Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court

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  Supreme Court October Term Case Author(s) of Opinion Subject Matter(s) Federal or State Provision(s) Description of Unconstitutional Provision(s) Constitutional Provision(s) Invoked Constitutional Clause(s) Invoked
1 2016 Nelson v. Colorado,
137 S. Ct. 1249 (2017)
Ginsburg, Ruth Bader Criminal Law and Procedure State and Local 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. Colo. Rev. Stat. §§ 13–65– 101, 13–65–102, 13–65–103 (2016). U.S. Const. amend. XIV Due Process Clause
2 2016 Cooper v. Harris,
137 S. Ct. 1455 (2017)
Kagan, Elena Elections Law State and Local North Carolina plan redrawing two congressional districts. U.S. Const. amend. XIV Equal Protection Clause
3 2016 Sessions v. Morales-Santana,
137 S. Ct. 1678 (2017)
Ginsburg, Ruth Bader Immigration Law Federal 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 (8 U.S.C. § 1401(a)(7)) U.S. Const. amend. V Due Process Clause;
Equal Protection Clause
4 2016 Packingham v. North Carolina,
137 S. Ct. 1730 (2017)
Kennedy, Anthony Civil Rights Law State and Local 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.” N. C. Gen. Stat. Ann. §§ 14–202.5(a), (e). U.S. Const. amend. I Free Speech Clause
5 2016 Matal v. Tam,
137 S. Ct. 1744 (2017)
Alito, Samuel Trade Law Federal Disparagement Clause of the Lanham Act banning federal registration of trademarks that may be disparaging to persons or groups (15 U.S.C. § 1052(a)) U.S. Const. amend. I Free Speech Clause
6 2016 Trinity Lutheran Church of Columbia, Inc. v. Comer,
137 S. Ct. 2012 (2017)
Roberts, John Civil Rights Law;
Education Law
State and Local Missouri Department of Natural Resources policy excluding churches and other religious organizations from grant program for resurfacing playgrounds. U.S. Const. amend. I Free Exercise Clause
7 2016 Pavan v. Smith,
137 S. Ct. 2075 (2017)
Per Curiam State and Local Arkansas statute requiring name of mother's "husband" to be entered on birth certificate as father of child, if mother is married. Ark. Code §20–18–401 (2014). U.S. Const. amend. XIV Due Process Clause
8 2016 Pena-Rodriguez v. Colorado,
137 S. Ct. 855 (2017)
Kennedy, Anthony Civil Rights Law;
Criminal Law and Procedure
State and Local Colorado Rule of Evidence 606(b), prohibiting jurors from testifying about "any matter or statement occuring during the course of the jury's deliberations," "upon an inquiry into the validity of a verdict or indictment." U.S. Const. amend. VI Right to Trial by Jury
9 2015 Birchfield v. North Dakota,
136 S. Ct. 2160 (2016)
Alito, Samuel Civil Rights Law;
Criminal Law and Procedure
State and Local North Dakota statute imposing criminal penalties on a driver's refusal to consent to a blood test to determine driver's BAC. N. D. Cent. Code Ann. §§ 39-20-01(3)(a); 39-08-01(2). U.S. Const. amend. IV Search and Seizure Clause
10 2015 Whole Woman's Health v. Hellerstedt,
136 S. Ct. 2292 (2016)
Breyer, Stephen Civil Rights Law;
Healthcare Law
State and Local Texas statutes providing that physicians performing abortions must have admitting privileges at local hospital, Tex. Health & Safety Code Ann. §171.0031(a) (West Cum. Supp. 2015), and providing that abortion facilities must meet minimum standards for surgical centers, Tex. Health & Safety Code Ann. §245.010(a). U.S. Const. amend. XIV Due Process Clause
11 2015 Hurst v. Florida,
136 S. Ct. 616 (2016)
Sotomayor, Sonia Civil Rights Law;
Criminal Law and Procedure
State and Local Florida statute requiring judge to hold separate hearing to determine whether aggravating circumstances justified deatth penalty, and allowing judge to impose sentence based on judicial factfinding. Fla. Stat. § 775.082(1) (2010). U.S. Const. amend. VI Right to Trial by Jury
12 2014 Comptroller of the Treasury v. Wynne,
135 S. Ct. 1787 (2015)
Alito, Samuel Tax Law State and Local 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. Md. Tax-Gen. Code Ann. § §10-703 (2010). U.S. Const. art. I, § 8, cl. 3 Commerce Clause
13 2014 Zivotofsky v. Kerry,
135 S. Ct. 2076 (2015)
Kennedy, Anthony Government Operations Federal 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” (Pub. L. No. 107-228, § 214(d), 116 Stat. 1350, 1366 (2002)) U.S. Const. art. II, § 3;
U.S. Const. art. II, § 2, cl. 2
Reception Clause
14 2014 Reed v. Town of Gilbert,
135 S. Ct. 2218 (2015)
Thomas, Clarence Civil Rights Law State and Local 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. Gilbert, Ariz., Land Dev. Code, ch. 1, § 4.402 (2005). U.S. Const. amend. I Free Speech Clause
15 2014 Horne v. Department of Agriculture,
135 S. Ct. 2419 (2015)
Roberts, John Food and Drug Law Federal 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 (7 C.F.R. § 989.66) U.S. Const. amend. V Takings Clause
16 2014 City of Los Angeles v. Patel,
135 S. Ct. 2443 (2015)
Sotomayor, Sonia Civil Rights Law State and Local 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. Los Angeles Municipal Code § 41.49 (2015). U.S. Const. amend. IV Search and Seizure Clause
17 2014 Johnson v. United States,
135 S. Ct. 2551 (2015)
Scalia, Antonin Criminal Law and Procedure Federal Statute imposing an increased sentence under the residual clause of the Armed Career Criminal Act (18 U.S.C. § 924(e)(2)(B)) U.S. Const. amend. V Due Process Clause
18 2014 Obergefell v. Hodges,
135 S. Ct. 2584 (2015)
Kennedy, Anthony Civil Rights Law;
Family Law
State and Local Statutory and constitutional provisions of Michigan, Kentucky, Ohio, and Tennessee defining marriage as a union between one man and one woman. Mich. Const. art. I, § 25; Ky. Const. § 233A; Ohio Rev. Code Ann. § 3101.01 (Lexis 2008); Tenn. Const. art. XI, §18. U.S. Const. amend. XIV Due Process Clause
19 2013 McCutcheon v. Federal Election Commission,
134 S. Ct. 1434 (2014)
Roberts, John Elections Law Federal "Aggregate limits" provision of the Federal Election Campaign Act of 1971, as amended by the Bipartisan Campaign Reform Act of 2002, 2 U.S.C. § 441a(a)(3), restricting how much money a donor may contribute in total to all candidates or committees U.S. Const. amend. I Free Speech Clause
20 2013 Hall v. Florida,
134 S. Ct. 1986 (2014)
Kennedy, Anthony Civil Rights Law;
Criminal Law and Procedure
State and Local 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. Fla. Stat. § 921.137(1) (2013). U.S. Const. amend. VIII Cruel and Unusual Punishment Clause
21 2013 McCullen v. Coakley,
134 S. Ct. 2518 (2014)
Roberts, John Civil Rights Law State and Local 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. Mass. Gen. Laws, ch. 266, § 120E1/2(a), (b) (West 2000). U.S. Const. amend. I Free Speech Clause
22 2013 Harris v. Quinn,
134 S. Ct. 2618 (2014)
Alito, Samuel Labor and Employment Law State and Local 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." Ill. Comp. Stat., ch. 5, § 315/6(e). U.S. Const. amend. I Free Speech Clause
23 2012 Agency for International Development v. Alliance for Open Society International, Inc.,
133 S. Ct. 2321 (2013)
Roberts, John Healthcare Law Federal 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” (22 U.S.C. § 7631(f)) U.S. Const. amend. I Free Speech Clause
24 2012 Shelby County v. Holder,
133 S. Ct. 2612 (2013)
Roberts, John Elections Law Federal 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 (42 U.S.C. § 1973b(b)) U.S. Const. amend. XV
25 2012 United States v. Windsor,
133 S. Ct. 2675 (2013)
Kennedy, Anthony Civil Rights Law Federal Defense of Marriage Act § 3 amending the Dictionary Act to provide a federal definition of “marriage” as between one man and one woman (1 U.S.C. § 7) U.S. Const. amend. V Due Process Clause
26 2011 Coleman v. Court of Appeals,
566 U.S. 30 (2012)
Kennedy, Anthony Labor and Employment Law Federal 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 (29 U.S.C. §2612(a)(1)(D)) U.S. Const. amend. XI;
U.S. Const. amend. XIV, § 5
27 2011 Miller v. Alabama,
567 U.S. 460 (2012)
Kagan, Elena Civil Rights Law;
Criminal Law and Procedure
State and Local 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). U.S. Const. amend. VIII Cruel and Unusual Punishment Clause
28 2011 American Tradition Partnership v. Bullock,
567 U.S. 516 (2012)
Per Curiam Civil Rights Law;
Elections Law
State and Local 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.” Mont. Code Ann. §13-35-227(1) (2011). U.S. Const. amend. I Free Speech Clause
29 2011 National Federation of Independent Business v. Sebelius,
567 U.S. 519 (2012)
Roberts, John Healthcare Law Federal Patient Protection and Affordable Care Act provision mandating Medicaid coverage (42 U.S.C. § 1396c) U.S. Const. amend. X
30 2011 United States v. Alvarez,
567 U.S. 709 (2012)
Kennedy, Anthony Criminal Law and Procedure Federal Stolen Valor Act of 2005 penalizing any false claim of having been awarded a military decoration or medal (18 U.S.C. § 704) U.S. Const. amend. I Free Speech Clause
31 2010 Pepper v. United States,
562 U.S. 476 (2011)
Sotomayor, Sonia Criminal Law and Procedure Federal 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 (18 U.S.C. § 3742(g)(2)) U.S. Const. amend. VI Right to Trial by Jury
32 2010 Stern v. Marshall,
564 U.S. 462 (2011)
Roberts, John Bankruptcy Law Federal Statute expressly granting the bankruptcy court jurisdiction over certain claims (28 U.S.C. § 157(b)(2)(c)) U.S. Const. art. III, § 1
33 2010 Sorrell v. IMS Health Inc.,
564 U.S. 552 (2011)
Kennedy, Anthony Civil Rights Law State and Local "Vermont law restrict[ing] the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors. Vt. Stat. Ann., Tit. 18, § 4631 (Supp. 2010)." Id. at 557. U.S. Const. amend. I Free Speech Clause
34 2010 Arizona Free Enterprise Club's Freedom Club PAC v. Bennett,
564 U.S. 721 (2011)
Roberts, John Elections Law State and Local Arizona Citizens Clean Elections Act creating public financing system for elections that included matching funds provision. Ariz. Rev. Stat. Ann. § 16-952(A), (B), and (C)(4)-(5) (West 2006 and Supp. 2010). U.S. Const. amend. I Free Speech Clause
35 2010 Brown v. Entertainment Merchants Association,
564 U.S. 786 (2011)
Scalia, Antonin Civil Rights Law State and Local California statute prohibiting sale or rental of "violent video games" to minors. Cal. Civ. Code Ann. §§ 1746-1746.5 (West 2009). U.S. Const. amend. I Free Speech Clause
36 2009 Citizens United V. Federal Election Commission,
558 U.S. 310 (2010)
Kennedy, Anthony Elections Law Federal 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 (2 U.S.C. § 441b) U.S. Const. amend. I Free Speech Clause
37 2009 United States v. Stevens,
559 U.S. 460 (2010)
Roberts, John Criminal Law and Procedure Federal Statute criminalizing the commercial creation, sale, or possession of certain depictions of animal cruelty (18 U.S.C. § 48) U.S. Const. amend. I Free Speech Clause
38 2009 Free Enterprise Fund v. Public Company Accounting Oversight Board,
561 U.S. 477 (2010)
Roberts, John Business and Corporate Law Federal 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 (15 U.S.C. §§ 7211(e)(6), 7217(d)(3)) U.S. Const. art. II, § 1, cl. 1 Separation of Powers
39 2009 McDonald v. City of Chicago,
561 U.S. 742 (2010)
Alito, Samuel Civil Rights Law State and Local City of Chicago and Village of Oak Park prohibiting possession of most handguns. Chicago, Ill., Municipal Code § 8-20-040(a) (2009); Oak Park, Ill., Village Code §§ 27-2-1 (2007), 27-1-1 (2009). U.S. Const. amend. II
40 2008 Haywood v. Drown,
556 U.S. 729 (2009)
Stevens, John Civil Rights Law State and Local 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. N. Y. Correct. Law Ann. § 24 (West 1987). U.S. Const. art. VI Supremacy Clause
41 2008 Polar Tankers, Inc. v. City of Valdez,
557 U.S. 1 (2009)
Breyer, Stephen Tax Law State and Local City of Valdez, Alaska, ordinance imposing a personal property tax upon the value of large ships that travelled to and from that city. Valdez Ordinance No. 99-17 (1999). U.S. Const. art. I, § 10, cl. 3 Tonnage Clause
42 2007 Boumediene V. Bush,
553 U.S. 723 (2008)
Kennedy, Anthony Criminal Law and Procedure Federal 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 (28 U.S.C. § 2241(e)) U.S. Const. art. I, § 9, cl. 2 Suspension Clause
43 2007 Kennedy v. Louisiana,
554 U.S. 407 (2007)
Kennedy, Anthony Civil Rights Law;
Criminal Law and Procedure
State and Local Louisiana statute authorizing capital punishment for the rape of a child under 12 years of age. La. Stat. Ann. § 14:42 (West 1997 and Supp. 1998) U.S. Const. amend. VIII Cruel and Unusual Punishment Clause
44 2007 District of Columbia v. Heller,
554 U.S. 570 (2008)
Scalia, Antonin Civil Rights Law State and Local D.C. ordinance prohibiting possession of handguns, D.C. Code §§ 7-2501.01(12), 7-2502.01(a), 7-2502.02(a)(4) (2001), prohibiting carrying unlicensed handguns except with 1-year license issued by chief of police, D.C. Code §§ 22-4504(a), 22-4506 (2001), and requiring that lawfully owned firearms be kept unloaded, D.C. Code § 7-2507.02 (2001). U.S. Const. amend. II
45 2007 Davis v. Federal Election Commission,
554 U.S. 724 (2008)
Alito, Samuel Elections Law Federal 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 (2 U.S.C. § 441a-1(a), (b)) U.S. Const. amend. I Free Speech Clause
46 2006 Cunningham v. California,
549 U.S. 270 (2007)
Ginsburg, Ruth Bader Civil Rights Law;
Criminal Law and Procedure
State and Local California's Determinate Sentencing Law allowing judges to sentence defendants to higher terms based on judicial findings of aggravating facts. Cal. Penal Code § 1170(b) U.S. Const. amend. VI Right to Trial by Jury
47 2006 Parents Involved in Community Schools v. Seattle School District No. 1,
551 U.S. 701 (2007)
Roberts, John Civil Rights Law State and Local 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. U.S. Const. amend. XIV Equal Protection Clause
48 2005 Randall v. Sorrell,
548 U.S. 230 (2006)
