Georgia statute that limited membership on the county board of education to freeholders, or persons that owned real estate. | Fourteenth Amendment | Equal Protection Clause |
| 1969 | Williams v. Illinois, 399 U.S. 235 (1970) |
Criminal Law and Procedure | Ill. Rev. Stat. ch. 38, § 1-7(k): An Illinois statute that required a defendant, in default of the payment of the fine and court costs at the expiration of the one year sentence in connection with a petty theft conviction, to remain in jail to “work off” the monetary obligations at a rate of $5 per day. | Fourteenth Amendment | Equal Protection Clause |
| 1968 | Brandenburg v. Ohio, 395 U.S. 444 (1969) |
Criminal Law | Ohio Criminal Syndicalism Act (Ohio Rev. Code Ann. § 2923.13): Ohio law that made it unlawful to advocate for criminal activity or methods of terrorism or to voluntarily assemble with any group to teach or advocate doctrines of syndicalism. | First Amendment; Fifteenth Amendment |
Free Exercise Clause |
| 1968 | Cipriano v. City of Houma, 395 U.S. 701 (1969) |
Election Law, Government Contracts | La. Rev. Stat. § 39:501 (1950): A Louisiana statute that limited the municipalities’ power to issue revenue bonds so that bonds could only be issued if they were approved by a “majority in number and amount of the [Louisiana] property taxpayers qualified to vote” and who vote at the bond election. | Fourteenth Amendment | Equal Protections Clause |
| 1968 | Epperson v. State of Arkansas, 393 U.S. 97 (1968) |
Education Law, Criminal Law | Ark. Code Ann. §§ 80-1627, 80-1628 (Repl. Vol. 1960): Arkansas’s “anti-evolution” statute prohibiting “teach[ing] the theory or doctrine that mankind ascended or descended from a lower order of animals,” or using a textbook that propounds this theory, in any state-funded school or university. | First Amendment; Fourteenth Amendment |
Due Process Clause, Freedom of Religion |
| 1968 | Hadnott v. Amos, 394 U.S. 358 (1969) |
Election Law | Ala. Code, Tit. 17, § 274 (1958): Read to allow white candidates to file needed committees before election, but not POC candidates and disqualified them from the election. | First Amendment; Fifteenth Amendment |
Free Exercise Clause, Right to Vote |
| 1968 | Hunter v. Erickson, 393 U.S. 385 (1969) |
Election Law | Akron, Ohio, Ordinance No. 873 (1964), amended by Akron, Ohio, Ordinance No. 926 (1964): “Any ordinance enacted by the Council of The City of Akron which regulates [housing] . . . on the basis of race, color, religion, national origin or ancestry must first be approved by a majority of the electors . . . before said ordinance shall be effective.” However, most other ordinances “remained subject to the general rule: the ordinance would become effective 30 days after passage by the City Council, or immediately if passed as an emergency measure, and would be subject to referendum only if 10% of the electors so requested by filing a proper and timely petition.” | Fourteenth Amendment | Equal Protections Clause |
| 1968 | Jenkins v. McKeithen, 395 U.S. 411 (1969) |
Criminal Law | Act No. 2 (1967); La. Rev. Stat. 22:880.1–23:880.18 (Supp. 1969): A Louisiana statute that created the Louisiana Labor-Management Commission of Inquiry to “the investigation and findings of facts relating to violations or possible violations of criminal laws of the state of Louisiana or of the United States arising out of or in connection with matters in the field of labor-management relations” and make those findings a matter of public record. | Fourteenth Amendment | Due Process Clause, Equal Protections Clause |
| 1968 | Kirkpatrick v. Preisler, 394 U.S. 526 (1969) |
Election Law | Mo. Rev. Stat., c. 128 (Cum. Supp. 1967): Missouri 1967 congressional redistricting statute that had extreme differences in population district to district | Article I, Section 2 | Equal Representation |
| 1968 | Kramer v. Union Free School District No. 15, 395 U.S. 621 (1969) |
Education Law, Election Law | N.Y. Educ. Laws §§ 2553(2), (4) (1953), as amended (Supp. 1968): Requiring those who vote in board of education elections to own or lease taxable property within the school district, or be the parent and/or guardian of a student who attends the school district. | Fourteenth Amendment | Equal Protections Clause |
| 1968 | Leary v. United States, 395 U.S. 6 (1969) |
Criminal Law | Marihuana Tax Act of 1937, ch. 553, 50 Stat. 551; 26 U.S.C. §§ 4741, 4744, 4751, 4753: Imposed a tax on the transfer of marijuana, rendered unlawful the possession of marijuana by a person who had failed to pay the tax imposed by § 4741, imposed a special occupational tax on persons engaging in transactions involving marijuana, and provided for the registration of persons subject to the special occupational tax imposed by § 475.
