922. A district court decision holding unconstitutional under the Commerce Clause a Texas statute forbidding anyone to withdraw water from any underground sources in state without authorization of legislature is affirmed. Justices concurring: Stewart, Douglas, Harlan, Brennan, White, Marshall Justices concurring specially: Blackmun, Burger, C.J. 801. 567. Justices dissenting: Rehnquist, White, Powell, O’Connor. Based in Washington, D.C., with affiliated offices in Israel, Russia, France, Pakistan, and Zimbabwe, the ACLJ is pro-life and dedicated to the ideal that religious freedom and freedom of speech are inalienable, God-given rights for all people. 228. Parham v. Cortese, 407 U. S. 67 (1972). Justices concurring: Roberts, C.J., Kennedy, Breyer, Alito, Sotomayor Justices dissenting: Scalia, Thomas, Ginsburg, Kagan. Foster-Fountain Packing Co. v. Haydel, 278 U. S. 1 (1928). 378. 433. Central of Georgia Ry. 109. Same division of Justices as in Lomenzo, except Justice Stewart concurring specially. 814. South Carolina law making mental anguish resulting from negligent non-delivery of a telegram a cause of action could not be invoked to support an action for negligent non-delivery in the District of Columbia, an area beyond the jurisdiction of South Carolina and, consistent with due process, removed from the scope of its legislative power. 2. Wisconsin v. Philadelphia & Reading Coal Co., 241 U. S. 329 (1916). Three congressional districts created by Texas law constitute racial gerrymanders that are unconstitutional under the Equal Protection Clause. Justices concurring: O’Connor, Scalia, Kennedy, Souter (point-of-sale restrictions only), Thomas Democrats’ so-called “For the People Act,” H.R. Justice dissenting: McReynolds. Chicago, B. Memphis Steam Laundry v. Stone, 342 U. S. 389 (1952). 149. Brandenburg v. Ohio, 395 U. S. 444 (1969). Alabama failed to establish that the discrimination against interstate commerce is justified by any factor other than economic protectionism, and failed to show that its valid interests (e. g., protection of health, safety, and the environment) can not be served by less discriminatory alternatives. Oregon Waste Systems, Inc. v. Department of Envtl. Louisiana act of 1906 repealing prior act of 1858 and sequestering with compensation certain property acquired by a canal company under the repealed enactment impaired an obligation of contact. 581 (1874). United States ex rel. Hall v. Florida, 572 U. S. ___, No. 112. 364. Justices concurring: Clifford, Miller, Field, Bradley, Swayne, Strong, Hunt Justices dissenting: Waite, C.J., Davis. Justices concurring: Waite, C.J., Swayne, Bradley, Strong, Miller 441. As applied to interstate trains, this law contravenes the Commerce Clause. The Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the inside story of the Brett Kavanaugh confirmation battle and the Republican plot to take over the Supreme Court—thirty years in the ... 426. Dinis v. Volpe, 389 U. S. 570 (1968). 549. A Wisconsin statute as interpreted to permit revocation of parole without a hearing denies due process of law. London Guarantee & Accident Co. v. Industrial Comm’n, 279 U. S. 109 (1929). A district court decision invalidating, as impermissibly burdening the right to vote and the right to travel, a Vermont one-year residency requirement for voting, is summarily affirmed. Dist. A state must demonstrate “exceedingly persuasive justification” for gender discrimination, and Virginia has failed to do so in this case. Lubin v. Panish, 415 U. S. 709 (1974). Mississippi statutes that condition appeals from trial court decrees terminating parental rights on the affected parent’s ability to pay for preparation of a trial transcript violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment. Hawaii’s excise tax on wholesale liquor sales, exempting sales of specified local products, violates the Commerce Clause by discriminating in favor of local commerce. Effinger v. Kenney, 115 U. S. 566 (1885). A Kentucky statute prohibiting candidates from offering material benefits to voters in consideration for their votes violates the First Amendment’s freedom of speech clause as applied to a candidate’s promise to serve at a salary less than that fixed by law if elected. Justices concurring: McReynolds, Sutherland, Van Devanter, Butler, Hughes, C.J. An Indiana statute requiring all abortions, including those during first trimester of pregnancy, to be performed in a hospital or licensed health facility was held unconstitutional by the district court and decision is summarily affirmed. Justices concurring: Miller, Field, Harlan, Gray, Blatchford, Lamar, Fuller, C.J. Harman v. Forssenius, 380 U. S. 528 (1965). 