Breyer, Stephen Civil Rights Law State and Local Vermont statute limiting amounts that individuals, corporations, and political committees, as well as candidates themselves, could contribute to campaigns for candidates for state office. Vt. Stat. Ann., Tit. 17, §§ 2801, 2805, 2809. U.S. Const. amend. I Free Speech Clause
49 2004 United States v. Booker,
543 U.S. 220 (2005)
Breyer, Stephen Criminal Law and Procedure Federal 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 (18 U.S.C. §§ 3553(b)(1), 3742(e)) U.S. Const. amend. VI Right to Trial by Jury
50 2004 Roper v. Simmons,
543 U.S. 551 (2005)
Kennedy, Anthony Civil Rights Law;
Criminal Law and Procedure
State and Local Missouri statutes providing that 17-year-olds were adults outside the jurisdiction of the juvenile court, Mo. Rev. Stat. §§ 211.021 (2000) and 211.031 (Supp. 2003), and allowing for the imposition of the death penalty, Mo. Rev. Stat. § 565.020.2 (2000). U.S. Const. amend. VIII Cruel and Unusual Punishment Clause
51 2004 Granholm v. Heald,
544 U.S. 460 (2005)
Kennedy, Anthony Business and Corporate Law;
Trade Law
State and Local Michigan statute allowing in-state wineries, but not out-of-state wineries, to apply for licenses to directly ship wine to Michigan consumers. Mich. Comp. Laws § 436.1113(9) (2001); §§ 436.1537(2)-(3); Mich. Admin. Code r.436.1011(7)(b) (2003). New York statute requiring out-of-state wineries to become licensed New York wineries before they could directly ship wine to New York consumers. N. Y. Alco. Bev. Cont. Law § 3(37) (McKinney 2005). U.S. Const. art. I, § 8, cl. 3 Commerce Clause
52 2004 Halbert v. Michigan,
545 U.S. 605 (2005)
Ginsburg, Ruth Bader Civil Rights Law;
Criminal Law and Procedure
State and Local Michigan statute providing that most indigent defendants who pled guilty, guilty but mentally ill, or nolo contendere would not have appellate counsel appointed. Mich. Comp. Laws Ann. § 770.3a (West 2000). U.S. Const. amend. XIV Due Process Clause;
Equal Protection Clause
53 2003 Mcconnell v. Federal Election Commission,
540 U.S. 93 (2003)
Stevens, John Elections Law Federal 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 (2 U.S.C. § 441b(b)(2)) U.S. Const. amend. I Free Speech Clause
54 2003 Blakely v. Washington,
542 U.S. 296 (2004)
Scalia, Antonin Civil Rights Law;
Criminal Law and Procedure
State and Local Washington statute allowing judges to impose higher sentences if they found substantial and compelling reasons justified upward departure. Wash. Rev. Code. Ann. § 9.94A.120(2) (2000). U.S. Const. amend. VI Right to Trial by Jury
55 2002 Virginia v. Black,
538 U.S. 343 (2003)
O'Connor, Sandra Day Civil Rights Law State and Local Virginia statute banning cross burning with "an intent to intimidate a person or group of persons." Va. Code Ann. § 18.2-423 (1996). U.S. Const. amend. I Free Speech Clause
56 2002 Gratz v. Bollinger,
539 U.S. 244 (2003)
Rehnquist, William Civil Rights Law;
Education Law
State and Local University of Michigan's undergraduate admissions policy awarding points based on applicant's race. U.S. Const. amend. XIV Equal Protection Clause
57 2002 American Insurance Association v. Garamendi,
539 U.S. 396 (2003)
Souter, David Insurance Law State and Local 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." Cal. Ins. Code Ann. §§ 13800-13807 (West Cum. Supp. 2003) U.S. Const. art. II Vesting Clause
58 2002 Lawrence v. Texas,
539 U.S. 558 (2003)
Kennedy, Anthony Civil Rights Law State and Local Texas statute criminalizing "deviate sexual intercourse with another individual of the same sex." Tex. Penal Code Ann. § 21.06(a) (2003). U.S. Const. amend. XIV Due Process Clause
59 2002 Stogner v. California,
539 U.S. 607 (2003)
Breyer, Stephen Civil Rights Law;
Criminal Law and Procedure
State and Local California statute allowing prosecution of certain crimes after the previously applicable period of limitations for those crimes had expired. Cal. Penal Code Ann. § 803(g)(3)(A) (West Supp. 2003).  U.S. Const. art. I, § 10, cl. 1 Ex Post Facto Clause
60 2001 Ashcroft, v. Free Speech Coalition,
535 U.S. 234 (2002)
Kennedy, Anthony Advertising, Publishing and Communications Law Federal 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 (18 U.S.C. § 2256(8)(B), (D)) U.S. Const. amend. I Free Speech Clause
61 2001 Thompson v. Western States Medical Center,
535 U.S. 357 (2002)
O'Connor, Sandra Day Advertising, Publishing and Communications Law;
Food and Drug Law
Federal 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 (21 U.S.C. § 353a) U.S. Const. amend. I Free Speech Clause
62 2001 Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton,
536 U.S. 150 (2001)
Stevens, John Civil Rights Law State and Local Village ordinance prohibiting people from entering private residential property to promote a cause without a permit. Stratton, Ohio, Ordinance No. 1998-5. U.S. Const. amend. I Free Speech Clause
63 2001 Atkins v. Virginia,
536 U.S. 304 (2002)
Stevens, John Civil Rights Law;
Criminal Law and Procedure
State and Local Virginia law failing to exempt mentally retarded defendants from imposition of death penalty. U.S. Const. amend. VIII
64 2001 Ring v. Arizona,
536 U.S. 584 (2002)
Ginsburg, Ruth Bader Civil Rights Law;
Criminal Law and Procedure
State and Local  Arizona statute requiring judge to make certain factual findings before sentencing criminal defendant to death. Ariz. Rev. Stat. Ann. § 13-703, 13-1105(C). U.S. Const. amend. VI Right to Trial by Jury
65 2001 Republican Party of Minnesota v. White,
536 U.S. 765 (2002)
Scalia, Antonin Civil Rights Law;
Legal Ethics
State and Local Minnesota's Code of Judicial Conduct prohibiting judicial candidates from announcing their "views on disputed legal or political issues." Minn. Code of Judicial Conduct, Canon 5(A)(3)(d)(i) (2000). U.S. Const. amend. I Free Speech Clause
66 2000 City of Indianapolis v. Edmond,
531 U.S. 32 (2000)
O'Connor, Sandra Day Civil Rights Law;
Criminal Law and Procedure
State and Local Indianapolice Police Department written directives implementing a highway checkpoint program that stopped vehicles to search for illegal narcotics. U.S. Const. amend. IV Search and Seizure Clause
67 2000 Board of Trustees of the University of Alabama v Garrett,
531 U.S. 356 (2001)
Rehnquist, William Labor and Employment Law Federal 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 (42 U.S.C. §§ 12112–17) U.S. Const. amend. XI;
U.S. Const. amend. XIV, § 5
68 2000 Cook v. Gralike,
531 U.S. 510 (2001)
Stevens, John Elections Law State and Local 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. Mo. Const., Art. VIII, § 17(1). U.S. Const. art. I, § 4, cl. 1 Elections Clause
69 2000 Legal Services Corporation v. Velazquez,
531 U.S. 533 (2001)
Kennedy, Anthony Government Operations;
Pensions and Benefits Law
Federal 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" (Omnibus Consolidated Rescissions and Appropriations Act of 1996 § 504, 110 Stat. 1321–53) U.S. Const. amend. I Free Speech Clause
70 2000 United States v. Hatter,
532 U.S. 557 (2001)
Breyer, Stephen Government Operations;
Tax Law
Federal Extension of the Social Security law requiring then-sitting judges to join the Social Security System and pay Social Security taxes (26 U.S.C. § 3121(b)(5), (6)) U.S. Const. art. III, § 1 Compensation Clause
71 2000 Ferguson v. City of Charleston,
532 U.S. 67 (2001)
Stevens, John Civil Rights Law;
Criminal Law and Procedure
State and Local State hospital's policy of testing all pregnant patients' urine for drugs and referring women who tested positive for cocaine to local law enforcement. U.S. Const. amend. IV Search and Seizure Clause
72 2000 United States v. United Foods, Inc.,
533 U.S. 405 (2001)
Kennedy, Anthony Food and Drug Law Federal 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 (7 U.S.C. §§ 6101 et seq.) U.S. Const. amend. I
73 2000 Lorillard Tobacco Co. v. Reilly,
533 U.S. 525 (2001)
O'Connor, Sandra Day Civil Rights Law State and Local 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. 940 Code of Mass. Regs. §§ 21.04(5)(a)-(b), 22.06(5)(a)-(b) (2000). U.S. Const. amend. I Free Speech Clause
74 2000 Good News Club, v. Milford Central School,
533 U.S. 98 (2001)
Thomas, Clarence Civil Rights Law State and Local School policy opening school to public use, but prohibiting use of school for religious purposes. U.S. Const. amend. I Free Speech Clause
75 1999 Hunt-Wesson, Inc. v. Franchise Tax Board Of California,
528 U.S. 458 (2000)
Breyer, Stephen Tax Law;
Business and Corporate Law
State and Local 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 (Cal. Rev. & Tax Code Ann. § 24344 (West 1979) (emphasis added)) U.S. Const. art. I;
U.S. Const. amend. XIV
Commerce Clause;
Due Process Clause
76 1999 Rice v. Cayetano,
528 U.S. 495 (1999)
Kennedy, Anthony Elections Law State and Local 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" (Haw. Const., Art. XII, § 5) U.S. Const. amend. XV
77 1999 Kimel v. Florida Board of Regents,
528 U.S. 62 (2000)
O'Connor, Sandra Day Labor and Employment Law Federal Fair Labor Standards Act Amendments of 1974 amending the Age Discrimination in Employment Act to subject states to damages actions in federal courts (29 U.S.C. §§ 216(b), 630(b)) U.S. Const. amend. XIV, § 5
78 1999 Carmell v. Texas,
529 U.S. 513 (2000)
Stevens, John Criminal Law and Procedure State and Local 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 (Tex. Code Crim. Proc. Ann., Art. 38.07 (Vernon 1983)) U.S. Const. art. I, § 10 Ex Post Facto Clause
79 1999 United States v. Morrison,
529 U.S. 598 (2000)
Rehnquist, William Criminal Law and Procedure Federal Provision of the Violence Against Women Act creating a federal civil remedy for victims of gender-motivated violence U.S. Const. amend. XIV, § 5 Commerce Clause
80 1999 United States v. Playboy Entertainment Group,
529 U.S. 803 (2000)
Kennedy, Anthony Advertising, Publishing and Communications Law Federal 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. (47 U.S.C. § 561) U.S. Const. amend. I Free Speech Clause
81 1999 Santa Fe Independent School District v. Doe,
530 U.S. 290 (2000)
Stevens, John Education Law;
Civil Rights Law
State and Local School district policy that allowed students to initate and lead prayer before home football games U.S. Const. amend. I Establishment Clause
82 1999 Dickerson v. United States,
530 U.S. 428 (2000)
Rehnquist, William Criminal Law and Procedure Federal 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) (18 U.S.C. § 3501) U.S. Const. amend. V Self-Incrimination Clause
83 1999 Apprendi v. New Jersey,
530 U.S. 466 (2000)
Stevens, John State and Local  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 (N. J. Stat. Ann. § 2C:44-3(e) (West Supp. 2000)) U.S. Const. amend. XIV Due Process Clause
84 1999 California Democratic Party v. Jones,
530 U.S. 567 (2000)
Scalia, Antonin Elections Law State and Local California law that imposed a blanket format on political parties' primary elections, allowing voters to vote for any candidate regardless of party affiliation (Cal. Elec. Code § 2001 (Supp. 2000)) U.S. Const. amend. I Free Speech Clause
85 1999 Troxel v. Granville,
530 U.S. 57 (2000)
O'Connor, Sandra Day Family Law State and Local 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 (Wash. Rev. Code § 26.10.160(3)) U.S. Const. amend. XIV Due Process Clause
86 1999 Stenberg v. Carhart,
530 U.S. 914 (2000)
Breyer, Stephen Healthcare Law;
Family Law
State and Local A Nebraska statute that banned "partial birth abortion" unless necessary to save the life of the mother (Neb. Rev. Stat. Ann. § 28-328(1) (Supp. 1999)) U.S. Const. amend. XIV Due Process Clause
87 1998 Buckley v. American Constitutional Law Foundation, Inc.,
525 U.S. 182 (1999)
Ginsburg, Ruth Bader Elections Law State and Local 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 (Colo. Rev. Stat. §§ 1-40-112(1), (2); 1-40-121) U.S. Const. amend. I Free Speech Clause
88 1998 South Central Bell Telephone Company v. Alabama,
526 U.S. 160 (1999)
Breyer, Stephen Tax Law;
Business and Corporate Law
State and Local 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 (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)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
89 1998 Saenz v. Roe,
526 U.S. 489 (1999)
Stevens, John Pensions and Benefits Law State and Local Provision of the California Welfare and Institutions Code that imposed a cap on the amount of welfare benefits, including federal Temporary Assistance to Needy Families (TANF) benefits, available to recipients during their first year of residency in the state to the amount of benefits they would have received in their state of prior residence (Cal. Welf. & Inst. Code Ann. § 11450.03) U.S. Const. amend. XIV, § 1 Citizenship Clause
90 1998 City Of Chicago v. Morales,
527 U.S. 41 (1999)
Stevens, John Criminal Law and Procedure;
Civil Rights Law
State and Local Chicago Gang Congregation Ordinance that prohibited "criminal street gang members" from "loitering" with one another or with other persons in any public place (Chicago Municipal Code § 8–4–015 (added June 17, 1992)) U.S. Const. amend. XIV Due Process Clause
91 1998 Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank,
527 U.S. 627 (1999)
Rehnquist, William Intellectual Property Law Federal 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 (35 U.S.C. §§ 271h, 296(a)) U.S. Const. amend. XIV, § 5
92 1998 College Savings Bank c. Florida Prepaid Postsecondary Education Expense Board,
527 U.S. 666 (1999)
Scalia, Antonin Intellectual Property Law Federal Trademark Remedy Clarification Act subjecting States to suits brought under § 43(a) of the Lanham Act for false and misleading advertising (15 U.S.C. § 1125(a)) U.S. Const. amend. XIV, § 5
93 1998 Alden v. Maine,
527 U.S. 706 (1999)