Narcotic Control Act of 1956, ch. 629, § 106, 70 Stat. 567, 570, amending Narcotic Drugs Import and Export Act, ch. 100, § 2(h), 35 Stat. 614 (1909): Imposes a criminal punishment upon every person who “knowingly, with intent to defraud the United States, imports or brings into the United States marihuana contrary to law . . . , or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such marihuana after being imported or brought in, knowing the same to have been imported or brought into the United States contrary to law . . . .” Section 176a also creates a presumption that, “whenever on trial for a violation of this subsection, the defendant is shown to have or to have had the marihuana in his possession, such possession shall be deemed sufficient evidence to authorize conviction unless the defendant explains his possession to the satisfaction of the jury.” |
Fifth Amendment | Due Process Clause |
| 1968 | Moore v. Ogilvie, 394 U.S. 814 (1969) |
Election Law | Ill. Rev. Stat., c. 46, § 10-3: Illinois statute requiring at least 25,000 signatures (at least 200 signatures from each of the 50 counties) from qualified voters to get a candidate from a new political party on the ballot. | Fourteenth Amendment | Due Process Clause, Equal Protections Clause |
| 1968 | Shapiro v. Thompson, 394 U.S. 618 (1969) |
Civil Rights Law, Pension and Benefits Law | Conn. Gen. Stat. § 17-2d (Supp. 1965); D.C. Code § 3-203 (1967); 62 Pa. Const. Stat. § 432(6) (1968); 76 Stat. 914: Connecticut, Pennsylvania, and the District of Columbia statutory provisions that required, as a prerequisite for the receipt of social security benefits in their respective states, that applicants for aid through the Aid to Families with Dependent Children program have resided in their respective states for at least one year prior to date of filing their application for benefits. | Fifth Amendment; Fourteenth Amendment |
Equal Protections Clause, Due Process Clause |
| 1968 | Shuttlesworth v. City of Birmingham, Ala, 394 U.S. 147 (1969) |
Civil Rights Law | General Code of Birmingham § 1159: An ordinance that required a permit be submitted to the commission to march in any parade or public demonstration. The commission could deny any permit if “in its judgment the public welfare, peace, safety, health, decency, good order, morals or convenience require that it be refused.” | First Amendment | Free Exercise Clause |
| 1968 | Sniadach v. Family Finance Corp. of Bay View, 395 U.S. 337 (1969) |
Civil Procedure, Labor and Employment | Wis. Stat. § 267.07(1): Wisconsin garnishment statute allowing the freezing of a defendant’s wages until trial and final decision of suit on the merits. | Fourteenth Amendment | Due Process Clause |
| 1968 | Stanley v. Georgia, 394 U.S. 557 (1969) |
Criminal Law | Ga. Code Ann. § 26-301 (Supp. 1968): Barring private possession of obscene matter. | First Amendment | Free Speech Clause |
| 1968 | Wells v. Rockefeller, 394 U.S. 542 (1969) |
Election Law | N.Y. Laws 1968, c. 8: New York law that sectioned off voting districts in disproportionate regions. | Article I, Section 2; Fourteenth Amendment |
Equal Representation |
| 1968 | WHYY, Inc. v. Borough of Glassboro, 393 U.S. 117 (1968) |
Tax Law | New Jersey statute denying tax exemption to foreign nonprofit corporations owning property in state on sole ground that such corporations had not been incorporated in New Jersey. | Fourteenth Amendment | Equal Protections Clause |
| 1968 | Williams v. Rhodes, 393 U.S. 23 (1968) |
Election Law | Ohio Rev. Code § 3517.01: Several provisions of the Ohio election laws that placed substantial burdens on any party that did not identify as Republican or Democrat to qualify for a place on the state ballot to choose electors pledged to particular candidates for President. | Fourteenth Amendment | Equal Protections Clause |
| 1967 | Avery v. Midland County, 390 U.S. 474 (1968) |
Elections Law | Vernon’s Ann. Tex. Civ. St. arts. 1269k, § 23a, 1677, 2351, 2766, 4492: Midland, County Texas districting statute apportioned general governmental powers over an entire geographic area among single-member districts of substantially unequal population. | Fourteenth Amendment | Equal Protection Clause |
| 1967 | Interstate Circuit v. City of Dallas, 390 U.S. 676 (1968) |
Advertising, Publishing and Communications Law; Civil Rights Law | Revised Code of Civil and Criminal Ordinances of the City of Dallas, Chapter 46A (1960): Required that motion picture exhibitors file with and seek approval from a Motion Picture Classification Board which then classifies the film as suitable or not for children. The ordinance required a specific license for films not suitable for children, and imposed misdemeanor penalties for non-compliance. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1967 | Lee v. Washington, 390 U.S. 333 (1968) |
