Second Semester Cases100 cards

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1

Kelo v. City of New London

where city condemned property to give to Pfizer plant as part of a plan to stimulate tax revenues and create jobs, it was for a public purpose and thus, a valid taking

2

Romer v. Evans

CO's law repealing all anti-discrimination law toward homosexuals was stuck down as violating the equal protection clause because the law had no legitimate governmental interest.

3

United Railroad Retirement Board v. Fritz

A law passed by Congress changing railroad employees' eligibility for retirement funding was upheld because it was conceivable that Congress believed those who left before 1974 would not return.

4

Railway Express Agency v. New York

A state law restricting certain vehicles from placing ads on them upheld as not violating EP because NY does not have to restrict everyone, only those it sees fit.

5

FCC v. Beach Communications

FCC law creating exemption for certain regulations for cable TB upheld because the court does not require the legislature to give its reason as to why it passed a statute.

6

NYC Tansit Authority v. Beazer

NYTA law that forbids anyone taking methadone to be employed upheld against EP challenge even though the law is likely to include more than is necessary to effectuate its purpose.

7

US Dept of Agriculture v. Moreno

Federal law restricting food stamps to only houses containing related individuals struck down for violating EP because preventing those who actually need the stamps was not rationally related to the goal of preventing hippies from receiving food stamps.

8

City of Cleburne v. Cleburne Living Center

City's denial of special use permit to home for the mentally retarded struck down as violating EP because the mere fear of the effects of home for mentally retarded is not rational.

9

Korematsu v. US

Upheld an internment order towards Japanese Americans against EP challenge because the military determined there was evidence of disloyalty for some and immediate action needed to be taken.

10

Loving v Virginia

A state law banning interracial marriages was struck down as violating EP, even though it applied equally to blacks and whites

11

Palmore v. Sidoti

An order removing the child from the mother because of her marriage with a black man was reversed for violating EP because even the effects of racial prejudice cannot justify a racial classification removing a child from his mother.

12

Plessy v Fergusen

Upheld a state law requiring blacks and whites to be seated in different cars on train as the 14th amendment allows separate but equal treatment

13

Brown v. Board of Education I

Struck down state segregation of schools as separate educational facilities are inherently unequal and thus, violate the equal protection clause of the 14th.

14

Washington v. Davis

State police test which had a discriminatory impact on African Americans upheld against EP challenge because it did not have a discriminatory purpose.

15

McCleskey v. Kemp

Georgia death penalty upheld despite showing of its discriminatory effects because discriminatory purpose required more than mere knowledge of a law's impact.

16

City of Mobile v. Bolden

City's at large municipal elections did not violate EP clause even though group discriminated against has shown that there are no members elected proportional to its numbers.

17

Palmer v. Thompson

Where city closed down public pools in response to a segregation challenge, court held that even if discriminatory purpose, it denied both blacks and whites the use of the pools.

18

Personnel Administrator of MA v. Feeney

MA veterans' preference law which heavily favored the hiring of men, did not violate EP, as it was not shown that the legislature acted at least in part because of its adverse effects on women.

19

Village of Arlington Heights v. Metro Housing Develp. Corp

Denial of permit to build multii family housing upheld against EP challenge because combination of historical background, legislative history, lack of departure from normal procedures showed no discriminatory purpose.

20

US v. Comstock

Upheld law allowing federal government to detain sexually dangerous prisoners as it is a reasonably adapted and narrowly tailored means of pursuing the government's legitimate interest as a federal custodian in the responsible administration of its prison system.

21

Northwest Austin Utility District v. Holder

the court declined to rule on the constitutionality of the voting rights act, because the challenge could be dealt with on statutory grounds

22

Free Enterprise Fund v. Public Company Accounting Oversight Board

It is unconstitutional to restrict the president's ability to remove a principal officer who is in turn restricted in his ability to remove an inferior officer because the extra layer prevents the principle from being fully responsible.

23

Wyeth v. Levine

a drug manufacturer, although meeting standards under federal law, can still be sued under state law, as the federal standards are merely a floor.

24

Caperton v. Massey Coal

The judge's apparent bias was so extreme it interfered with the plaintiff's right to due process

25

District Attorney’s Office for the 3rd Judicial District v. Osborne

Due process does not require the states to turn over DNA testing

26

Swann v. Charlotte-Mencklenburg Bd. od Education

Held that it is the responsibility of lower district courts to see to it that furture school construction and abandonment are not used to serve the dual system. This includes requiring schools to prove that one race schools are not discriminatory; that attendance zones are racially neutral, and requiring school authori

27

Milliken in Bradley

Struck down a multidistrict remedy to discriminatory school practices as there was no showing of interdistrict racial discriminatory school practices

28

Parents Involved in Community Schools v. Seattle School Disctrict

struck down a Seattle School district assignment of students which was based on race because the school had no history of past segregation, so it fail SS analysis, as they failed to consider other methods to achieve their goals and racial balancing is not a compelling end.