Kennedy, Anthony Labor and Employment Law Federal Fair Labor Standards Amendments of 1974 subjecting non-consenting states to suits for damages brought by employees in state courts (29 U.S.C. §§ 216(b), 203(x)) U.S. Const. amend. XI
94 1997 Lunding v. New York Tax Appeals Tribunal ,
522 U.S. 287 (1998)
O'Connor, Sandra Day Family Law;
Tax Law
State and Local New York statute that denied nonresidents, but not residents, an income tax deduction for alimony payments (N. Y. Tax Law § 631(b)(6)) U.S. Const. art. IV, § 2 Privileges and Immunities Clause
95 1997 United States v. United States Shoe Corporation,
523 U.S. 360 (1998)
Ginsburg, Ruth Bader Tax Law;
Trade Law
Federal Harbor Maintenance Tax requiring shippers to pay a uniform charge of 0.125% of export cargo value on commercial cargo shipped through the Nation's ports (26 U.S.C. § 4461(a)) U.S. Const. art. I, § 9, cl. 5 Export Clause
96 1997 Clinton v. City of New York,
524 U.S. 417 (1998)
Stevens, John Government Operations Federal Line Item Veto Act giving the President the authority to “cancel in whole” three types of provisions that have been signed into law (2 U.S.C. §§ 691 et seq.) U.S. Const. art. I, § 7, cl. 2 Presentment Clause
97 1996 M. L. B. v. S. L. J.,
519 U.S. 102 (1996)
Ginsburg, Ruth Bader Family Law;
Civil Procedure
State and Local Mississippi statute that conditioned the right to appeal a trial court decree terminating parental rights on the litigant's ability to prepay costs (Miss. Code Ann. § 11-51-29) U.S. Const. amend. XIV Due Process Clause;
Equal Protection Clause
98 1996 Babbitt v. Youpee,
519 U.S. 234 (1997)
Ginsburg, Ruth Bader Federal Indian Law Federal 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 (25 U.S.C. § 2206) U.S. Const. amend. V Takings Clause
99 1996 Lynce v. Mathis,
519 U.S. 433 (1997)
Stevens, John Criminal Law and Procedure State and Local Florida statute that retroactively cancelled early release credits awarded to prisoners to alleviate prison overcrowding (Fla. Stat. § 944.277) U.S. Const. art. I, § 10 Ex Post Facto Clause
100 1996 Chandler v. Miller,
520 U.S. 305 (1997)
Ginsburg, Ruth Bader Elections Law State and Local Georgia statute that required candidates for state office to certify that they had taken and passed a drug test (Ga. Code Ann. § 21-2—140 (1993)) U.S. Const. amend. IV Search and Seizure Clause
101 1996 Camps Newfound/Owatonna, Inc. v. Town Of Harrison,
520 U.S. 564 (1997)
Stevens, John Tax Law State and Local Maine property tax exemption statute for charitable institutions, which gave more favorable treatment to institutions operated principally for the benefit of state residents (Me. Rev. Stat. tit. 36, § 652(1)(A)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
102 1996 City of Boerne v. Flores,
521 U.S. 507 (1997)
Kennedy, Anthony Civil Rights Law Federal 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 (42 U. S. C. § 2000bb et seq.) U.S. Const. amend. XIV, § 5
103 1996 Reno v. American Civil Liberties Union,
521 U.S. 844 (1997)
Stevens, John Advertising, Publishing and Communications Law Federal 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 (47 U.S.C. § 223(a), (d)) U.S. Const. amend. I Free Speech Clause
104 1996 Printz v. United States,
521 U.S. 898 (1997)
Scalia, Antonin Civil Rights Law Federal Provisions of the Brady Handgun Violence Prevention Act requiring state and local law enforcement officers to conduct background checks on prospective handgun purchasers (18 U. S. C. § 922(s)) U.S. Const. amend. X
105 1995 Fulton Corp. v. Faulkner,
516 U.S. 325 (1996)
Souter, David Tax Law;
Business and Corporate Law
State and Local 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 (N. C. Gen. Stat. §§ 105-203, 105-130.4(i)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
106 1995 Cooper v. Oklahoma,
517 U.S. 348 (1996)
Stevens, John Criminal Law and Procedure State and Local 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 (Okla. Stat. tit. 22, § 1175.4(B) (1991)) U.S. Const. amend. XIV Due Process Clause
107 1995 Seminole Tribe of Florida v. Florida,
517 U.S. 44 (1996)
Rehnquist, William Federal Indian Law Federal 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 (25 U.S.C. § 2710(d)(7)) U.S. Const. amend. XI Indian Commerce Clause
108 1995 44 Liquormart, Inc. v. Rhode Island ,
517 U.S. 484 (1996)
Stevens, John Trade Law;
Civil Rights Law
State and Local Rhode Island statutes and regulation that banned advertisement of retail liquor prices except at the place of sale (R.I. Gen. Laws §§ 3-8-7, 3-8-8.1 (1987), Regulation 32 of the Rhode Island Liquor Control Administration) U.S. Const. amend. I Free Speech Clause
109 1995 Romer v. Evans,
517 U.S. 620 (1996)
Kennedy, Anthony Civil Rights Law State and Local 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 (Amendment 2, Colo. Const., Art. II, § 30b) U.S. Const. amend. XIV, § 1
110 1995 Shaw v. Hunt,
517 U.S. 899 (1996)
Rehnquist, William State and Local North Carolina congressional redistricting plan that assigned voters to districts on the basis of race. U.S. Const. amend. XIV, § 1 Equal Protection Clause
111 1995 Bush v. Vera,
517 U.S. 952 (1996)
O'Connor, Sandra Day Elections Law State and Local Texas congressional redistricting plan, promulagated 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 U.S. Const. amend. XIV, § 1
112 1995 United States v. Virginia,
518 U.S. 515 (1996)
Ginsburg, Ruth Bader Education Law;
Civil Rights Law
State and Local Male-only admissions policy of the Virginia Military Institute, a state institution U.S. Const. amend. XIV Equal Protection Clause
113 1995 Denver Area Educational Telecommunications Consortium, Inc. v. Federal Communications Commission,
518 U.S. 727 (1996)
Breyer, Stephen Advertising, Publishing and Communications Law Federal 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 (47 U.S.C. §§ 532(j), (k)) U.S. Const. amend. I Free Speech Clause
114 1994 United States v. National Treasury Employees Union,
513 U.S. 454 (1995)
Stevens, John Labor and Employment Law;
Government Operations
Federal Provision of the Ethics Reform Act of 1989 prohibiting federal employees from accepting honoraria for making speeches or writing articles, even when the speech had no connection with the employee's official duties (5 U.S.C. § 501(b)) U.S. Const. amend. I Free Speech Clause
115 1994 Ed Plaut V. Spendthrift Farm, Inc.,
514 U.S. 211 (1995)
Scalia, Antonin Securities Law Federal Section 27A(b) of the Securities Exchange Act of 1934 providing reinstatement of any action previously dismissed as time barred under certain circumstnaces (15 U.S.C. § 78j(b)) U.S. Const. art. II, § 1, cl. 1 Separation of Powers
116 1994 Mcintyre v. Ohio Elections Commission,
514 U.S. 334 (1995)
Stevens, John Elections Law;
Civil Rights Law
State and Local Ohio statute prohibiting the distribution of anonymous campaign literature (Ohio Rev. Code Ann. § 3599.09(A)) U.S. Const. amend. I Free Speech Clause
117 1994 Rubin v. Coors Brewing Company,
514 U.S. 476 (1995)
Thomas, Clarence Food and Drug Law Federal Section 5(e)(2) of the Federal Alcohol Administration Act prohibiting the display of alcohol content on beer labels, 27 U.S.C. § 205(e)(2) U.S. Const. amend. I Free Speech Clause
118 1994 United States v. Lopez,
514 U.S. 549 (1995)
Rehnquist, William Civil Rights Law Federal Gun-Free School Zones Act of 1990 making it a criminal offense to knowingly possess a firearm within a school zone (18 U.S.C. § 922(q)(1)(A)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
119 1994 U.S. Term Limits, Inc. v. Thornton,
514 U.S. 779 (1995)
Stevens, John Elections Law State and Local Amendment to the Arksansas 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 (Ark. Const. Amendment 73, § 3) U.S. Const. art. I, § 2, cl. 2;
U.S. Const. art. I, § 3, cl. 3
Qualifications for Membership in Congress Clauses
120 1994 Rosenberger v. Rector and Visitors of The University of Virginia ,
515 U.S. 819 (1995)
Kennedy, Anthony Civil Rights Law;
Education Law
State and Local University of Virginia guideline that prohibited use of student activity funds to pay printing costs of student publications that primarily promoted a religious viewpoint U.S. Const. amend. I Free Speech Clause
121 1994 Miller v. Johnson,
515 U.S. 900 (1995)
Kennedy, Anthony Civil Rights Law;
Elections Law
State and Local Georgia congressional redistricting plan that assigned voters on the basis of race to create three majority-black districts U.S. Const. amend. XIV, § 1 Equal Protection Clause
122 1993 C & A Carbone, Inc. v. Town of Clarkstown,
511 U.S. 383 (1994)
Kennedy, Anthony Environmental Law State and Local Town flow control ordinance that required all nonhazardous solid waste within the town to be processed at the town transfer station (Clarkstown, N.Y., Local Laws No. 9 (1990)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
123 1993 Dep't of Revenue v. Kurth Ranch,
511 U.S. 767 (1994)
Stevens, John Tax Law;
Criminal Law and Procedure
State and Local Montana statute that imposed a tax, to be assessed after the imposition of criminal penalties, on the possession and storage of illegal drugs (Mont. Code Ann. § 15-25-111 (1987) U.S. Const. amend. V Double Jeopardy Clause
124 1993 Oregon Waste Systems, Inc. v. Department of Environmental Quality of The State of Oregon,
511 U.S. 93 (1994)
Thomas, Clarence Environmental Law State and Local Oregon statute imposing a surcharge on the in-state disposal of waste generated out of state (Ore. Rev. Stat. § 459.297(1)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
125 1993 West Lynn Creamery, Inc. v. Healy,
512 U.S. 186 (1994)
Stevens, John Tax Law State and Local 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 U.S. Const. art. I, § 8, cl. 3 Commerce Clause
126 1993 Honda Motor Co. v. Oberg,
512 U.S. 415 (1994)
Stevens, John Civil Procedure;
Torts
State and Local 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 (Or. Const. art. VII, § 3) U.S. Const. amend. XIV Due Process Clause
127 1993 City of Ladue v. Gilleo,
512 U.S. 43 (1994)
Stevens, John Civil Rights Law State and Local 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" (Ladue, Mo., Ordinance 35) U.S. Const. amend. I Free Speech Clause
128 1993 Board of Education of Kiryas Joel Village School District v. Grumet,
512 U.S. 687 (1994)
Souter, David Education Law;
Civil Rights Law
State and Local New York statute creating a separate school district along the village lines of a religious enclave (1989 N. Y. Laws, ch. 748) U.S. Const. amend. I Establishment Clause
129 1992 City of Cincinnati v. Discovery Network, Inc.,
507 U.S. 410 (1993)
Stevens, John Civil Rights Law State and Local City ordinance that banned distribution of commercial handbills on public property (Cincinnati, Ohio, Municipal Code § 714-23) U.S. Const. amend. I Free Speech Clause
130 1992 Edenfield v. Fane,
507 U.S. 761 (1993)
Kennedy, Anthony Trade Law State and Local Florida regulation that prohibited certified public accountants from conducting direct, in-person, uninvited solicitation to obtain new clients (Fla. Admin. Code § 21A-24.002(2)(c) (1992)) U.S. Const. amend. I Free Speech Clause
131 1992 El Vocero De Puerto Rico (Caribbean International News Corp.) v. Puerto Rico,
508 U.S. 147 (1993)
Per Curiam Criminal Law and Procedure State and Local Puerto Rico rule of criminal procedure that entitled defendants to a private preliminary hearing (P. R. Laws Ann., Tit. 34, App. II, Rule 23(c)) U.S. Const. amend. I Free Speech Clause
132 1992 Lamb's Chapel v. Center Moriches Union Free School District ,
508 U.S. 384 (1993)
White, Byron Civil Rights Law;
Education Law
State and Local New York statute and school board regulation that prohibit the use of school grounds for religious purposes (New York Educ. Law § 414 (McKinney 1988 and Supp.1993); Board of Center Moriches Union Free School District Rule 7) U.S. Const. amend. I Free Speech Clause
133 1992 Church Of The Lukumi Babalu Aye, Inc. v. City of Hialeah,
508 U.S. 520 (1993)
Kennedy, Anthony Civil Rights Law State and Local City ordinances and resolutions that prohibited ritualistic animal sacrifices and also prohibited animal slaughter outside of zoned slaugtherhouses, but provided an exemption for the slaughter of small numbers of hogs or cattle (Hialeh, Fla. Ordinances 87-40, 87-52, 87-71, 87-72) U.S. Const. amend. I Free Exercise Clause
134 1991 Simon & Schuster, Inc. v. Members of the New York State Crime Victims Board,
502 U.S. 105 (1991)
O'Connor, Sandra Day Civil Rights Law;
Criminal Law and Procedure
State and Local 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 (N.Y. Exec. Law § 632–a) U.S. Const. amend. I Free Speech Clause
135 1991 Norman v. Reed,
502 U.S. 279 (1992)
Souter, David Elections Law State and Local 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 (Ill.Rev.Stat., ch. 46, § 10-2, 10-5 (1989)) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Equal Protection Clause
136 1991 Wyoming v. Oklahoma,
502 U.S. 437 (1992)
White, Byron Energy and Utilities Law State and Local 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 (Okla. Stat., Tit. 45, §§ 939, 939.1 (Supp.1988)) #N/A
137 1991 Quill Corporation v. Heitkamp,
504 U.S. 298 (1992)
Stevens, John Tax Law State and Local 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. (N.D. Cent. Code § 57–40.2–01(6) (Supp.1991); N.D. Admin. Code § 81–04.1–01–03.1 (1988)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
138 1991 Chemical Waste Management, Inc. v. Hunt,
504 U.S. 334 (1992)
White, Byron Environmental Law State and Local Alabama statute that imposed additional hazardous waste-disposal fee on all hazardous waste generated outside of Alabama (Ala. Code § 22-30B-2(b) (1990 and Supp.1991)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
139 1991 Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department Of Natural Resources ,
504 U.S. 353 (1992)
Stevens, John Environmental Law State and Local 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 (Mich. Comp. Laws §§ 299.413a, 299.430(2) (1991)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