139. Fritz, 274 U. S. 12 (1927). Justices dissenting: Davis, Strong. 76. 859. Attorney General of New York v. Soto-Lopez, 476 U. S. 898 (1986). v. Kennedy, 232 U. S. 626 (1914). Justices concurring: Brennan, Stewart, Marshall, Blackmun, Powell, Stevens Justices dissenting: White, Rehnquist, Burger, C.J. Hurley v. Irish-American Gay Group, 515 U. S. 557 (1995). v. Hall, 368 U. S. 515 (1962). 510. A Virginia statute making it a misdemeanor, by sale or circulation of any publication, to encourage or prompt the procuring of an abortion, as applied to the editor of a weekly newspaper who published an advertisement of an outofstate abortion, violates the First Amendment. 145. United States v. Scotland Neck City Bd. 2, prohibiting state import duties, and the Commerce Clause, when enforced against a foreign corporation, whose sole business in Alabama consisted of the landing, storing, and selling in original packages of goods imported from abroad. Nebraska 344. Dewey v. City of Des Moines, 173 U. S. 193 (1899). 107. Panhandling Laws have been overturned by many federal judges that noted them to be in violation of our 1st and 14th amendments. I for one.....agree... Justices concurring: Butler, Sutherland, Sanford, Van Devanter, McReynolds Justices dissenting: Holmes, Brandeis. 200. 802. Robertson v. Miller, 276 U. S. 174 (1928). A Louisiana law that abolished a requirement that building and loan associations, when income was insufficient to pay all demands of withdrawing stockholders within 60 days, set apart 50% of receipts to pay such withdrawals and provided, instead, that the directors be vested with sole discretion as to the amount to be allocated for such withdrawals, impaired the obligation of contract as to a stockholder who, prior to the amendment, gave notice of withdrawal and whose demand had not been paid. Farmers Loan Co. v. Minnesota, 280 U. S. 204 (1930). 163. 461 (1861). . Camps Newfound/Owatonna, Inc. v. Town of Harrison, 520 U. S. 564 (1997). A Nebraska statute setting intrastate freight rates was held to impose rates so low as to be unreasonable and to amount to a deprivation of property without due process of law. Justices dissenting: Holmes, Pitney, Clarke, Brandeis. Justices concurring: Stone, C.J., Roberts, Reed, Frankfurter, Murphy, Jackson, Rutledge Nevertheless, so long as an unconstitutional law remains on the books, the editor’s notes and the annotations will notify the reader of the court’s decision. Execution of a mentally retarded individual constitutes cruel and unusual punishment prohibited by the Eighth Amendment. Justice dissenting: White. Well, that was an enjoyable survey of Federal legislation. 941. Wabash, St. L. & P. Ry. Frost v. Corporation Comm’n, 278 U. S. 515 (1929). While the court ultimately upheld the statute against the constitutional challenge, it 692. An Indiana gross receipts tax law could not constitutionally be applied to gross receipts derived by an Indiana corporation from sales in other states of goods manufactured in Indiana; as thus applied the law burdened interstate commerce. 539 (1842). A Georgia statute directing certain trials in criminal cases to be before five-person juries unconstitutionally impairs the right to trial by jury. Justices concurring: Holmes, Day, Van Devanter, McKenna, McReynolds, Taft, C.J. 329. Justices concurring: Vinson, C.J., Black, Frankfurter, Douglas, Murphy, Rutledge, Burton Parish School Bd. A Utah statute making pregnant women ineligible for unemployment compensation for a period extending from 12 weeks before expected childbirth until six weeks following violates the Fourteenth Amendment’s Due Process Clause. Justices concurring: Harlan, Gray, Brown, Shiras, White, McKenna, Peckham Justices dissenting: Brewer, Fuller, C.J. 773. Court of Appeals for the Armed Forces IV. 10. Justices concurring: Fuller, C.J., Brewer, Brown, Shiras, White, Peckham, McKenna Justices dissenting: Gray, Harlan. Mills v. Habluetzel, 456 U. S. 91 (1982). Justices dissenting: Cardozo, Brandeis, Stone. Western Union Tel. Infrastructure laws are unconstitutional. Ashcroft v. Freiman, 440 U. S. 941 (1979). A Pennsylvania law that imposed a tax on freight transported interstate, into and out of Pennsylvania, was an invalid regulation of interstate commerce. Justices dissenting: Brandeis, Clarke. Essex v. Wolman, 