Civil Rights Law | Code of Ala., Title 45, §§ 4, 52, 121, 122, 123, 172 & 183 (1958): Statutes provided for racial segregation in state prisons and jails. | Fourteenth Amendment | Equal Protection Clause |
| 1967 | Pope v. United States, 392 U.S. 651 (1968) |
Criminal Law and Procedure | Federal Bank Robbery Act, 18 U.S.C. § 2113(e): Act imposed death penalty for bank robberies. | Fifth Amendment; Sixth Amendment |
Due Process Clause; Impartial Jury Clause |
| 1967 | Rabeck v. New York, 391 U.S. 462 (1968) |
Criminal Law and Procedure | New York Penal Law, Consol. Laws, c. 40, § 484-i: Repealed statute prohibiting the sale of magazines “which would appeal to the lust of persons under the age of eighteen . . . .” | Fourteenth Amendment | Due Process Clause |
| 1967 | Teitel Film Corp. v. Cusack, 390 U.S. 139 (1968) |
Civil Rights Law | Chicago Motion Picture Censorship Ordinance: Ordinance required that those seeking to show films submit them to a Superintendent for a permit before exhibiting any film, a review and appeal process that lasted 50 to 57 days. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1967 | United States v. Jackson, 390 U.S. 570 (1968) |
Criminal Law and Procedure | Portion of the Federal Kidnaping Act, 18 U.S.C. § 1201(a): Authorized the death penalty as a punishment “if the verdict of the jury shall so recommend,” and not in the case of a plea bargain. | Fifth Amendment; Sixth Amendment |
Due Process Clause; Impartial Jury Clause |
| 1967 | United States v. Robel, 389 U.S. 258 (1967) |
Civil Rights Law | Subversive Activities Control Act of 1950, § 5(a)(1)(D), 64 Stat. 992: Statute prohibited anyone who was a member of a registered Communist-action organization from working in any defense facility. | First Amendment | Free Speech Clause |
| 1967 | Whitehill v. Elkins, 389 U.S. 54 (1967) |
Civil Rights Law | Ober Act §§ 1, 13 (Art. 85A, Md. Ann. Code, 1957): Maryland law that requires teachers to take an oath certifying that he or she was not engaged in any attempt to overthrow, by force or violence, the U.S. or Maryland governments under penalty of perjury. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1967 | Witherspoon v. Illinois, 391 U.S. 510 (1968) |
Criminal Law and Procedure | Ill. Rev. Stat., c. 38, § 743 (1959): Statute providing that a juror’s “conscientious scruples against capital punishment” in trials for murder constitutes a for cause challenge. | Sixth Amendment; Fourteenth Amendment |
Due Process Clause; Impartial Jury Clause |
| 1966 | Afroyim v. Rusk, 387 U.S. 253 (1967) |
Civil Rights Law; Immigration Law | 8 U.S.C. § 1481: United States citizen shall lose their citizenship if they vote in a foreign political election | Fifth Amendment; Fourteenth Amendment |
Citizenship Clause; Due Process Clause |
| 1966 | Berger v. New York, 388 U.S. 41 (1967) |
Criminal Law and Procedure | N.Y. Code Crim. Proc. § 813(a): Allows for “issuance of the order, or warrant for eavesdropping, upon the oath of the attorney general, the district attorney or any police officer above the rank of sergeant stating that ‘there is reasonable ground to believe that evidence of crime may be thus obtained’.” Berger v. New York, 388 U.S. 41, 54 (1967). | Fourth Amendment; Fourteenth Admenment |
Due Process Clause; Right of Privacy |
| 1966 | Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523 (1967) |
Criminal Law and Procedure | Ca. Housing Code § 503: Authorizes City employees to enter any building or structure provided they have the proper credentials and it is at a reasonable time. | Fourth Amendment; Fourteenth Admenment |
Due Process Clause; Warrant Clause |
| 1966 | Keyishian v. Board of Regents of University of State of New York, 385 U.S. 589 (1967) |
Education Law | N.Y. Educ. § 3021-02(2) & N.Y. Civ. Serv. §§ 105 (1)–(3): New York statutory scheme requiring the removal of professors at public universities for “treasonable or seditious udderances or acts.” | First Amendment | Free Speech Clause |
| 1966 | Loving v. Virginia, 388 U.S. 1 (1967) |
Civil Rights Law; Family Law | Va. Code Ann. §20-58, 20-59 (1960): Virginia statutory code prohibiting interracial marraiges. | Fourteenth Amendment | Due Process Clause; Equal Protection Clause |
| 1966 | National Bellas Hess, Inc. v. Department of Revenue of State of Illinois, 386 U.S. 753 (1967) |
Tax Law | Ill. Rev. Stat. c. 120, §§ 439(2)–(3) (1965): Requires any business advertising in Illonois to pay taxes to Illonois, regardless of where they are incorporated or do business. | Fourteenth Amendment | Commerce Clause; Due Process Clause |