140 1991 Foucha v. Louisiana,
504 U.S. 71 (1992)
White, Byron Criminal Law and Procedure State and Local 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 (La. Code Crim. Proc. Ann., Art. 657 (West 1991)) U.S. Const. amend. XIV Due Process Clause;
Equal Protection Clause
141 1991 Forsyth County, Georgia v. The Nationalist Movement,
505 U.S. 123 (1992)
Blackmun, Harry Civil Rights Law State and Local 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 (Forsyth County (Atlanta, GA) Ordinance 34 (1987)) U.S. Const. amend. I Free Speech Clause
142 1991 New York v. United States,
505 U.S. 144 (1992)
O'Connor, Sandra Energy and Utilities Law Federal 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 (42 U.S.C. § 2021b et seq.) U.S. Const. amend. X
143 1991 R.A.V. v. City of St. Paul,
505 U.S. 377 (1992)
Scalia, Antonin Civil Rights Law State and Local 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 (St. Paul, Minn., Legis. Code § 292.02 (1990)) U.S. Const. amend. I Free Speech Clause
144 1991 Kraft General Foods, Inc. v. Iowa Department Of Revenue And Finance,
505 U.S. 71 (1992)
Stevens, John Tax Law;
Business and Corporate Law
State and Local Iowa busines tax statute that taxed a corporation's dividends from foreign but not domestic subsidiaries (Iowa Code § 422.35 (1981)) U.S. Const. art. I, § 8 Foreign Commerce Clause
145 1991 Lee v. International Society for Krishna Consciousness, Inc.,
505 U.S. 830 (1992)
Per Curiam Civil Rights Law State and Local Port Authority of New York and New Jersey restriction that banned the distribution of literature in airport terminals U.S. Const. amend. I Free Speech Clause
146 1991 Planned Parenthood of Southeastern Pennsylvania v. Casey,
505 U.S. 833 (1992)
O'Connor, Sandra / Kennedy, Anthony / Souter, David Healthcare Law State and Local 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 (18 Pa. Cons. Stat. §§ 3209 (1990)) U.S. Const. amend. XIV Due Process Clause
147 1990 Connecticut v. Doehr,
501 U.S. 1 (1991)
White, Byron Real Property Law;
Civil Procedure
State and Local Connecticut prejudgment remedy provision that authorized prejudgment attachment of real estate without notice or a hearing and withuot requiring a showing of exigent circumstances (Conn. Gen. Stat. §52-278e(a)(1)(1991)) U.S. Const. amend. XIV Due Process Clause
148 1990 Metropolitan Washington Airports Authority v. Citizens for the Abatement of Aircraft Noise, Inc.,
501 U.S. 252 (1991)
Stevens, John Transportation Law Federal 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 (49 U.S.C. §§ 2451–61) U.S. Const. art. I, § 7;
U.S. Const. art. II
Bicameralism and Presentment Requirements;
Vesting Clause
149 1989 Butterworth v. Smith,
494 U.S. 624 (1990)
Rehnquist, William Criminal Law and Procedure State and Local 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 (Fla. Stat. § 905.27) U.S. Const. amend. I Free Speech Clause
150 1989 United States v. Eichman,
496 U.S. 310 (1990)
Brennan, William Civil Rights Law Federal Flag Protection Act of 1989 criminalizing the burning and other acts of desecretion of the flag of the United States (18 U.S.C. § 700) U.S. Const. amend. I Free Speech Clause
151 1989 Peel v. Attorney Registration and Disciplinary Commission of Illinois,
496 U.S. 91 (1990)
Stevens, John / Marshall, Thurgood Civil Rights Law;
Legal Ethics
State and Local Provision of the Illinois Code of Professional Responsibility that prohibited lawyers from holding themsevles out as being "certified" or being a "specialist" in a particular area of law (Rule 2–105(a)(3) of the Illinois Code of Professional Responsibility) U.S. Const. amend. I Free Speech Clause
152 1989 Hodgson v. Minnesota,
497 U.S. 417 (1990)
Stevens, John Healthcare Law;
Family Law
State and Local 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 (Minn. Stat. § 144.343(2)) U.S. Const. amend. XIV Due Process Clause
153 1988 City of Richmond v. J. A. Croson Company,
488 U.S. 469 (1989)
O'Connor, Sandra Day Civil Rights Law;
Government Contracts
State and Local 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. Richmond, Va., City Code, § 12–156(a) (1985) U.S. Const. amend. XIV Equal Protection Clause
154 1988 Texas Monthly, Inc. v. Bullock,
489 U.S. 1 (1989)
Brennan, William Civil Rights Law State and Local Texas statute that exempted from sales and use taxes periodicals published or distributed by, and advancing the tenets of, a religious faith (Tex.Tax Code Ann. § 151.312 (1982)) U.S. Const. amend. I Establishment Clause
155 1988 Eu v. San Francisco County Democratic Central Committee ,
489 U.S. 214 (1989)
Marshall, Thurgood Education Law;
Civil Rights Law
State and Local 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 (California Elections Code Annotaed §§ 11702, 29430 (West 1977)) U.S. Const. amend. I Free Speech Clause
156 1988 Barnard v. Thorstenn ,
489 U.S. 546 (1989)
Kennedy, Anthony Trade Law State and Local 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 (Local Rule 56(b)(4)-(5) of the District Court of the Virgin Islands) U.S. Const. art. IV, § 2, cl. 1 Priviliges and Immunities Clause
157 1988 Board Of Estimate Of City Of New York v. Morris,
489 U.S. 688 (1989)
White, Byron Elections Law State and Local 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 (Section 61 of the New York City Charter (1986)) U.S. Const. amend. XIV Equal Protection Clause
158 1988 Davis v. Michigan Dep'T Of Treasury,
489 U.S. 803 (1989)
Kennedy, Anthony Tax Law State and Local 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. (Mich. Comp. Laws Ann. § 206.30(1)(f) (Supp. 1988)) U.S. Const. art. VI Supremacy Clause
159 1988 Healy v. The Beer Institute ,
491 U.S. 324 (1989)
Blackmun, Harry Trade Law State and Local 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 (Conn.Gen.Stat.Ann. §§ 30-63 (1975 and Supp. 1982)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
160 1988 Quinn v. Millsap ,
491 U.S. 95 (1989)
Blackmun, Harry Elections Law State and Local 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 (Article VI, § 30, of the Missouri Constitution) U.S. Const. amend. XIV Equal Protection Clause
161 1988 Sable Communications of California, Inc. v. Federal Communications Commission,
492 U.S. 115 (1989)
White, Byron Advertising, Publishing and Communications Law;
Business and Corporate Law
Federal Section 223(b) of the Communications Act of 1934 banning indecent and obscene interstate commercial telephone messages, commonly known as "dial-a-porn" services (47 U.S.C. § 223(b)) U.S. Const. amend. I Free Speech Clause
162 1987 Boos v. Barry,
485 U.S. 312 (1988)
O'Connor, Sandra Day Real Property Law State and Local A District of Columbia ordinace 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" (District of Columbia Code § 22-1115) U.S. Const. amend. I Free Speech Clause
163 1987 Tulsa Professional Collection Services, Inc. v. Pope,
485 U.S. 478 (1988)
O'Connor, Sandra Day Estate, Gift and Trust Law;
Civil Procedure
State and Local 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 (Okla.Stat., Tit. 58, § 333 (1981)) U.S. Const. amend. XIV Due Process Clause
164 1987 Hicks v. Feiock,
485 U.S. 624 (1988)
White, Byron Criminal Law and Procedure;
Family Law
State and Local 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 (Cal.Civ.Proc.Code Ann. § 1209.5 (West 1982)) U.S. Const. amend. XIV Due Process Clause
165 1987 New Energy Company of Indiana v. Limbach,
486 U.S. 269 (1988)
Scalia, Antonin Tax Law;
Energy and Utilities Law
State and Local 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 (Ohio Rev.Code Ann. § 5735.145(B) (1986)) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
166 1987 Maynard v. Cartwright,
486 U.S. 356 (1988)
White, Byron Criminal Law and Procedure State and Local 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" (Okla.Stat., Tit. 21, §§ 701.12(2) and (4) (1981)) U.S. Const. amend. VIII Cruel and Unusual Punishment Clause
167 1987 Meyer v. Grant,
486 U.S. 414 (1988)
Stevens, John Elections Law State and Local 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 (Colo.Rev.Stat. § 1–40–110 (1980)) U.S. Const. amend. I Free Speech Clause
168 1987 Clark v. Jeter,
486 U.S. 456 (1988)
O'Connor, Sandra Day Family Law State and Local A Pennsylvania law requiring an illegitimate child prove paternity within six years of birth before seeking support from his or her father (42 Pa. Cons. Stat. § 6704(b) (1982) (repealed 1985)). U.S. Const. amend. XIV Equal Protection Clause
169 1987 Shapero v. Kentucky Bar Association,
486 U.S. 466 (1988)
Brennan, William Legal Ethics State and Local 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 (Kentucky Supreme Court Rule 3.135(5)(b)(i) as replaced by the Kentucky Supreme Court by ABA Model Rule of Professional Conduct 7.3 (1984)) U.S. Const. amend. I Free Speech Clause
170 1987 City Of Lakewood v. Plain Dealer Publishing Co.,
486 U.S. 750 (1988)
Brennan, William Real Property Law State and Local An ordinance of the city of Lakewood, Ohio that mayor unfettered discretion to deny permit for placing newspaper dispensing devices on public property (§ 901.181, Codified Ordinances, City of Lakewood, Ohio (1984)) U.S. Const. amend. I Free Speech Clause
171 1987 Bendix Autolite Corp. v. Midwesco Enterprises, Inc.,
486 U.S. 888 (1988)
Kennedy, Anthony Civil Procedure;
Contracts Law
State and Local 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 (Ohio Rev.Code Ann. § 2305.15 (Supp.1987)) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
172 1987 Coy v. Iowa,
487 U.S. 1012 (1988)
Scalia, Antonin Criminal Law and Procedure State and Local An Iowa law that allows a complaining witness to testify either via closed-circuit television or behind a screen (Act of May 23, 1985, § 6, 1985 Iowa Acts 338, now codified at Iowa Code  § 910A.14 (1987)) U.S. Const. amend. VI Confrontation Clause
173 1987 Supreme Court of Virginia v. Friedman,
487 U.S. 59 (1988)
Kennedy, Anthony Legal Ethics State and Local A Virginia rule that conditions admission to the Virginia bar on a showing that the applicant is a permanent resident of Virginia (Virginia Supreme Court Rule 1A:1) U.S. Const. art. IV, § 2 Privileges and Immunities Clause
174 1987 Riley v. National Federation of the Blind of North Carolina, Inc.,
487 U.S. 781 (1988)
Brennan, William Business and Corporate Law State and Local A North Carolina law that places various limitations on the solicitation of charitable contributions by professional fundraisers (North Carolina Gen.Stat. § 131C–17.2 (1986); North Carolina Gen.Stat. § 131C–16.1(3) (1986); North Carolina Gen.Stat. § 131C–6 (1986)) U.S. Const. amend. I Free Speech Clause
175 1986 Tashjian v. Republican Party Of Connecticut,
479 U.S. 208 (1986)
Marshall, Thurgood Elections Law State and Local A Connecticut law that requires voters in any political party primary to be registered members of that party (Portions of Conn.Gen.Stat. § 9–431 (1985)) U.S. Const. amend. I Free Speech Clause;
Free Association Rights
176 1986 324 Liquor Corp., Dba Yorkshire Wine & Spirits v. Duffy,
479 U.S. 335 (1987)
Powell, Lewis Business and Corporate Law State and Local 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 (N.Y.Alco.Bev.Cont. Law, section 101-bb, (McKinney 1970 and Supp.1986)) U.S. Const. amend. XXI, § 2
177 1986 Arkansas Writers' Project, Inc. v. Ragland, Commissioner of Revenue of Arkansas,
481 U.S. 221 (1987)
Marshall, Thurgood Tax Law State and Local An Arkansas law imposing a tax on receipts from sales of tangible personal property, but exempting newspapers and certain magazines (Ark.Stat.Ann. § 84-1904(f),(j)) U.S. Const. amend. I Free Speech Clause;
Free Press Clause
178 1986 Hodel v. Irving,
481 U.S. 704 (1987)
O'Connor, Sandra Federal Indian Law;
Real Property Law
Federal 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 (Pub. L. 97-459, 96 Stat. 2519) U.S. Const. amend. V Takings Clause
179 1986 City of Houston, Texas v. Hill,
482 U.S. 451 (1987)
Brennan, William Criminal Law and Procedure State and Local An ordinace of the city of Houston, Texas making it unlawful to “oppose, molest, abuse, or interrupt” police officer in performance of duty (Houston Code of Ordinances § 34–11(a)) U.S. Const. amend. I Free Speech Clause
180 1986 Booth v. Maryland,
482 U.S. 496 (1987)
Powell, Lewis Criminal Law and Procedure State and Local 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 (Md. Ann. Code Art. 41, § 4–609(d) (1986)) U.S. Const. amend. VIII Cruel and Unusual Punishment Clause
181 1986 Board of Airport Commissioners of the City of Los Angeles v. Jews For Jesus, Inc.,
482 U.S. 569 (1987)
O'Connor, Sandra Day Transportation Law State and Local 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 (Board of Airport Commissioners Resolution No. 13787 (1983)) U.S. Const. amend. I Free Speech Clause
182 1986 Edwards, Governor of Louisiana v. Aguillard,
482 U.S. 578 (1987)
Brennan, William Education Law State and Local A Louisiana law forbiding the teaching of the theory of evolution in public elementary and secondary schools unless accompanied by instruction in the theory of "creation science." (La.Rev.Stat.Ann. §§ 17:286.1–17:286.7 (West 1982)) U.S. Const. amend. I Establishment Clause
183 1986 Turner v. Safley,
482 U.S. 78 (1986)
O'Connor, Sandra Day Criminal Law and Procedure;
Family Law
State and Local 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 U.S. Const. amend. XIV Due Process Clause
184 1986 Tyler Pipe Industries, Inc. v. Washington State Department of Revenue,
483 U.S. 232 (1987)
Stevens, John Tax Law State and Local 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 (Washington's Business and Occupation Wash.Rev.Code § 82.04.440 (1985)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
185 1986 American Trucking Associations v. Scheiner,
483 U.S. 266 (1987)