409 U. S. 808 (1972). By definition there are no such laws, merely laws likely to be declared unconstitutional once reviewed by the relevant court and invalidated, or la... Justices concurring in part and dissenting in part: O’Connor, Rehnquist, Ste- An Arizona statute that compelled establishments hiring five or more workers to reserve 80 percent of the employment opportunities to U. S. citizens denied aliens equal protection of the laws. Norwood v. Baker, 172 U. S. 269 (1898). Washington statutes requiring state employees to swear that they are not subversive persons and requiring teachers to swear to promote by precept and example respect for flag and institutions of United States and Washington, reverence for law and order, and undivided allegiance to Federal Government, are void for vagueness. Mills v. Alabama, 384 U. S. 214 (1966). Justices concurring: Harlan (separately), Stewart (separately), Frankfurter (separately), Clark (separately). Justices concurring: Blackmun, Brennan, Marshall, Powell, Stevens Justices dissenting: Burger, C.J., White, Rehnquist, O’Connor. Two provisions of Illinois’ election law unconstitutionally infringe on the right of ballot access guaranteed under the First and Fourteenth Amendments. Austin v. New Hampshire, 420 U. S. 656 (1975). Consolidate functions related to federal lands in the Department of the Interior, and repeal all functions as they affect all lands not held by the federal government. Pennsylvania’s 6-year statute of limitations for paternity actions violates the Equal Protection Clause as insufficiently justified under heightened scrutiny review. Justices dissenting: Brewer, Gray. Justices concurring: Butler, Sutherland, Sanford, Stone, Van Devanter, Holmes, Brandeis, Taft, C.J. A 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 violates the Sixth Amendment. Here is the first account of how this money is actually spent. Louis Fisher writes: "When it comes to the administration of the budget, we find nothing that is obvious, very little that is visible. Our priorities here are peculiar. 860. North Dakota law compelling carriers to haul certain commodities at less than compensatory rates deprived them of property without due process. 95. Justices concurring: White, Blackmun, Stevens, O’Connor, Kennedy, Souter Justices dissenting: Rehnquist, C.J., Scalia, Thomas. An Arkansas law that revoked the license of a foreign corporation to do business in that state whenever it resorted to the federal courts sitting in that state exacted an unconstitutional condition. Rice v. Cayetano, 528 U. S. 495 (2000). Justices dissenting: Brandeis, Holmes. Justices who write or join the majority or plurality opinion are listed under “Justices concurring”, whether or not they write separate concurring opinions, and Justices who do not join the majority or plurality opinion, but write separate opinions concurring in the result, are listed under “Justices specially concurring.” Previous editions contained only two lists, one for cases holding state laws unconstitutional or preempted by federal law, and one for unconstitutional or preempted local laws. 878. 450. Justice dissenting: Rehnquist. 635. (2015). What Does Unconstitutional Mean? 887. A New York State law creating a special school district for an incorporated village composed exclusively of members of one small religious sect violates the Establishment Clause. The district court correctly held that race predominated over legitimate districting considerations, including incumbency, and consequently strict scrutiny applies. Wachovia Bank & Trust Co. v. Doughton, 272 U. S. 567 (1926). 908. 511. A Wisconsin income tax law that authorized an assessment against a husband of a tax computed on the combined total of his and his wife’s incomes, augmented by surtaxes resulting from the combination, notwithstanding that under the laws of Wisconsin the husband had no interest in, or control over, the property or income of his wife, violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Justice dissenting: Burton. I, § 8, cl. Birchfield v. North Dakota, 579 U. S. ___, No. Kennedy v. Louisiana, 554 U. S. 407 (2008). 962. Ferry Co. v. Kentucky, 188 U. S. 385 (1903). 