| 1966 | Reitman v. Mulkey, 387 U.S. 369 (1967) |
Civil Rights Law; Real Property Law | Cal. Const. art I, § 26: “Neither the State nor any subdivision or agency thereof shall deny, limit or abridge, directly or indirectly, the right of any person, who is willing or desires to sell, lease or rent any part or all of his real property, to decline to sell, lease or rent such property to such person or persons as he, in his absolute discretion, chooses.” Real Property is limited to residential property not owned by the state. Allowed for termination of lease based on racial considerations. | Fourteenth Amendment | Due Process Clause |
| 1966 | Swann v. Adams, 385 U.S. 440 (1967) |
Elections Law | Fla. Stat. Ann. §§ 1(1)–(2): Florida reapportinment plan where “senate districts ranged from 15.09% overrepresented to 10.56% underrepresented with the ratio between the largest and smallest district being 1.30 to 1 and by which the house districts ranged from 18.28% overrepresented to 15.27% underrepresented with a radio of 1.41:1 between the largest and smallest districts, without adequate explanation as to reasons for the large deviations” | Fourteenth Amendment | Equal Protection Clause |
| 1966 | Washington v. Texas, 388 U.S. 14 (1967) |
Criminal Law and Procedure | Vernon’s Ann. Tex. Pen.Code, Art. 82: Prohibits principles, accessories, or accomplices from being introduced as witnesses for one another. | Sixth Amendment; Fourteenth Amendment |
Confrontation Clause; Due Process Clause |
| 1965 | Albertson v. Subversive Activities Control Board, 382 U.S. 70 (1965) |
Criminal Law and Procedure | Subversive Activities Control Act of 1950, § 13(a), 64 Stat. 993–94, 50 U.S.C. § 786(d)(4) (1964): A provision of the Subversive Activities Control Act that allowed the Attorney General, after determining that a person was a member of the Communist Party, to order that the person register as such. | Fifth Amendment | Due Process Clause |
| 1965 | Elfbrandt v. Russell, 384 U.S. 11 (1966) |
Government Operations | Ariz. Rev. Stat. § 38-231 (1965 Supp.): An Arrizona statute that required state employees to take an oath and subjecting them to prosecution for perjury and discharge if they knowingly and willingly became a member of the communist party or of any other organizaiton where one of the organization’s purposes was to promote the overthrow of the government of Arizona. | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1965 | Giaccio v. Pennsylvania, 382 U.S. 399 (1966) |
Criminal Law and Procedure | Act of March 31, 1860, Pub. L. No. 427, § 62; Pa. Stat. Ann., Tit. 19, § 1222: A Pennsylvania statute that allowed a jury to decide to impose the costs of the prosecution on the defendant and, upon that determination, permitted the court to sentence the defendant to that effect and order that the defendant be committed to jail until the costs are paid. | Fourteenth Amendment | Due Process Clause |
| 1965 | Harper v. Virginia State Board of Elections, 383 U.S. 663 (1965) |
Elections Law | Va. Const. §§ 18, 20, 21, 173: A Virginia poll tax scheme that imposed a tax upon on every resident of the State 21 years of age and over as a prerequisite for voting. | Fourteenth Amendment | Equal Protection Clause |
| 1965 | Mills v. Alabama, 384 U.S. 214 (1966) |
Criminal Law and Procedure | Alabama Corrupt Practices Act § 285; Ala. Code, 1940, Tit. 17, §§ 268–86: An Alabama law that makes it a crime “to do any electioneering or to solicit any votes . . . in support of or in opposition to any proposition that is being voted on on the day on which the election affecting such candidates or propositions is being held.” | First Amendment; Fourteenth Amendment |
Free Speech Clause |
| 1965 | Rinaldi v. Yeager, 384 U.S. 305 (1966) |
Criminal Law and Procedure | N.J. Stat. Ann. § 2A: 152-18 (1964 Cum. Supp.): A New Jersey statute that imposed a duty to repay the costs associated with filing unsuccesssful appeals on incarcerated appellants, but did not impose a similar requirement on appellants who were not incarcerated. | Fourteenth Amendment | Equal Protection Clause |
| 1965 | United States v. Romano, 382 U.S. 136 (1965) |
Criminal Law and Procedure | 26 U.S.C. § 5601(b)(1): Particular section of a federal statute governing spirits provided that “[w]henever on trial for violation of subsection (a)(1) the defendant is shown to have been at the site or place where, and at the time when, a still or distilling apparatus was set up without having been registered, such presence of the defendant shall be deemed sufficient evidence to authorize conviction, unless the defendant explains such presence to the satisfaction of the jury (or of the court when tried without jury).” | Fifth Amendment | Due Process Clause |