Stevens, John Transportation Law;
Tax Law
State and Local A Pennsylvania law that imposes lump sum annual taxes on the operation of trucks on the state's roads (Pa. Cons. Stat. § 2102; 75 Pa. Cons.Stat. § 9902 (1984)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
186 1986 Sumner v. Shuman,
483 U.S. 66 (1987)
Blackmun, Harry Criminal Law and Procedure State and Local 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 (Nev. Rev. Stat. § 200.030 (1973); 1973 Nev.Stats., ch. 798, § 5)). U.S. Const. amend. VIII Cruel and Unusual Punishment Clause
187 1985 Brown-Forman Distillers Corp. v. New York State Liquor Authority,
476 U.S. 573 (1986)
Marshall, Thurgood Business and Corporate Law State and Local 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 (New York Alocoholic Beverage Control Law Section 101-b(3)(d) (McKinney 1970 and Supp.1986) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
188 1985 Thornburgh, Governor of Pennsylvania v. American College of Obstetricians And Gynecologists,
476 U.S. 747 (1986)
Blackmun, Harry Healthcare Law State and Local 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 (Pennsylania's Abortion Control Act, 1982 Pa.Laws, Act No. 138, codified as 18 Pa.Cons.Stat. § 3201 et seq. (1982)) U.S. Const. amend. XIV Due Process Clause
189 1985 Attorney General Of New York v. Soto-Lopez,
476 U.S. 898 (1986)
Brennan, William Labor and Employment Law;
Military and Veterans Law
State and Local 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 (N.Y. Const., Art. V, § 6, and its Civil Service Law, N.Y.Civ.Serv.Law § 85 (McKinney 1983 and Supp.1986)) U.S. Const. amend. XIV Equal Protection Clause
190 1985 Ford v. Wainwright, Secretary, Florida Department of Corrections,
477 U.S. 399 (1986)
Marshall, Thurgood Criminal Law and Procedure State and Local 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 (Fla.Stat. § 922.07 (1985 and Supp.1986)) U.S. Const. amend. VIII;
U.S. Const. amend. XIV
Cruel and Unusual Punishment Clause;
Due Process Clause
191 1985 Press-Enterprise Co. v. Superior Court Of California For The County Of Riverside,
478 U.S. 1 (1986)
Burger, Warren Criminal Law and Procedure State and Local 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 defednant to establish a "reasonable likelihood of substantial prejudice" to seal the proceeding (Cal.Penal Code Ann. § 868 (West 1985)) U.S. Const. amend. I Free Press Clause
192 1985 Bowsher v. Synar,
478 U.S. 714 (1986)
Burger, Warren Government Operations Federal 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 (2 U.S.C. § 901 et seq.) U.S. Const. art. II, § 1, cl. 1 Separation of Powers
193 1984 Supreme Court of New Hampshire v. Piper,
470 U.S. 274 (1985)
Powell, Lewis Legal Ethics State and Local A New Hamphshire bar rule limits bar admission to state residents (N.H. Sup. Ct. Rule 42(3)) U.S. Const. art. IV, § 2 Privileges and Immunities Clause
194 1984 Federal Election Commission v. National Conservative Political Action Committee,
470 U.S. 480 (1985)
Rehnquist, William Elections Law Federal 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 (26 U.S.C. § 9012(f)) U.S. Const. amend. I Free Speech Clause
195 1984 Metropolitan Life Insurance Co. V. Ward Board Of Education Of Oklahoma City V. National Gay Task Force Fugate V. New Mexico,
470 U.S. 869 (1985)
Powell, Lewis Tax Law;
Business and Corporate Law
Federal 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 (Ala. Code §§ 27-4-4 and 27-4-5 (1975)) U.S. Const. amend. XIV Equal Protection Clause
196 1984 Tennessee v. Garner,
471 U.S. 1 (1985)
White, Byron Criminal Law and Procedure State and Local A Tennesee 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" (Tenn.Code Ann. § 40–7–108 (1982)) U.S. Const. amend. IV
197 1984 Hunter v. Underwood,
471 U.S. 222 (1985)
Rehnquist, William Elections Law;
Civil Rights Law
State and Local 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." (Art. VIII, § 182, of the Alabama Constitution of 1901) U.S. Const. amend. XIV Equal Protection Clause
198 1984 Zauderer v. Office of Disciplinary Counsel of The Supreme Court of Ohio,
471 U.S. 626 (1985)
White, Byron Legal Ethics State and Local A provisionw 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 (Ohio Disciplinary Rules DR 2-103(A), 2-104(A), and 2-101(B)) U.S. Const. amend. I Free Speech Clause
199 1984 Williams v. Vermont,
472 U.S. 14 (1985)
White, Byron Tax Law;
Transportation Law
State and Local A Vermont law that distinguishes between residents and nonresidents in providing a credit for automobile sales taxes paid to another state (Vt.Stat.Ann., Tit. 32, § 8911(9) (1981)) U.S. Const. amend. XIV Equal Protection Clause
200 1984 Wallace v. Jaffree,
472 U.S. 38 (1985)
Stevens, John Education Law State and Local An Alabama statute authorizing a one-minute period of silence in public schools “for meditation or voluntary prayer” (Ala.Code 1975, § 16–1–20.1) U.S. Const. amend. I Establishment Clause
201 1984 Hooper v. Bernalillo County Assessor,
472 U.S. 612 (1985)
Burger, Warren Tax Law;
Military and Veterans Law
State and Local A New Mexico law that grants a property tax exemption for Vietnam veterans that resided in the state before May 8, 1976 (N.M. Stat. Ann. § 7-37-5 (1983)) U.S. Const. amend. XIV Equal Protection Clause
202 1984 Estate of Thornton v. Caldor, Inc.,
472 U.S. 703 (1985)
Burger, Warren Labor and Employment Law;
Civil Rights Law
State and Local A Connecticut law that provides employees with the right not to work on the day that the employee chooses to observe as "his Sabbath" (Conn.Gen.Stat. § 53-303e(b)) U.S. Const. amend. I Establishment Clause
203 1983 Westinghouse Electric Corp. v. Tully,
466 U.S. 388 (1984)
Blackmun, Harry Tax Law State and Local A New York law that allows corporations a tax credit for receipts from products shipped from an in-state place of business (N.Y. Tax Law § 210.13(a)(2)) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
204 1983 Bernal v. Fainter,
467 U.S. 216 (1984)
Marshall, Thurgood Business and Corporate Law;
Immigration Law
State and Local A Texas law that required a notary public to be a United States citizen (Tex. Rev. Civ. Stat. art. 5942(2)) U.S. Const. amend. XIV Equal Protection Clause
205 1983 Armco Inc. v. Hardesty,
467 U.S. 638 (1984)
Powell, Lewis Tax Law;
Business and Corporate Law
State and Local A West Virginia law imposes a gross receipts tax on businesses selling tangible property at wholesale, but exempts local manufacturers from the tax (W. Va. Code Section 11-13-2) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
206 1983 Secretary of State of Maryland v. Joseph H. Munson Co.,
467 U.S. 947 (1984)
Blackmun, Harry Business and Corporate Law State and Local 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 (Md. Code Ann. Section 103D) U.S. Const. amend. I Free Speech Clause
207 1983 Bacchus Imports, Ltd. v. Dias,
468 U.S. 263 (1984)
White, Byron Tax Law;
Business and Corporate Law
State and Local A Hawaii law imposing a 20% excise tax on sales of liquor at wholesale, but exempting the sales of specified local products (Haw. Rev. Stat. Sections 244-4(6), 244-4(7)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
208 1983 Federal Communications Commission v. League of Women Voters of California,
468 U.S. 364 (1984)
Brennan, William Advertising, Publishing and Communications Law Federal Provision of Public Broadcasting Act of 1967 banning noncommercial educational stations receiving grants from the Corporation for Public Broadcasting from engaging in editorializing (47 U.S.C. § 399) U.S. Const. amend. I Free Speech Clause
209 1983 Regan v. Time, Inc.,
468 U.S. 641 (1984)
White, Byron Advertising, Publishing and Communications Law Federal 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" (18 U.S.C. § 504(1)) U.S. Const. amend. I Free Speech Clause
210 1982 Larkin v. Grendel's Den, Inc.,
459 U.S. 116 (1982)
Burger, Warren Real Property Law;
Business and Corporate Law
State and Local 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 (Mass. Gen. Laws ch. 138, Sec. 16C) U.S. Const. amend. I Establishment Clause
211 1982 Memphis Bank & Trust Co. v. Garner,
459 U.S. 392 (1983)
Marshall, Thurgood Banking Law;
Tax Law
State and Local 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 (Tenn. Code. Ann. Section 67-751) U.S. Const. art. VI, § 1, cl. 2 Supremacy Clause
212 1982 Minneapolis Star & Tribune Co. v. Minnesota Commissioner Of Revenue,
460 U.S. 575 (1983)
O'Connor, Sandra Day Tax Law State and Local A Minnesota law that imposes a use tax on the cost of paper and ink products consumed in the production of a periodic publication (Minn. Stat. Sec. 297A.14) U.S. Const. amend. I Free Speech Clause;
Free Press Clause
213 1982 Anderson v. Celebrezze, Secretary Of State Of Ohio,
460 U.S. 780 (1983)
Stevens, John Elections Law State and Local 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 (Ohio Revised Code Section 3513.25.7) U.S. Const. amend. I Free Speech Clause
214 1982 Kolender v. Lawson,
461 U.S. 352 (1983)
O'Connor, Sandra Day Criminal Law and Procedure State and Local 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 (Cal. Penal Code Section 647(e)) U.S. Const. amend. XIV Due Process Clause
215 1982 Pickett v. Brown,
462 U.S. 1 (1983)
Brennan, William Family Law State and Local 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 Tenn. Code. Ann. Section 36-224(2) (Tennessee's two-year statute of limitations for paternity and child support actions) U.S. Const. amend. XIV Equal Protection Clause
216 1982 City Of Akron v. Akron Center For Reproductive Health, Inc.,
462 U.S. 416 (1983)
Powell, Lewis Healthcare Law State and Local 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 (Ordinance No. 160-1978-Sections 1870.03, 1870.05(B), 1870.06(B), 1870.06(C), 1870.07, 1870.16) U.S. Const. amend. XIV Due Process Clause
217 1982 Planned Parenthood Association Of Kansas City, Missouri, Inc.v. Ashcroft,
462 U.S. 476 (1983)
Powell, Lewis Healthcare Law State and Local A Missouri law that requires all abortions after 12 weeks of pregnancy to be performed in a hospital (Mo. Rev. Stat. Sec. 188.025) U.S. Const. amend. XIV Due Process Clause
218 1982 Karcher, Speaker, New Jersey Assembly, v. Daggett,
462 U.S. 725 (1983)
Brennan, William Elections Law State and Local A New Jersey law reapportioning the state's congressional districts, resulting in population deviations of less than one percent amongst the various districts (Pub. L. 1982, ch. 1) U.S. Const. art. I, § 2 House of Representatives Clause
219 1982 Immigration And Naturalization Service v. Chadha,
462 U.S. 919 (1983)
Burger, Warren Immigration Law Federal 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 (8 U.S.C. § 244(c)(2)) U.S. Const. art. I, § 7, cl. 2;
U.S. Const. art. I, § 7, cl. 3
Presentment Clause;
Bicameral Clause
220 1982 Bolger v. Youngs Drug Products Corp.,
463 U.S. 60 (1983)
Marshall, Thurgood Advertising, Publishing and Communications Law Federal Statute prohibiting the mailing of unsolicited advertisements for contraceptives (39 U.S.C. § 3001(e)(2)) U.S. Const. amend. I Free Speech Clause
221 1981 Citizens Against Rent Control/Coalition For Fair Housing v. City Of Berkeley, California,
454 U.S. 290 (1981)
Burger, Warren Elections Law State and Local A Berkeley, California ordinace that imposes a $250 limitation on contributions to committees formed to support or oppose ballot measures submitted to a popular vote (Berkeley, Cal., Ordinance No. 4700-N.S., Section 602) U.S. Const. amend. I Free Speech Clause;
Free Association Rights
222 1981 Railway Labor Executives' Association v. Gibbons,
455 U.S. 457 (1982)
Rehnquist, William Bankruptcy Law Federal Statutes governing bankruptcy of a single named debtor. 45 U.S.C. § 701. U.S. Const. art. I, § 8, cl. 4 Bankruptcy Clause
223 1981 Santosky v. Kramer,
455 U.S. 745 (1982)
Blackmun, Harry Family Law State and Local 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" (N.Y. Family Court Act Section 622) U.S. Const. amend. XIV Due Process Clause
224 1981 Larson v. Valente,
456 U.S. 228 (1982)
Brennan, William Tax Law State and Local 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 (Minn. Stat. Section 309.515 Subdiv. 1(b)) U.S. Const. amend. I Establishment Clause
225 1981 Mills v. Habluetzel,
456 U.S. 91 (1982)
Rehnquist, William Family Law State and Local 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 (Tex. Fam. Code Section 13.01) U.S. Const. amend. XIV Equal Protection Clause
226 1981 Plyler v. Doe,
457 U.S. 202 (1982)
Brennan, William Education Law;
Immigration Law
State and Local 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 (Tex. Educ. Code Ann. Section 21.031) U.S. Const. amend. XIV Equal Protection Clause
227 1981 Zobel Et Ux. v. Williams,
457 U.S. 55 (1982)
Burger, Warren Energy and Utilities Law;
Workers' Compensation and Social Security
State and Local An Alaska law that aporitions the state's mineral income fund to the state's adult residents based a citizen's length of residency (Alaska Stat. Ann. Section 43.23.010) U.S. Const. amend. XIV Equal Protection Clause
228 1981 Globe Newspaper Co. v. Superior Court,
457 U.S. 596 (1982)
Brennan, William Criminal Law and Procedure State and Local 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 (Mass. Gen. Laws ch. 278, Section 16A) U.S. Const. amend. I Free Speech Clause
229 1981 Edgar v. MITE Corp.,
457 U.S. 624 (1982)
White, Byron Business and Corporate Law;
Securities Law
State and Local 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 (Ill. Rev. Stat., ch. 121 1/2, para. 137.54.A (Illinois Business Take-Over Act)) U.S. Const. art. I, § 8, cl. 3 Commerce Clause
230 1981 Loretto v. Teleprompter Manhattan CATV Corp.,
458 U.S. 419 (1982)