29

Regents of the University of Cal v. Bakke

Struck down a school provision requiring that 16 out of 100 seat be set for minority students, but stated that colleges may use race as one factor in admissions to enhance diversity.

30

Adarand v. Pena

Overruled Metro and held that all racial classification imposed by whatever federal, state or local government actor must be analyzed by reviewing court under SS.

31

Grutter v. Bollinger

Upheld a state law school's use of race as a plus factor in making admissions determinations because student body diversity is a compelling state interest and it was narrowly tailored as race was only a factor, not determinative

32

Gratz v. Bollinger

Struck down a Michigan school's use of race in its admissions process because it did not consider race only as a factor, but it was not often determinative of who got in and who did not; thus, it is not narrowly tailored to achieve the compelling interest in diversity

33

Geduldig v. Aiello

Upheld a CA law (disability fund) that excluded from coverage for diaability benefits pregnancy related benefits because the law was not discriminatory as all disabilities granted to men were granted to women and vice versa.

34

Mississippi University for Women v. Hogan

Declared unconstitutional a state nursing school that only allowed women in as the state's justification of compensating women for past discrimination was not exceedingly persuasive as most nurses are women.

35

Michael M. v. Superior Court of Sonoma County

Upheld a CA law that made it a crime for a man to have sex with an underage female, but not the other way around, because all of the harmful consequences associated with pregnancy fall on the female, and so it is OK to punish those who do not bear the consequences.

36

Califano v. Webster

SSA law that allowed women greater retirement benefits was upheld because allowing women, who have been unfairly hindered from earning as much as men, to receive more works directly to remedy some part of the effect of past discrimination

37

Nguyen v. INS

Upheld an INS law that created greater requirements for children of non-citizen men than for citizen women and non-citizen men, because fathers and mothers are not similarly situated in regard to the proof of biological parenthood.

38

Graham v. Richardson

Struck down AZ law restricting benefits to aliens who have been in the state for less than 15 years applying SS because a state's desire to preserve limited welfare benefits for its own citizens is inadequate to justify restricting benefits to resident aliens.

39

Foley v. Connelie

Upheld an NY law preventing aliens from joining police force because states can exclude aliens from participating in its democratic political institutions as long as there is some rational relationship between the interest sought to be protected and the limiting classification.

40

MA Board of Retirement v. Murgia

Upheld a mandatory retirement age for police against EP, applying RB, as age is not a suspect class because we will al reach that age.

41

Loving v Virginia

right to marry

42

Zablocki v. Redhail

Struck down a WI law requiring those with child support obligation to obtain a court order before marrying, as marriage is a fundamental right subject to SS, and although the welfare of the child is a substantial interest, the means selected unnecessarily impinge on the right to marry.

43

Stanley v Illinois

Struck down an Ill law making children of unwed parents wards when mother died, as the rights raise one's child are fundamental rights and the state gains nothing from separating children from the custody of fit parents.

44

Michael H v. Gerald D

Upheld a CA law against EP challenge that created a presumption of paternity between married spouses against natural father's claim, as the natural father does not have a fundamental right to assert parental rights over a child born into a woman's existing marriage with another man.

45

Moore v. City of East Cleveland

Struck down a housing ordinance preventing grandmother and grandson from living together as freedom of personal choice in matters of family life is a fundamental right extended beyond the nuclear family.

46

Meyer v. Nebraska

Struch down a Nebraska law prohibiting the teaching of foreign languages in school as the rights of a parent to give their children education suitable to their stage in life is fundamental.

47

47. Pierce v. Society of the Sisters

Struck down a law requiring children to only attend public school as it unreasonably interfered with the liberty of the parent to direct the upbringing and the education of the child.

48

Troxel v. Granville

Struck down a law which allowed any person, here a grandparent, to petition a court for visitation rights to a child as it failed to accord the fit parent any material weight.

49

Buck v Bell

Upheld a law sterilizing a feeble minded woman as the public welfare will be promoted by her sterilization.

50

Skinner v Oklahoma

Struck down an OK law (OK Habitual Criminal Sterilization Act) sterilizing criminals as the right to procreate is a fundamental right subject to SS.

51

Einstadt v. Baird

Struck down a law banning the distribution of contraceptives as applied to an unmarried person because if the right to privacy means anything, it means the right of the individual to be free from unwarranted government intrusion which applies equally to married and unmarried person

52

Roe v. Wade

Held that the right of personal privacy includes the abortion decision and that 1) before the first trimester the abortion decision is with the mother and Dr. only, 2) after the first trimester the state may regulate abortions to promote the heath of the mother, and 3) subsequent to viability, the state may regulate an

53

Planned Parenthood v. Casey

Upheld a law that required women to give informed consent prior to having an abortion and that minors obtain informed consent of parents or judge as the law was only expressing a respect for life, not placing a substantial obstacle, and hence an undue burden, on a woman's right to have an abortion prior to viability.

54

Maher v. Roe

Upheld a CN law limiting funding for first trimester abortions although it made childbirth more attractive, it imposed no restrictions on access to abortions that was not already there.