| 1964 | Carrington v. Rash, 380 U.S. 89 (1965) |
Elections Law | Tex. Const., art. IV, § 2: Texas constitutional provision prohibiting any member of the Armed Forces who moves to Texas during military duty from voting in any election in Texas while he or she is a member of the Armed Forces. | Fourteenth Amendment | Equal Protection Clause |
| 1964 | Cox v. Louisiana, 379 U.S. 536 (1965) |
Criminal Law and Procedure | La. Stat. Ann. § 14:103.1: Louisiana disturbing the peace statute interpreted by the Louisiana Supreme Court in a way that criminalizes peacefully expressing unpopular views. | First Amendment | Free Association Clause; Free Speech Clause |
| 1964 | Dombrowski v. Pfister, 380 U.S. 479 (1965) |
Criminal Law and Procedure | La. Stat. Ann. §§ 14:359(5), 14:364(7): Louisiana statute defining subversive organization and making it a criminal offense to fail to register as a member of a subversive organization. | First Amendment | Free Speech Clause |
| 1964 | Freedman v. Maryland, 380 U.S. 51 (1965) |
Advertising, Publishing and Communications Law | Md. Ann. Code, 1957, art. 66A: Maryland statute requiring submission of film to Maryland State Board of Censors prior to exhibition. | First Amendment | Free Speech Clause |
| 1964 | Garrison v. Louisiana, 379 U.S. 64 (1964) |
Advertising, Publishing and Communications Law; Criminal Law and Procedure | La. Stat. Ann. §§14:47-14:49: Louisiana statutes allowing criminal punishment for true statements made with ill-will and for false statements against public officials without regard to defendants knowledge of falsity or reckless disregard for falsity of statement. | First Amendment | Free Speech Clause |
| 1964 | Griswold v. Connecticut, 381 U.S. 479 (1965) |
Healthcare Law; Criminal Law and Procedure | Conn. Gen. Stat. §§ 53-32, 54-196: Connecticut statute prohibiting the use of contraceptives. | Fourteenth Amendment | Due Process Clause |
| 1964 | Harman v. Forssenius, 380 U.S. 528 (1965) |
Elections Law | Va. Code. Ann. § 24-17.2 (1964 Supp.): Virginia statute requiring that one must pay a poll tax or file a witnessed or notarized certificate of residence in order to vote in federal elections. | Twenty-Fourth Amendment | Poll Tax Clause |
| 1964 | Lamont v. Postmaster General of United States, 381 U.S. 301 (1965) |
Government Operations | 39 U.S.C. § 4008(a): Federal law requiring mail that is printed or prepared in a foreign country and determined to be “communist political propaganda” to be detained by the Postmaster General and delivered only after the addressee requests that it be delivered. | First Amendment | Free Speech Clause |
| 1964 | Louisiana v. United States, 380 U.S. 145 (1965) |
Elections Law | La. Acts 1960, No. 613 (amending La. Const. Art. VIII, s 1(d) and previously implemented in La. Stat. Ann. § 18:36): Louisiana constitutional provision that required that applicant attempting to register to vote must be able to “give a reasonable interpretation” of any section of the State or Federal Constitution. | Fifteenth Amendment | Right to Vote Clause |
| 1964 | McLaughlin v. State of Florida, 379 U.S. 184 (1964) |
Criminal Law and Procedure | Fla. Stat. § 798.05: A Florida statute making it illegal for a black man and white woman or white man and black woman to “habitually live in and occupy in the nighttime the same room” if they are not married. | Fourteenth Amendment | Equal Protection Clause |
| 1964 | United States v. Brown, 381 U.S. 437 (1965) |
Labor and Employment Law | 29 U.S.C. § 504: Federal law making it illegal for a member of the Communist Party to serve as an officer or employee of a labor union. | Article I, Section 9, Clause 3 | Bill of Attainder Clause |
| 1963 | Anderson v. Martin, 375 U.S. 399 (1964) |
Elections Law | La. Rev. Stat. § 18:1174.1: Louisiana statute requiring that the nomination papers and ballots designate the race of candidates for elective office in all primary, general, and special elections. | Fourteenth Amendment | Equal Protection Clause |
| 1963 | Aptheker v. Secretary of State, 378 U.S. 500 (1964) |
Criminal Law and Procedure | Subversive Activities Control Act of 1950, § 6, 64 Stat. 993 (codified at 50 U.S.C. § 785): Federal statute making it illegal for a member of a communist organization to apply for, renew, use, or attempt to use a passport. | Fifth Amendment | Due Process Clause |
| 1963 | Baggett v. Bullitt, 377 U.S. 360 (1964) |
Education Law; Labor and Employment Law | Wash. Laws 1931, c. 103: Washington law requiring teachers to swear an oath to the federal and state constitution.