Marshall, Thurgood Real Property Law State and Local A New York statute that requires landlords to allow for the installation of cable television wiring on their property and prohibits landlords from deamnding payment from a tenant in excess of what a state commission determines to be reasonable (N.Y. Exec. Law Section 828) U.S. Const. amend. V Takings Clause
231 1981 Washington v. Seattle School District No. 1,
458 U.S. 457 (1982)
Blackmun, Harry Education Law;
Civil Rights Law
State and Local A Washington statute, enacted by an initiative responding to the use of mandatory busing for purposes of racial intergration, 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 (Initiative 350; Wash. Rev. Code Section 28A.26.010) U.S. Const. amend. XIV Equal Protection Clause
232 1981 Northern Pipeline Construction Co. v. Marathon Pipe Line Co.,
458 U.S. 50 (1982)
Brennan, William Civil Procedure;
Bankruptcy Law
Federal 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." 28 U.S.C. § 1471(b). U.S. Const. art. I, § 1;
U.S. Const. art. III
Vesting Clause
233 1981 Mississippi University for Women v. Hogan,
458 U.S. 718 (1982)
O'Connor, Sandra Day Education Law;
Civil Rights Law
State and Local A policy by the Mississippi University for Women, a state-supported univeristy, that limited its enrollment to women (1884 Miss. Gen. Laws, Ch. 30, Section 6) U.S. Const. amend. XIV Equal Protection Clause
234 1981 Sporhase v. Nebraska ex rel. Douglas,
458 U.S. 941 (1982)
Stevens, John Environmental Law State and Local 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 (Neb. Rev. Stat. § 46-613.01 (1978)) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
235 1980 Webb's Fabulous Pharmacies, Inc. v. Beckwith,
449 U.S. 155 (1980)
Blackmun, Harry Civil Rights Law;
Business and Corporate Law
State and Local 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 - Fla. Stat. § 28.33 (1977) U.S. Const. amend. V;
U.S. Const. amend. XIV
Takings Clause
236 1980 Stone v. Graham,
449 U.S. 39 (1980)
Per Curiam Civil Rights Law State and Local 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 - Ky. Rev. Stat. § 158.178 U.S. Const. amend. I Establishment Clause
237 1980 Kirchberg v. Feenstra,
450 U.S. 455 (1981)
Marshall, Thurgood Real Property Law State and Local Louisiana law permitting husbands, but not wives, to unilaterally dispose of jointly owned property without spousal consent - La Civ. Code Ann. Art. 2404 U.S. Const. amend. XIV Equal Protection Clause
238 1980 Kassel v. Consolidated Freightways Corporation of Delaware,
450 U.S. 662 (1981)
Powell, Lewis Business and Corporate Law State and Local Iowa statute barring (in conflict with neighboring states) 65-foot double-trailer trucks on state's highways - Iowa Code § 321.457 U.S. Const. art. I Commerce Clause
239 1980 Maryland v. Louisiana,
451 U.S. 725 (1981)
White, Byron Business and Corporate Law State and Local Louisiana statute imposing a tax on the first use of any natural gas brought in-state that has not been previously taxed - La. Rev. Stat. Ann. §§ 47:1301-47:1307 (1981) U.S. Const. art. I;
U.S. Const. art. VI
Supremacy Clause;
Commerce Clause
240 1980 Schad v. Borough of Mount Ephraim,
452 U.S. 61 (1981)
White, Byron Civil Rights Law State and Local Borough of Mount Ephraim, New Jersey ordinance prohibiting "live entertainment" within the Borough - Mount Ephraim Code 99-15B U.S. Const. amend. I
241 1980 Metromedia, Inc. v. City of San Diego,
453 U.S. 490 (1981)
White, Byron Civil Rights Law State and Local San Diego, California ordinance prohibiting outdoor advertising displays except for certain onsite signs and 12 specific exceptions - San Diego Ordinance No. 10795 (Mar. 14, 1972) U.S. Const. amend. I
242 1979 Village of Schaumburg v. Citizens for a Better Environment,
444 U.S. 620 (1980)
White, Byron Civil Rights Law;
Elections Law
State and Local 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” - Schaumburg Village Code ch.22, art. III, § 22–20(g) (1975) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
243 1979 Vance v. Universal Amusement Co.,
445 U.S. 308 (1980)
Per Curiam Civil Rights Law State and Local 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 -  Tex. Rev. Civ. Stat. Ann. art. 4666 (1952); Tex. Rev. Civ. Stat. Ann. art. 4667(a) (1978) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
244 1979 Payton v. New York,
445 U.S. 573 (1980)
Stevens, John Criminal Law and Procedure State and Local New York statutes authorizing police officers to enter a private residence without a warrant to effectuate a felony arrest - N.Y. Crim. Proc. Law § 140.15(4) (McKinney 1971) U.S. Const. amend. IV;
U.S. Const. amend. XIV
Search and Seizure Clause;
Due Process Clause
245 1979 Wengler v. Druggists Mutual Insurance Co.,
446 U.S. 142 (1980)
White, Byron Civil Rights Law;
Workers' Compensation and Social Security
State and Local 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 - Mo. Rev. Stat. § 287.240 (1979) U.S. Const. amend. XIV Equal Protection Clause
246 1979 Lewis v. Bt Investment Managers, Inc.,
447 U.S. 27 (1980)
Blackmun, Harry Business and Corporate Law State and Local 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 - Fla. Stat. § 659.141(1) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
247 1979 Carey v. Brown,
447 U.S. 455 (1980)
Brennan, William Civil Rights Law;
Labor and Employment Law
State and Local 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 - Ill. Rev. Stat. ch. 38, §§ 21.1-2 (1977) U.S. Const. amend. XIV Equal Protection Clause
248 1979 Central Hudson Gas & Electric Corp. v. Public Service Commission of New York,
447 U.S. 557 (1980)
Powell, Lewis Civil Rights Law;
Business and Corporate Law
State and Local New York Public Service Commisison regulation banning an electric utility from advertising to promote electricty use U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause
249 1979 Beck v. Alabama,
447 U.S. 625 (1980)
Stevens, John Criminal Law and Procedure;
Civil Rights Law
State and Local Alabama death penalty statute forbidding trial judges from giving a jury the option of convicting a defendant of a lesser included offense - Ala. Code § 13-11-2(a) (1975) U.S. Const. amend. XIV Due Process Clause
250 1978 Duren v. Missouri,
439 U.S. 357 (1979)
White, Byron Civil Rights Law;
Criminal Law and Procedure
State and Local Missouri statute, implementing a state constitutional provision, providing for the excusal of any women requesting exemption from jury service - Missouri Const., Art. 1, § 22(b); Mo. Rev. Stat. § 494.031(2) (Supp.1978) U.S. Const. amend. VI;
U.S. Const. amend. XIV
Fair Cross Section Requirement;
Due Process Clause
251 1978 Colautti v. Franklin,
439 U.S. 379 (1979)
Blackmun, Harry Civil Rights Law State and Local 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 - Pennsylvania Abortion Control Act, § 5(a), Pa. Stat. Ann., Tit. 35, § 6605(a) (Purdon 1977) U.S. Const. amend. XIV Due Process Clause
252 1978 Orr v. Orr,
440 U.S. 268 (1979)
Brennan, William Civil Rights Law;
Family Law
State and Local Alabama statute imposing alimony obligations on husbands but not on wives - Ala. Code §§ 30–2–51, 30–2–52, 30–2–53 (1975) U.S. Const. amend. XIV Equal Protection Clause
253 1978 Burch v. Louisiana,
441 U.S. 130 (1979)
Rehnquist, William Criminal Law and Procedure State and Local Louisiana statute, implementing a state constitutional provision, permitting criminal conviction for a nonpetty offense by five out of six jurors - La. Const. art. I, § 17; La. Code Crim. Proc. Ann. art. 779(A) (1979) U.S. Const. amend. VI;
U.S. Const. amend. XIV
Right to Trial by Jury;
Due Process Clause
254 1978 Hughes v. Oklahoma,
441 U.S. 322 (1979)
Brennan, William Business and Corporate Law State and Local Oklahoma statute prohibiting the transport or shipment for sale outside the state of natural minnows seined or procured from waters within the state - Okla. Stat. tit. 29, § 4–115(B) (1978) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
255 1978 Caban v. Mohammed,
441 U.S. 380 (1979)
Powell, Lewis Civil Rights Law;
Family Law
State and Local New York law permitting an unwed mother but not an unwed father to block the adoption of their child by withholding consent - N.Y. Dom. Rel. Law § 111(c) (McKinney 1977) U.S. Const. amend. XIV Equal Protection Clause
256 1978 Torres v. Puerto Rico,
442 U.S. 465 (1979)
Burger, Warren Criminal Law and Procedure State and Local Puerto Rico law authorizing the search of any person's luggage arriving from the United States - P.R. Laws Ann. Tit. 25, § 1051 (1977) U.S. Const. amend. IV Unreasonable Searche and Seizure Clause
257 1978 Bellotti v. Baird,
443 U.S. 622 (1979)
Powell, Lewis Civil Rights Law;
Family Law
State and Local Massachusetts law requiring parental consent for an abortion for an umarried 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 - Mass. Gen. Laws Ann. ch. 112, § 12S (1979) U.S. Const. amend. XIV Due Process Clause
258 1978 Califano v. Westcott,
443 U.S. 76 (1979)
Blackmun, Harry Pensions and Benefits Law;
Civil Rights Law
Federal 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. 42 U.S.C. § 607. U.S. Const. amend. V Due Process Clause;
Equal Protection Clause
259 1978 Smith v. Daily Mail Publishing Co.,
443 U.S. 97 (1979)
Burger, Warren Civil Rights Law State and Local 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 - W. Va. Code § 49–7–3 (1976) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
260 1977 New York v. Cathedral Academy,
434 U.S. 125 (1977)
Stewart, Potter Civil Rights Law;
Education Law
State and Local New York law authorizing reimbursement to sectarian schools for state-mandated testing and record-keeping services - 1972 N.Y. Laws ch. 996 U.S. Const. amend. I;
U.S. Const. amend. XIV
Establishment Clause;
Due Process Clause
261 1977 Zablocki v. Redhail,
434 U.S. 374 (1978)
Marshall, Thurgood Civil Rights Law;
Family Law
State and Local 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 - Wis. Stat. §§ 245.10(1), (4), (5) (1973) U.S. Const. amend. XIV Equal Protection Clause
262 1977 Raymond Motor Transportation, Inc. v. Rice,
434 U.S. 429 (1978)
Powell, Lewis Transportation Law;
Business and Corporate Law
State and Local Wisconsin statutory and regulatory scheme generally prohibiting trucks longer than 55 feet to be operated on highways - Wis. Stat. §§ 348.07(1) (1975) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
263 1977 Ballew v. Georgia,
435 U.S. 223 (1978)
Blackmun, Harry Civil Rights Law;
Criminal Law and Procedure
State and Local Georgia statute providing that certain trials in criminal cases be conducted before five-person juries - 1890-1891 Ga. Laws, No. 278, pp. 937-38 U.S. Const. amend. VI Right to Trial by Jury
264 1977 McDaniel v. Paty,
435 U.S. 618 (1978)
Burger, Warren Civil Rights Law;
Elections Law
State and Local Tennessee statute barring ministers and priests from serving as delegates to state constitutional conventions (applying a state constituional provision disqualifying ministers and priests from serving as members of the legislature) - 1976 Tenn. Pub. Acts ch. 848, § 4 (incorporating Tenn. Const. Art. VIII, § 1) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Exercise Clause;
Due Process Clause
265 1977 First National Bank of Boston v. Bellotti,
435 U.S. 765 (1978)
Powell, Lewis Civil Rights Law;
Elections Law
State and Local 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 - Mass. Gen. Laws Ann. ch. 55, § 8 (1977) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
266 1977 Landmark Communications, Inc. v. Virginia,
435 U.S. 829 (1978)
Burger, Warren State and Local Virginia Code § 2.1–37.13 (1973) (Virginia statute making it a misdemeanor to divulge information regarding proceedings before a state judicial review commission) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
267 1977 Marshall v. Barlow's, Inc,
436 U.S. 307 (1978)
White, Byron Labor and Employment Law;
Criminal Law and Procedure
Federal Provision of Occupational Safety and Health Act of 1970 authorizing warantless inspections of workplaces. 29 U.S.C. § 657(a) U.S. Const. amend. IV Search and Seizure Clause
268 1977 Crist v. Bretz,
437 U.S. 28 (1978)
Stewart, Potter Criminal Law and Procedure;
Criminal Law and Procedure
State and Local Montana law providing that jeopardy does not attach until the swearing-in of the first witness - Mont. Code Ann. § 95-1711(3)(d) (1947) U.S. Const. amend. V Double Jeopardy Clause
269 1977 Hicklin v. Orbeck,
437 U.S. 518 (1978)
Brennan, William Civil Rights Law;
Business and Corporate Law
State and Local Alaska statute mandating that state residents be preferred to nonresidents in employment on oil and gas pipeline work - Alaska Hire Act, Alaska Stat. Ann. § 38.40.030(a) (1977) U.S. Const. art. IV, § 2 Privileges and Immunities Clause
270 1977 City of Philadelphia v. New Jersey,
437 U.S. 617 (1978)
Stewart, Potter Business and Corporate Law State and Local New Jersey law prohibiting importation of most solid or liquid waste that was collected or originated out of state - N.J. Stat. Ann. § 13:1I-10 (1978) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
271 1977 Lockett v. Ohio,
438 U.S. 586 (1978)
Burger, Warren Criminal Law and Procedure State and Local Ohio statute requiring imposition of death penalty upon conviction of first-degree murder unless one of three mitigating factors established - Ohio Rev. Code Ann. § 2929.04(B) (1975) U.S. Const. amend. VIII;
U.S. Const. amend. XIV
Cruel and Unusual Punishment Clause;
Due Process Clause
272 1976 Craig v. Boren,
429 U.S. 190 (1976)
Brennan, William Civil Rights Law State and Local Oklahoma law prohibiting the sale of 3.2% alcoholic beer to males under 21 and to females under 18 - Okla. Stat. Tit., 37, §§ 241, 245 (1958 and Supp. 1976) U.S. Const. amend. XIV Equal Protection Clause
273 1976 Connally v. Georgia,
429 U.S. 245 (1977)
Per Curiam Civil Rights Law;
Criminal Law and Procedure
State and Local 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 - Ga. Code Ann. § 24-1601 (1971) U.S. Const. amend. IV;
U.S. Const. amend. XIV