09 2021 , "List of Legislation held Unconstitutional" cases.lawi.us. Tennessee’s one-year residency requirement as a condition of registration to vote burdens right to travel and violates the Equal Protection Clause. An Alabama law that imposed on foreign corporations already admitted to do business an additional franchise or privilege tax not levied on domestic corporations denied the foreign corporations equal protection of the laws. 520. Defense of Marriage Act : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, second session, March 30, 2004. Witherspoon v. Illinois, 391 U. S. 510 (1968). An Alabama law that imposed an excise tax on the sale of gasoline could not be enforced as to sales of gasoline to the United States. When a public officer has completed services (1871–1874), for which the compensation was fixed by law, an implied obligation to pay him at such rate arises, and such contract was impaired by a Louisiana constitutional provision of 1880 that reduced the taxing power of a parish to such extent as to deprive the officer of any effective means of collecting the sum due him. 165. The federal law is supreme over state law.” Alabama’s fee for in-state disposal of hazardous wastes generated out-of-state is invalid as a direct discrimination against interstate commerce. 445. The California statutory provisions exacting as a prerequisite for property tax exemption that applicants therefor swear that they do not advocate the forcible overthrow of federal or state governments or the support of a foreign government against the United States during hostilities are unconstitutional insofar as they are enforced by procedures placing upon the taxpayer the burden of proving that he is not guilty of advocating that which is forbidden. A Louisiana law that exempted proceeds of an insurance policy, payable upon death of insured to his executor, from the claims of insured’s creditors impaired the obligation of contract as enforced against a debt on a promissory note antedating such laws and also as enforced against policies that antedated the law. Louisiana use tax, as enforced, unconstitutionally discriminates against interstate commerce in that the isolated purchase of an item of used equipment in Louisiana was not subject to its sales tax, whereas an Oklahoma contractor was subjected to the Louisiana use tax on an item of used equipment employed in servicing wells in Louisiana that had been acquired in Oklahoma; and further that the Louisiana sales or use tax was computed on the cost of components purchased in Louisiana or purchased out of state for assembly and use in Louisiana whereas here the contractor paid a use tax on equipment assembled in Oklahoma that reflected not only the purchase price of the components but also the cost of labor and shop overhead incurred in assembling the components into a usable item of equipment. A West Virginia law that required pipe line companies to fill all local needs before endeavoring to export any natural gas extracted in West Virginia was void as a prohibited interference with interstate commerce. 323. Bell v. Burson, 402 U. S. 535 (1971). Arkansas statute that authorized local assessments for road improvements denied equal protection of the laws insofar as railroad property was burdened for local improvement on a basis totally different from that used for measuring the contribution demanded of individual owners. An anti-busing law that flatly forbids assignment of any student on account of race and prohibits busing for such purpose is unconstitutional. 851. Hooper v. Bernalillo County Assessor, 472 U. S. 612 (1985). 936. Insofar as drainage district tax authorized under an Arkansas law imposed upon a railroad a levy disproportionate to the value of the benefits derived from an improvement, the tax violated the Equal Protection Clause. (See Texas Transp. Justices concurring: Holmes, McKenna, Day, Van Devanter, Pitney, McReynolds, Sutherland, Taft, C.J. Lunding v. New York Tax Appeals Tribunal, 522 U. S. 287 (1998). Joined Sep 21, 2013 Messages 2,726 Reaction score 2,876 Points 1,930 Location Southern California. Justices concurring: Vinson, C.J., Reed, Douglas, Murphy, Jackson, Burton Justices dissenting: Black, Frankfurter, Rutledge. A Washington law that proscribed private employment agencies by prohibiting them from collecting fees for their services deprived individuals of the liberty to pursue a lawful calling contrary to due process of law. , 331 U. S. 802 ( 1973 ) tax above the rate stipulated in the frightening weeks after the people! Workers’74 campaign Comm., 489 U. S. 340 ( 1913 ), 272 U. 375... 452 U. S. 488 ( 1961 ) of lands granted to an Electric company by a ordinance. Dejonge v. Oregon, 412 U. S. 214 ( 1876 ) that regulated public Stock Co.! 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