Wash. Laws 1955, c. 377: Washington law requiring all state employees to take an oath declaring that they were not a “subversive person” as defined by the act. |
First Amendment | Free Speech Clause |
| 1963 | Chamberlin v. Dade County Board of Public Instruction, 377 U.S. 402 (1964) |
Education Law | Fla. Stat. (1961) § 231.09: Florida statute authorizing school prayer and devotional bible reading in Dade County Public School | First Amendment | Establishment Clause |
| 1963 | Davis v. Mann, 377 U.S. 678 (1964) |
Elections Law | Va. Code § 24-14: Virginia statute apportioning districts for the Virginia Senate where 41.1% of the State’s population lives in districts electing a majority of the Senators and Virginia House of Delegates where 40.5% of the State’s population lives in districts electing a majority of the Delegates. | Fourteenth Amendment | Equal Protection Clause |
| 1963 | Department of Revenue v. James B. Beam Distilling Co., 377 U.S. 341 (1964) |
Tax Law | Ky. Rev. Stat. Ann. § 243.680(2)(a): Kentucky statute that requires all persons who import whiskey to first obtain a permit and pay a tax on the amount of alcohol in each shipment. | Article I, Section 10, Clause 2 | Export Clause |
| 1963 | Griffin v. County School Board of Prince Edward County, 377 U.S. 218 (1964) |
Education Law | Prince Edward County School Board decision to close public schools while contributing financial support to private segregated schools. | Fourteenth Amendment | Equal Protection Clause |
| 1963 | Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S. 713 (1964) |
Elections Law | Colo. Const., art. 5, §§ 45–48 (as adopted in 1962, amend. No. 7, Laws 1963, p. 1045), Colo. Rev. Stat. §§ 63–1–1 to 63–1–6 (1953): Colorado statutes apportioning the state Senate that had extreme departures from population-based representation. | Fourteenth Amendment | Equal Protection Clause |
| 1963 | Maryland Committee for Fair Representation v. Tawes, 377 U.S. 656 (1964) |
Elections Law | Md. Ann. Code (1962 Supp.), art. 40, § 42: Maryland statute that had “gross disparities from population-based representation in the apportionment of seats in the Maryland Senate.” | Fourteenth Amendment | Equal Protection Clause |
| 1963 | Polar Ice Cream & Creamery Co. v. Andews, 375 U.S. 361 (1964) |
Food and Drug Law | Fla. Stat. § 501, Florida Milk Commission’s Rule 220—1.05: Florida statute and related orders of the Milk Commission requiring that a substantial share of the local milk market be reserved for local producers. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1963 | Reynolds v. Sims, 377 U.S. 533 (1964) |
Elections Law | Alabama Reapportionment Act of 1962, Alabama House Bill No. 59, Act No. 91, Acts of Alabama, Special Session, 1962, p. 121 and Proposed Constitutional Amendment No. 1 of 1962, Alabama Senate Bill No. 29, Act No. 93, Acts of Alabama, Special Session, 1962, p. 124: Alabama statutes that failed to apportion legislative seats based on population. | Fourteenth Amendment | Equal Protection Clause |
| 1963 | Roman v. Sincock, 377 U.S. 695 (1964) |
Elections Law | Del. Const. Art II, § 2 (1897), as amended in 1963: Delaware constitutional provisions that provided for two-thirds of the state Senate to be elected by 31% of the state’s residents. | Fourteenth Amendment | Equal Protection Clause |
| 1963 | Schneider v. Rusk, 377 U.S. 163 (1964) |
Immigration Law | Immigration and Nationality Act of 1952, § 352(a)(1), 66 Stat. 163, 269 (codified at 8 U.S.C. §§ 1101, 1484): Federal statute providing for denationalization of naturalized citizens who reside continuously in the country of their birth or former nationality for three years. | Fifth Amendment | Due Process Clause |
| 1963 | Wesberry v. Sanders, 376 U.S. 1 (1964) |
Elections Law | Ga. Code § 34-2301 (1931): Georgia statute creating congressional districts where one district had twice the population of the average congressional district in the state. | Article I, Section 2, Clause 1 | House of Representatives Clause |
| 1963 | WMCA, Inc. v. Lomenzo, 377 U.S. 633 (1964) |
Elections Law | McKinney’s N.Y.Laws, 1952 (Supp.1963), State Law, §§ 120—124: New York statute that failed to apportion legislative districts sufficiently on a population basis. | Fourteenth Amendment | Equal Protection Clause |
| 1962 | Bantam Books, Inc. v. Sullivan, 372 U.S. 58 (1963) |
Civil Rights Law | Rhode Island Legislature’s Resolution 73: Created a Rhode Island Commission to Encourage Morality in Youth, and charged it with “the duty” to educate the public regarding obscene books, and to “investigate and recommend the prosecution of all violators . . . .” | First Amendment; Fourteenth Amendment | Free Speech Clause |