Search and Seizure Clause;
Due Process Clause
274 1976 Boston Stock Exchange v. State Tax Commission,
429 U.S. 318 (1977)
White, Byron Securities Law State and Local 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 - N.Y. Tax Law § 270-a (McKinney 1976) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
275 1976 Califano v. Goldfarb,
430 U.S. 199 (1977)
Brennan, William Pensions and Benefits Law Federal 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. 42 U.S.C. § 402(f)(1)(D). U.S. Const. amend. V Due Process Clause;
Equal Protection Clause
276 1976 Wooley v. Maynard,
430 U.S. 705 (1977)
Burger, Warren Civil Rights Law State and Local New Hampshire law requiring that state license plates bear the motto “Live Free or Die” and making it a misdemeanor to obscure the motto - N.H. Rev. Stat. Ann. §§ 262:27-c, 263:1 (1975) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
277 1976 Trimble v. Gordon,
430 U.S. 762 (1977)
Powell, Lewis Civil Rights Law;
Real Property Law
State and Local Illinois law requring that illegitimate children could inherit by intestate succession only from their mothers while legitimate children could take from both parents - Illinois Probate Act, Ill. Rev. Stat. ch. 3, § 12 (1973) U.S. Const. amend. XIV Equal Protection Clause
278 1976 United States Trust Company of New York v. New Jersey,
431 U.S. 1 (1977)
Blackmun, Harry Contracts Law State and Local 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 - 1974 N.J.Laws, ch. 25 U.S. Const. art. I, § 10, cl. 1 Contract Clause
279 1976 Abood v. Detroit Board of Education,
431 U.S. 209 (1977)
Stewart, Potter Civil Rights Law;
Labor and Employment Law
State and Local 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 - Mich.Comp.Laws § 432.210(1)(c) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
280 1976 Moore v. City of East Cleveland,
431 U.S. 494 (1977)
Powell, Lewis Civil Rights Law State and Local East Cleveland zoning ordinance limiting housing occupancy to members of a single family and restrictively defining family to a few categories of individuals - East Cleveland, Ohio, Housing Code § 1341.08 U.S. Const. amend. XIV Due Process Clause;
Takings Clause
281 1976 Roberts v. Louisiana,
431 U.S. 633 (1977)
Per Curiam Civil Rights Law;
Criminal Law and Procedure
State and Local Louisiana statute imposing a mandatory death sentence for convictions of first-degree murder - La. Rev. Stat. Ann. § 14:30(2) (1974) U.S. Const. amend. VIII;
U.S. Const. amend. XIV
Cruel and Unusual Punishment Clause;
Due Process Clause
282 1976 Carey v. Population Services International,
431 U.S. 678 (1977)
Brennan, William Civil Rights Law State and Local 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 - N.Y. Educ. Law § 6811(8) (McKinney 1972) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
283 1976 Lefkowitz v. Cunningham,
431 U.S. 801 (1977)
Burger, Warren Civil Rights Law;
Elections Law
State and Local 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 - N.Y. Elec. Law § 22 (McKinney 1964) U.S. Const. amend. V;
U.S. Const. amend. XIV
Self-Incrimination Clause;
Due Process Clause
284 1976 Linmark Associates, Inc. v. Township of Willingboro,
431 U.S. 85 (1977)
Marshall, Thurgood Civil Rights Law State and Local Wilingboro, New Jersey ordinance prohibiting “For Sale” and “Sold” signs in order to prevent what the township perceived as flight of white homeowners - Willingboro, N.J., Ordinance 5-1974 U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
285 1976 Nyquist v. Mauclet,
432 U.S. 1 (1977)
Blackmun, Harry Civil Rights Law;
Education Law
State and Local 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 - N.Y. Educ. Law § 661(3) (McKinney 1976) U.S. Const. amend. XIV Equal Protection Clause
286 1976 Hunt v. Washington State Apple Advertising Commission,
432 U.S. 333 (1977)
Burger, Warren Business and Corporate Law State and Local 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 - N.C. Gen. Stat. § 106-189.1 (1973) U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
287 1976 Shaffer v. Heitner,
433 U.S. 186 (1977)
Marshall, Thurgood State and Local 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
288 1976 Wolman v. Walter,
433 U.S. 229 (1977)
Blackmun, Harry Civil Rights Law;
Education Law
State and Local 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 - Ohio Rev. Code Ann. § 3317.06(B), (C), (L) (Supp. 1976) U.S. Const. amend. I;
U.S. Const. amend. XIV
Establishment Clause;
Due Process Clause
289 1976 Coker v. Georgia,
433 U.S. 584 (1977)
White, Byron Civil Rights Law;
Criminal Law and Procedure
State and Local Georgia statute authorizing the death penalty as punishment for rape - Ga. Code Ann. § 26-2001 (1972) U.S. Const. amend. VIII;
U.S. Const. amend. XIV
Cruel and Unusual Punishment Clause;
Due Process Clause
290 1975 Turner v. Department of Employment Security of Utah,
423 U.S. 44 (1975)
Per Curiam Labor and Employment Law;
Civil Rights Law
State and Local Utah law making pregnant women ineligible for unemployment compensation from twelve weeks before the expected date of childbirth until six weeks after childbirth - Utah Code Ann. § 35-4-5(h) (1) (1974) U.S. Const. amend. XIV Due Process Clause
291 1975 Buckley v. Valeo,
424 U.S. 1 (1976)
Per Curiam Elections Law Federal Provision of election statute limiting financial contributions to political candidates, 18 U.S.C. §§ 608(a), (c), and (e)(1); statutes creating Federal Election Commission, vesting in it enforcement powers, and allowing legislative branch alone to appoint six members of Commission, 2 U.S.C. § 437(c). U.S. Const. art. II, § 2, cl. 2;
U.S. Const. amend. I
Appointments Clause;
Free Speech Clause
292 1975 Great Atlantic & Pacific Tea Co. v. Cottrell,
424 U.S. 366 (1976)
Brennan, William Contracts Law State and Local Mississippi regulation prohibiting the sale of milk and milk products from another state unless the other State accepts milk and milk products from Mississippi U.S. Const. art. I, § 8, cl. 3 Dormant Commerce Clause
293 1975 Mckinney v. Alabama,
424 U.S. 669 (1976)
Rehnquist, William Civil Rights Law;
Criminal Law and Procedure
State and Local 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 - Ala.Code, Tit. 14, § 374(4) (Supp.1973); Ala. Code, Tit. 14, c. 64A U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
294 1975 Hynes v. Mayor of Oradell,
425 U.S. 610 (1976)
Burger, Warren Civil Rights Law State and Local Borough of Oradell, New Jersey 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 - Ordinance No. 598A U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
295 1975 Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.,
425 U.S. 748 (1976)
Blackmun, Harry Civil Rights Law;
Healthcare Law
State and Local Virginia statute declaring it unprofessional conduct for a licensed pharmacist to advertise the price of prescription drugs - Va. Code Ann. §§ 54-524.35 U.S. Const. amend. I Free Speech Clause
296 1975 Examining Board of Engineers, Architects and Surveyors v. Flores De Otero,
426 U.S. 572 (1976)
Blackmun, Harry Civil Rights Law;
Labor and Employment Law
State and Local Puerto Rico statute barring non-United States citizens from practicing as civil engineers in a private capacity - P. R. Laws Ann., Tit. 20, 681-710 (Supp. 1973) U.S. Const. amend. V;
U.S. Const. amend. XIV
Due Process Clause;
Equal Protection Clause
297 1975 National League of Cities v. Usery,
426 U.S. 833 (1976)
Rehnquist, William Labor and Employment Law Federal Statutory provisions extending minimum wage and maximum hour standards to employees of state and local governments. 29 U.S.C. §§ 203(s)(5), (x) (1970 ed., Supp. IV). U.S. Const. art. I, § 8, cl. 3;
U.S. Const. art. I, § 8, cl. 18
Commerce Clause;
Necessary and Proper Clause
298 1975 Hampton v. Mow Sun Wong,
426 U.S. 88 (1976)
Stevens, John Labor and Employment Law;
Civil Rights Law
Federal Regulation of U.S. Civil Service Commission excluding from federal employment all persons except American citizens and natives of American Samoa. 5 C.F.R. § 338.101(a) (1976). U.S. Const. amend. V Due Process Clause
299 1975 Woodson v. North Carolina,
428 U.S. 280 (1976)
Stewart, Powell, Lewis, & Stevens, John Civil Rights Law;
Criminal Law and Procedure
State and Local North Carolina statute making the death penalty mandatory upon conviction of first-degree murder - N.C. Gen. Stat. §§ 14-17 (Cum. Supp. 1975) U.S. Const. amend. VIII;
U.S. Const. amend. XIV
Due Process Clause
300 1975 Roberts v. Louisiana,
428 U.S. 325 (1976)
Stewart, Powell, Lewis, & Stevens, John Civil Rights Law;
Criminal Law and Procedure
State and Local Louisiana statute making the death penalty mandatory upon conviction of first-degree murder - La. Rev. Stat. Ann. §§ 14:30, 14:42, 14:44, 14:113 (1974) U.S. Const. amend. VIII;
U.S. Const. amend. XIV
Due Process Clause
301 1975 Planned Parenthood of Central Missouri v. Danforth,
428 U.S. 52 (1976)
Blackmun, Harry Civil Rights Law;
Family Law
State and Local 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 - House Committee Substitute for House Bill No. 1211 U.S. Const. amend. XIV Due Process Clause
302 1974 Taylor v. Louisiana,
419 U.S. 522 (1975)
White, Byron Criminal Law and Procedure State and Local 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. (La. Const., Art. VII, § 41, and La. Code Crim. Proc., Art. 402) U.S. Const. amend. XIV;
U.S. Const. amend. XVI
Jury Trial
303 1974 Goss v. Lopez,
419 U.S. 565 (1975)
White, Byron Education Law State and Local Ohio statute authorizing suspension without a hearing of public school students for up to 10 days for misconduct. (Ohio Rev. Code Ann. § 3313.66 (1972)) U.S. Const. amend. XIV Due Process Clause
304 1974 North Georgia Finishing, Inc. v. Di-Chem, Inc.,
419 U.S. 601 (1975)
White, Byron Civil Procedure State and Local 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. (Ga. Code Ann. §§ 46-101 through 46-104, 46-401) U.S. Const. amend. XIV Due Process Clause
305 1974 Gerstein v. Pugh,
420 U.S. 103 (1975)
Powell, Lewis Criminal Law and Procedure State and Local Florida procedures under which a person arrested without a warrant and charged by information could be jailed or subjected to other restraints pending trial without any opportunity for a probable cause determination. (Fla. Rule Crim. Proc. 3.140 (a)) U.S. Const. amend. IV;
U.S. Const. amend. XIV
306 1974 Weinberger v. Wiesenfeld,
420 U.S. 636 (1975)
Brennan, William Pensions and Benefits Law;
Civil Rights Law
Federal 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. 42 U. S. C. § 402(g). U.S. Const. amend. V Due Process Clause
307 1974 Austin v. New Hampshire,
420 U.S. 656 (1975)
Marshall, Thurgood Transportation Law;
Tax Law
State and Local The New Hampshire Commuters Income Tax, which imposed a tax on nonresidents' New Hampshire-derived income. (N. H. Rev. Stat. Ann. § 77-B:2 II (1971)) U.S. Const. art. IV Privileges and Immunities Clause
308 1974 Hill v. Stone,
421 U.S. 289 (1975)
Marshall, Thurgood Elections Law State and Local 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. (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) U.S. Const. amend. XIV Equal Protection Clause
309 1974 Meek v. Pittenger,
421 U.S. 349 (1975)
Stewart, Potter Education Law State and Local 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. (Pa. Stat. Ann., Tit. 24, § 9-972) U.S. Const. amend. I;
U.S. Const. amend. XIV
Establishment Clause
310 1974 United States v. Tax Commission of Mississippi,
421 U.S. 599 (1975)
Brennan, William Tax Law State and Local 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 U.S. Const. art. VI Supremacy Clause
311 1974 Stanton v. Stanton,
421 U.S. 7 (1975)
Blackmun, Harry Family Law State and Local 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. (Utah Code Ann. § 15-2-1 (1953)) U.S. Const. amend. XIV Equal Protection Clause
312 1974 Erznoznik v. City of Jacksonville,
422 U.S. 205 (1975)
Powell, Lewis Civil Rights Law State and Local 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. (Jacksonville, Fla., Ordinance 330.313 (1972)) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause
313 1974 Herring v. New York,
422 U.S. 853 (1975)
Stewart, Potter Criminal Law and Procedure State and Local 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. (N. Y. Crim. Proc. Law § 320.20 (3)(c) (1971)) U.S. Const. amend. XIV;
U.S. Const. amend. XVI
Right to Counsel
314 1973 Plummer v. City of Columbus,
414 U.S. 2 (1973)
Per Curiam Civil Rights Law State and Local City ordinance of Columbus, Ohio prohibiting a person from abusing through the use of "menacing, insulting, slanderous, or profane language." (Columbus City Code § 2327.03) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause
315 1973 Communist Party of Indiana v. Whitcomb,
414 U.S. 441 (1974)
Brennan, William Elections Law State and Local Indiana statute prescribing a loyalty oath as a qualification for access to the ballot. (Ind. Ann. Stat. § 29-3812 (1969)) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Free Press Clause
316 1973 Kusper v. Pontikes,
414 U.S. 51 (1973)
Stewart, Potter Elections Law State and Local 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. (§ 7-43 (d) of the Illinois Election Code) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause
317 1973 O'Brien v. Skinner,
414 U.S. 524 (1974)
Burger, Warren Elections Law State and Local 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. (N. Y. Election Law § 117 (1)(b) (1964)) U.S. Const. amend. XIV Equal Protection Clause
318 1973 Cleveland Board of Education v. LaFleur,
414 U.S. 632 (1974)
Stewart, Potter Civil Rights Law;
Labor and Employment Law
State and Local 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." U.S. Const. amend. XIV Due Process Clause
319 1973 Lefkowitz v. Turley,
414 U.S. 70 (1973)
White, Byron Criminal Law and Procedure;
Government Contracts