| 1962 | Gideon v. Wainwright, 372 U.S. 335 (1963) |
Criminal Law and Procedure | Florida state law authorizing the court to appoint council to a defendant only when they are charged with a capital offense. | Sixth Amendment, Fourteenth Amendment | Right to Counsel |
| 1962 | Good v. Board of Education of Knoxville, 373 U.S. 683 (1963) |
Civil Rights Law | Transfer clauses for school desegregation plans in two Tennessee localities allowed students to request transfer for good cause. Good cause for purposes of the plans considered only racial factors. | Fourteenth Amendment | Equal Protection Clause |
| 1962 | Gray v. Sanders, 372 U.S. 368 (1963) |
Elections Law | Ga. Code Ann., § 34-3212, 34-3213 (1962): Voting scheme that gave every voter one vote, but counted the votes in a bracket system that weighted some rural votes more than some urban votes. | Fourteenth Amendment, Seventeenth Amendment, Nineteenth Amendment | Equal Protection Clause |
| 1962 | Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963) |
Civil Rights Law; Immigration Law | Immigration and Nationality Act of 1952, §§ 401(j), 349(a)(10): Imposed “automatic[]” forfeiture of citizenship without court or administrative proceedings on those citizens who left the country and remained overseas to evade the draft. | Fifth Amendment; Sixth Amendment | Due Process Clause; Right to Trial by Jury |
| 1962 | National Association for Advancement of Colored People v. Button, 371 U.S. 415 (1963) |
Civil Rights Law; Legal Ethics | Chapters 31, 32, 33, 35 and 36 of the Virginia Acts of Assembly, 1956 Extra Session; Chapter 33 prohibits “solicitation of legal business by a ‘runner’ or ‘capper,’” which the chapter defines as “an agent for an individual or organization which retains a lawyer in connection with an action to which it is not a party and in which it has no pecuniary right to liability.” | First Amendment; Fourteenth Amendment | Free Speech Clause |
| 1962 | Peterson v. Greenville, 373 U.S. 244 (1963) |
Civil Rights Law | Greenville City Ordinance provided, “[it] shall be unlawful for any person owning, managing or controlling any hotel, restaurant, cafe, eating house, boarding house or similar establishment to furnish meals to white persons and colored persons in the sat room . . . .” | Fourteenth Amendment | Equal Protection Clause |
| 1962 | School Distrist of Abington Township v. Schempp, 374 U.S. 203 (1963) |
Civil Rights Law; Education Law | 24 Pa. Stat. § 15-1516, as amended, Pub. Law No. 1928 (Supp. 1960): Demanded that: “At least ten verses from the Holy Bible shall be read, without comment, at the opening of each public school on each school day. Any child shall be excused from such Bible reading, or attending such Bible reading, upon the written request of his parent or guardian.” Board of School Commissioners of Baltimore City adopted a rule pursuant to Art. 77, § 202 of the Annotated Code of Maryland instituting “the holding of opening exercises in the schools of the city, consisting primarily of the ‘reading, without comment, of a chapter in the Holy Bible and/or the use of the Lord’s Prayer.” | First Amendment; Fourteenth Amendment | Establishment Clause |
| 1962 | Willner v. Committee on Character & Fitness, 373 U.S. 96 (1963) |
Labor and Employment Law; Legal Ethics | N.Y. Jud. § 90: Admission to practice statutes not providing for a hearing in cases where the applicant was rejected. | Fifth Amendment, Fourteenth Amendment | Due Process Clause |
| 1961 | Cramp v. Board of Public Instruction, 368 U.S. 278 (1961) |
Government Operations | Fla. Stat. §§ 876.05, .06, .08: Provisions of a Florida statute requiring that all state government employees take an oath that they “have not and will not lend my aid, support, advice, counsel or influence to the Communist Party” by punishment of perjury and immediate discharge. | Fourteenth Amendment | Due Process Clause |
| 1961 | Engel v. Vitale, 370 U.S. 421 (1962) |
Civil Rights Law; Education Law | 18 Misc. 2d, at 671-672, 191 N.Y.S. 2d, at 468-469: A New York law that required all public school students to recite a prayer in the presence of their teacher at the beginning of each school day. | First Amendment; Fourteenth Amendment | Establishment Clause |
| 1961 | Robinson v. California, 370 U.S. 660 (1962) |
Criminal Law and Procedure | Cal. Health & Safety Code § 11721: A California statute that made it a criminal offense for someone to “be addicted to the use of narcotics.” | Eighth Amendment; Fourteenth Amendment | Cruel and Unusual Punishment Clause |