State and Local 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. (New York General Municipal Law §§ 103-a and 103-b and New York Public Authorities Law §§ 2601 and 2602) U.S. Const. amend. V;
U.S. Const. amend. XIV
Self-Incrimination Clause;
Due Process Clause
320 1973 Lewis v. City of New Orleans,
415 U.S. 130 (1974)
Brennan, William Civil Rights Law State and Local 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. (New Orleans Ordinance 828 M. C. S. § 49-7) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause
321 1973 Memorial Hospital v. Maricopa County,
415 U.S. 250 (1974)
Marshall, Thurgood Civil Rights Law;
Healthcare Law
State and Local Arizona statute imposing a one-year county residency requirement for indigents' eligibility for nonemergency medical care at state expense. (Ariz. Rev. Stat. Ann. §§ 11-291, 11-297A (Supp. 1973-1974)) U.S. Const. amend. XIV Equal Protection Clause
322 1973 Davis v. Alaska,
415 U.S. 308 (1974)
Burger, Warren Criminal Law and Procedure State and Local Alaska statute protecting the anonymity of juvenile offenders, as applied to prohibit cross-examination of a prosecution witness for possible bias. (Alaska Rule of Children's Procedure 23 and Alaska Stat. § 47.10.080 (g) (1971)) U.S. Const. amend. XIV;
U.S. Const. amend. XVI
Confrontation Clause
323 1973 Smith v. Goguen,
415 U.S. 566 (1974)
Powell, Lewis Civil Rights Law State and Local Massachusetts statute punishing anyone who treats the flag “contemptuously” without anchoring the proscription to specified conduct and modes. (Mass. Gen. Laws Ann., c. 264, § 5) U.S. Const. amend. XIV Due Process Clause
324 1973 Lubin v. Panish,
415 U.S. 709 (1974)
Burger, Warren Elections Law State and Local California statute imposing a filing fee as the only means to get on the ballot. (Cal. Elections Code § 6551) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Equal Protection Clause
325 1973 Procunier v. Martinez,
416 U.S. 396 (1974)
Powell, Lewis Criminal Law and Procedure State and Local Rules relating to the censorship of prisoner mail and a ban against attorney-client interviews conducted by law students or legal paraprofessionals. (Rule 2401 & 2402 of the California Department of Corrections; Administrative Rule MV-IV-02) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause;
Due Process Clause
326 1973 Jimenez v. Weinberger,
417 U.S. 628 (1974)
Burger, Warren Pensions and Benefits Law Federal 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. 42 U.S.C. § 416(h)(3)(B). U.S. Const. amend. V Due Process Clause;
Equal Protection Clause
327 1973 Miami Herald Publishing Co. v. Tornillo,
418 U.S. 241 (1974)
Burger, Warren Civil Rights Law State and Local Florida statute compelling newspapers to publish free replies by political candidates criticized by newspapers. (Fla. Stat. Ann. § 104.38 (1973)) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Press Clause
328 1973 Wolff v. McDonnell,
418 U.S. 539 (1974)
White, Byron Civil Rights Law State and Local Certain Nebraska prison disciplinary procedures. U.S. Const. amend. XIV Due Process Clause
329 1972 Ward v. Village of Monroeville,
409 U.S. 57 (1972)
Brennan, William Civil Rights Law State and Local Ohio statute authorizing the mayor to sit as judge at trials for traffic offenses. (Ohio Rev.Code Ann. §§ 1905.01 et seq. (1968)) U.S. Const. amend. XIV Due Process Clause
330 1972 Evco v. Jones,
409 U.S. 91 (1972)
Per curiam Tax Law State and Local 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. (N.M. Stat.Ann. §§ 72—16A—1 to 72—16A—19, 1953 Compilation (Supp.1971)) U.S. Const. art. I Dormant Commerce Clause
331 1972 Roe v. Wade,
410 U.S. 113 (1973)
Blackmun, Harry Family Law;
Civil Rights Law
State and Local 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. (Vernon's Ann. Tex. P.C. arts. 1191–1194, 1196) U.S. Const. amend. XIV Due Process Clause
332 1972 Doe v. Bolton,
410 U.S. 179 (1973)
Blackmun, Harry Family Law;
Civil Rights Law
State and Local Portions of Georgia statutes criminalizing abortions but permitting them under prescribed circumstances. (Portions of Code Ga. §§ 26--1201 through 26--1203) U.S. Const. amend. XIV Equal Protection Clause
333 1972 Papish v. Board of Curators of the Universtiy of Missouri,
410 U.S. 667 (1973)
Per curiam Civil Rights Law State and Local A bylaw of a university board of curators that prohibited distribution of materials containing "indecent speech." U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause
334 1972 New Jersey Welfare Rights Organization v. Cahill,
411 U.S. 619 (1973)
Per curiam Family Law State and Local New Jersey statute denying assistance to families in which parents are not ceremonially married, among other qualifications. (N.J.Stat.Ann. s 44:13—1 et seq.) U.S. Const. amend. XIV Equal Protection Clause
335 1972 Frontiero v. Richardson,
411 U.S. 677 (1964)
Brennan, William Civil Rights Law;
Family Law
Federal 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. 37 U.S.C. §§ 401, 403; 10 U.S.C. §§ 1072, 1076. U.S. Const. amend. V Due Process Clause
336 1972 Vlandis v. Kline,
412 U.S. 441 (1973)
Stewart, Potter Education Law State and Local 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. (Conn.Gen.Stat.Rev. s 10—329(b) (Supp.1969), as amended by Public Act No. 5, § 126 (June Sess. 1971)) U.S. Const. amend. XIV Due Process Clause
337 1972 Wardius v. Oregon,
412 U.S. 470 (1973)
Marshall, Thurgood Criminal Law and Procedure State and Local 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. (Ore.Rev.Stat. § 135.875) U.S. Const. amend. XIV Due Process Clause
338 1972 White v. Regester,
412 U.S. 755 (1973)
White, Byron Elections Law State and Local 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. U.S. Const. amend. XIV Equal Protection Clause
339 1972 White v. Weiser,
412 U.S. 783 (1973)
White, Byron Elections Law State and Local Texas congressional districting law. (S.B. 1, Tex.Acts, 62d Leg., 1st Called Sess., c. 12, p. 38) U.S. Const. art. I, § 2 Composition and Election of Members
340 1972 Levitt v. Committee for Public Education and Religious Liberty,
413 U.S. 472 (1973)
Burger, Warren Education Law State and Local 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. (New York Laws 1970, c. 138, § 2) U.S. Const. amend. I;
U.S. Const. amend. XIV
Establishment Clause
341 1972 United States Department of Agriculture v. Murry,
413 U.S. 508 (1973)
Douglas, William Pensions and Benefits Law Federal 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. 7 U.S.C. § 2014(b). U.S. Const. amend. V Due Process Clause
342 1972 United States Department of Agriculture v. Moreno,
413 U.S. 528 (1973)
Brennan, William Pensions and Benefits Law Federal 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. 7 U.S.C. § 2012(e). U.S. Const. amend. V Due Process Clause;
Equal Protection Clause
343 1972 Sugarman v. Dougall,
413 U.S. 634 (1973)
Blackmun, Harry Civil Rights Law;
Labor and Employment Law
State and Local New York statute providing that only United States citizens may hold permanent positions in competitive civil service. (N.Y. Civ. Serv. Law § 53 (Supp. 1972-1973)) U.S. Const. amend. XIV Equal Protection Clause
344 1972 In re Griffiths,
413 U.S. 717 (1973)
Powell, Lewis Civil Rights Law State and Local Connecticut legal bar rule restricting bar admission to United States citizens. Rule 8(1) of the Connecticut Practice Book (1963) [STATE BAR REQS: see also 413 U.S. 717; 470 U.S. 274; 486 U.S. 466; 487 U.S. 59; 489 U.S. 546] U.S. Const. amend. XIV Equal Protection Clause
345 1972 Committee for Public Education and Religious Liberty v. Nyquist,
413 U.S. 756 (1973)
Powell, Lewis Education Law;
Tax Law
State and Local 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. ((N.Y.Laws 1972, c. 414, §§ 1 - 5)) U.S. Const. amend. I;
U.S. Const. amend. XIV
Establishment Clause
346 1972 Sloan v. Lemon,
413 U.S. 825 (1973)
Powell, Lewis Education Law State and Local Pennsylvania statute providing for reimbursement of parents for portion of tuition expenses in sending children to nonpublic schools. (Pa. Laws 1971, Act 92, Pa. Stat. Ann., Tit. 24, ss 5701—5709 (Supp. 1973—1974)) U.S. Const. amend. I;
U.S. Const. amend. XIV
Establishment Clause
347 1971 Groppi v. Leslie,
404 U.S. 496 (1972)
Burger, Warren State and Local 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. (Wis. Assembly Res. Of Oct. 1, 1969, Special Sess.) U.S. Const. amend. XIV Due Process Clause
348 1971 Reed v. Reed,
404 U.S. 71 (1971)
Burger, Warren Civil Rights Law State and Local Idaho statute giving preference to males over females for appointment as administrator of a decedent's estate (I.C. § 15-314) U.S. Const. amend. XIV Equal Protection Clause
349 1971 Bullock v. Carter,
405 U.S. 134 (1972)
Burger, Warren Elections Law State and Local 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. (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)) U.S. Const. amend. XIV Equal Protection Clause
350 1971 Papachristou v. City of Jacksonville,
405 U.S. 156 (1972)
Douglas, William Civil Rights Law State and Local Jacksonville, Florida vagrancy ordinance covering various generalized offenses. (Jacksonville Ordinance Code § 26-57) U.S. Const. amend. XIV Due Process Clause
351 1971 Dunn v. Blumstein,
405 U.S. 330 (1972)
Marshall, Thurgood Elections Law State and Local Tennessee's one-year residency requirement as a condition of registration to vote. (Tenn. Const. Art. IV, § 1; Tenn.Code Ann. § 2-201 (Supp. 1970)) U.S. Const. amend. XIV Equal Protection Clause
352 1971 Eisenstadt v. Baird,
405 U.S. 438 (1972)
Brennan, William Civil Rights Law State and Local Massachusetts statute making it a crime to dispense any contraceptive article to an unmarried person, except to prevent disease. (Mass. Gen. Laws Ann., c. 272, § 21) U.S. Const. amend. XIV Equal Protection Clause
353 1971 Gooding v. Wilson,
405 U.S. 518 (1972)
Brennan, William Criminal Law and Procedure State and Local 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." (Ga. Code Ann. § 26-6303) U.S. Const. amend. I;
U.S. Const. amend. XIV
Free Speech Clause
354 1971 Lindsey v. Normet,
405 U.S. 56 (1972)
White, Byron Civil Rights Law State and Local 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. (Ore. Rev. Stat. § 105.160) U.S. Const. amend. XIV Equal Protection Clause
355 1971 Stanley v. Illinois,
405 U.S. 645 (1972)
White, Byron Family Law State and Local 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. (Ill.Rev.Stat., c. 37 §§ 701-14 (definition), 702-1, 702-4, 702-5, 705-8). The case turned on the interplay between the definition of "parent" and the relevant procedures. U.S. Const. amend. XIV Due Process Clause;
Equal Protection Clause
356 1971 Weber v. AETNA Casualty and Surety Company,
406 U.S. 164 (1972)
Powell, Lewis Workers' Compensation and Social Security;
Family Law
State and Local Louisiana workmen's compensation statute, which relegates unacknowledged illegitimate children to a status inferior to legitimate and acknowledged illegitimate children. (Louisiana Civil Code Articles 203, 204, and 205) U.S. Const. amend. XIV Equal Protection Clause
357 1971 Brooks v. Tennessee,
406 U.S. 605 (1972)
Brennan, William Criminal Law and Procedure State and Local Tennessee statute that requires a criminal defendant who chooses to testify to do so before any other witness for him. (Tenn. Code Ann. § 40-2403 (1955)) U.S. Const. amend. V;
U.S. Const. amend. XIV
Self-Incrimination Clause;
Due Process Clause
358 1971 Jackson v. Indiana,
406 U.S. 715 (1972)
Blackmun, Harry Criminal Law and Procedure;
Civil Rights Law
State and Local 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. (Ind. Ann. Stat. § 9-1706a (Supp. 1971) (recodified at Ind. Code 35-5-3-2 (1971)) U.S. Const. amend. XIV Due Process Clause
359 1971 James v. Strange,
407 U.S. 128 (1972)
Powell, Lewis Civil Rights Law State and Local Kansas statute enabling the state to recover in subsequent civil proceedings legal defense fees for indigent defendants. (Kan. Stat. Ann. § 22-4513) U.S. Const. amend. XIV Equal Protection Clause
360 1971 United States v. Scotland Neck City Board of Education,
407 U.S. 484 (1972)
Stewart, Potter Civil Rights Law;
Education Law
State and Local North Carolina statute concerning the creation of a new school district that the district court had found would impede disestablishment of desegregation efforts. (1969 N.C. Sess. Laws ch. 31) U.S. Const. amend. XIV Equal Protection Clause
361 1971 Fuentes v. Shevin,
407 U.S. 67 (1972)
Stewart, Potter Civil Rights Law State and Local 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. (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) U.S. Const. amend. XIV Due Process Clause
362 1971 Grayned v. City of Rockford,
408 U.S. 104 (1972)
Marshall, Thurgood Civil Rights Law State and Local Rockford ordinance referred to as an "antipicketing" ordinance. (Code of Ordinances, c. 28, s 18.1(i)) U.S. Const. amend. XIV Equal Protection Clause
363 1971 Furman v. Georgia,
408 U.S. 238 (1972)
Per curiam Criminal Law and Procedure State and Local Georgia and Texas statutes providing for the imposition of the death penalty. (Code Ga. §§ 26-1005, 26-1302; Vernon's Ann.Tex.P.C. art. 1189) U.S. Const. amend. VIII;
U.S. Const. amend. XIV
Cruel and Unusual Punishment Clause;
Due Process Clause
364 1971 Moore v. Illinois,
408 U.S. 786 (1972)
Blackmun, Harry Criminal Law and Procedure State and Local Illinois statute providing for imposition of the death penalty. (no citation given) U.S. Const. amend. VIII;
U.S. Const. amend. XIV
Cruel and Unusual Punishment Clause;
Due Process Clause
365 1971 Police Department of Chicago v. Mosley,
408 U.S. 92 (1972)
Marshall, Thurgood Civil Rights Law State and Local Chicago ordinance prohibiting all picketing within a certain distance of any school except labor picketing while school was in session. (Chicago Municipal Code, c. 193-1(i) (1971)) U.S. Const. amend. XIV Equal Protection Clause