| 1960 | Bush v. Orleans Parish School Board, 364 U.S. 500 (1960) |
Education Law | Act 2 of the First Extraordinary Session of 1960, LSA-R.S. 49:801 et seq.: A Louisiana so-called “interposition” statute by which Louisiana declares that it will not recognize the Supreme Court’s decision in Brown v. Board of Education or the orders of this court issued pursuant to the mandate of that case. At issue in this case were 25 measures designed to halt, or at least forestall, the implementation of the Orleans Parish School Board’s announced desegregation proposal. | Fourteenth Amendment | Due Process Clause |
| 1960 | Ferguson v. Georgia, 365 U.S. 570 (1961) |
Criminal Law and Procedure | Ga. Code §§ 38-415, 38-416: Two Georgia statutes that retained the common law rule that persons “charged in any criminal proceeding” were incompetent to testify on their own behalf, but allowed the defendant to make an unsworn statement. | Fourteenth Amendment | Due Process Clause |
| 1960 | Gomillion v. Lightfoot, 364 U.S. 339 (1960) |
Elections Law | Local Act No. 140 (1957): An Alabama statute redefining the boundaries of the City of Tuskegee so that the shape of Tuskegee was altered from a square to an twenty-eight-sided figure. | Fifteenth Amendment | — |
| 1960 | Moses Lake Homes, Inc. v. Grant County, 365 U.S. 744 (1961) |
Tax Law | Wash. Rev. Code § 84.40.080: A Washington statute that provided for the taxation at the full value of all taxable leaseholds held by federal government but taxation of other property at 50 percent of fair market value. | Article VI, Section 1, Clause 2 | Supremacy Clause |
| 1960 | Shelton v. Tucker, 364 U.S. 479 (1960) |
Education Law; Labor and Employment Law | Act 10 of the Second Extraordinary Session of the Arkansas General Assembly of 1958: An Arkansas statute that prohibited the employment as a superintendent, principal or teacher in any public school in Arkansas, or as an instructor, professor or teacher in any public institution of higher learning in Arkansas, unless the person has first submitted an affidavit listing all organizations to which he at the time belongs and to which he has belonged during the past five years to the appropriate hiring authority. | First Amendment | Free Association Clause |
| 1960 | Torcaso v. Watkins, 367 U.S. 488 (1960) |
Elections Law; Government Operations | Article 37 of the Declaration of Rights of the Maryland Constitution: A Maryland statute that required a person seeking public office to declare their belief in the existence of God. | First Amendment; Fourteenth Amendment | Establishment Clause |
| 1959 | Phillips Chemical Co. v. Dumas Independent School District, 361 U.S. 376 (1960) |
Tax Law | Vernon’s Tex. Rev. Civ. Stat., 1948 (Supp. 1950), art. 5248 as amended Tex. Laws, 1st C. S. 1950, c. 37: A Texas statute that provided for taxation of leaseholds located on federal lands that was distinctly higher than the taxation of similarly situated lessees on exempt property owned by the state or its subdivisions under Art. 7173. | Article VI, Section 1, Clause 2 | Supremacy Clause |
| 1959 | Smith v. California, 361 U.S. 147 (1959) |
Civil Rights Law | L.A. Mun. Code § 41.01.1: A California ordinance that made it imposed strict criminal liability on any person who has “in his possession any obscene or indecent writing, [or] book . . . in any place of business where . . . books . . . are sold or kept for sale.” | First Amendment | Free Speech Clause |
| 1959 | Talley v. California, 362 U.S. 60 (1960) |
Civil Rights Law | L.A. Mun. Code § 28.06: A city ordinance that bars all handbills under all circumstances anywhere that do not have the names and addresses printed on them. | First Amendment; Fourteenth Amendment | Free Speech Clause |
| 1958 | Bibb v. Navajo Freight Lines, Inc., 359 U.S. 520 (1959) |
Transportation Law | Ill. Rev. Stats.1957, c. 95 1/2, § 218b: Illinois statute requiring that vehicles be “equipped with rear fender splash guards” in compliance with the statute while the vehicles are in operation on the highways of Illinois. | Article I, Section 8, Clause 3 | Commerce Clause |
| 1958 | Kingsley International Pictures Corp. v. Regents of University of New York, 360 U.S. 684 (1959) |
Education Law | McKinney’s Consol. N.Y. Laws § 122-a (Cum. Supp. 1958): New York Law prohibiting showing of motion picture without a license and defining motion pictures that can be barred to include films that presents “acts of sexual immorality . . . as desirable, acceptable or proper patterns of behavior.” | First Amendment; Fourteenth Amendment | Free Speech Clause |