55

Belotti v. Baird

Upheld an MA law requiring minors to either obtain parental consent or a court order before having an abortion as long as the court is allowed to authorize the abortion on a showing that the minor is mature enough to make the decision or that the abortion is in her best interests.

56

Gonzalez v Carhart

Upheld a ban on partial birth abortions [Partial Birth Abortion Ban Act of 2003] even though it applied pre-viability and had no exception for the health of the mother as there was uncertainty over whether barring the procedure would create significant health risks

57

Cruzan v. Director Missouri Health Services

Upheld Missouri law that required clear and convincing evidence of one's desireto have life sustaining treatment withdrawn even though competent persons have a constitutionally protected liberty interest in refusing medical treatment, as the state may legitimately seek to safeguard this personal choice through the impo

58

Planned Parenthood v. Danforth

Struck down a law requiring spousal consent for an abortion as the state cannot delegate to a spouse the veto power which the state itself is prohibited from exercising.

59

Washington v. Glucksberg

upheld a WA ban on assisted suicides as the right to assistance in committing suicide is not a fundament liberty protected by the DP clause, so it only needs to meet RB as the state has an interest in preserving human life.

60

Vacco v. Quill

upheld a NY law banning assisted suicide against challenge on EP grounds that it allowed one to refuse life sustaining treatment, hastening death, but not receive assisted suicide, as neither the ban on assisting suicide nor it statutes permitting patients to refuse medical treatment treat anyone differently from anyon

61

Lawrence v. Texas

struck down a TX law prohibiting homosexual sexual conduct as the right to engage in their conduct is a liberty interest protected by the DP and this law furthers no legitimate state interest. Overruled Bowers.

62

Whalen v. Roe

Upheld a NY law that required certain drugs to be prescribed by filling out a form with patient’s name, address, and age and later stored and processed on a computer database as this did not constitute any invasion of any right or liberty protected by the 14th. Expressly declined to decide whether the constitution pro

63

Harper v. Virginia State Board of Elections

Struck down a poll tax because the state violates EP whenever it makes the affluence of the voter or payment of any fee an electoral standard.

64

Kramer v. Union Free School District

Struck down a law requiring voters in school elections to own land in district or have child in school as the classification includes those who have only a remote interest in the election while excluding those who have a direct interest.

65

Reynolds v. Sims

Struck down an AL election scheme which resulted in population variance ratios of up to 41-to-1 in the Senate and 16-1 in the House per district, as the EP clause demands no less than substantially equal state legislative representation for all citizens, of all places and all races.

66

Wesburry v. Sanders

GA districts were apportioned such that certain representatives of Congress had 2-3 times as many people to represent, so the Court struck it down because, as nearly as is practicable, one man’s vote in a congressional election is to be worth as much as another’s.

67

Crawford v. Marion County Election Board

Upheld an Indiana law requiring those voting in person to show a photo ID because it only imposed a limited burden on those without photo ID and the interests advanced by the state, preventing voter fraud and reducing inflated voter lists, were sufficient to defeat this burden.

68

Boddie v. Connecticut

Struck down court costs for divorce as applied to indigent parties due to the importance of marriage and the state’s monopolization of the means for legally dissolving a marriage, it is a denial of DP to deny access to courts for those who cannot afford to dissolve their marriages.

69

United States v. Kras

Filing fees required in bankruptcy proceedings upheld against DP challenge because bankruptcy, unlike marriage in Bodie, has no special constitutional protection, and so RB applies, and it is rational as Congress’ power over bankruptcy is exclusive.

70

M.L.B. v. S.L.J.

Struck down an MI law that required a mother appealing a termination of her parental rights to pay $2300 for record preparation fees under DP and EP because a state may not block an indigent offender’s access to an appeal, despite not being a criminal offense.

71

Bounds v. Smith

held that the fundamental constitutional right of access to the courts under DP requires prison authorities to assist inmates in the preparation and filing of legal papers by providing them with law libraries or assistance from those trained in the law.

72

San Antonio Independent School District v. Rodriguez

Upheld a TX system which financed public education according to property taxes which disproportionately affected poorer cities, because education is not among the rights afforded explicit protection under the constitution and as such, EP only requires that RB applies.

73

Town of Castle Rock v. Gonzalez

Held that a police failure to enforce a TRO, which resulted in the death of three children, did not violate DP because enforcement of a TRO does not constitute a property interest.

74

DeShaney v. Winnebago County Dept. of Social Services

Held that state did not deny DP by failing to protect boy from violent father as the state has no constitutional duty to protect private citizens from private citizens.

75

Goldberg v. Kelly

Held that it violated DP to terminate welfare assistance without providing an evidentiary hearing because the recipient of the assistance’s interest in avoiding their loss outweighed the governmental interest in summary adjudication.

76

Board of Regents v. Roth

Held that it did not deny procedural DP to terminate employment at the end of his fixed term for no reason and without a hearing because DP protects one’s property interest in a benefit and there was no University rule that secured his interest in reemployment.

77

Goss v. Lopez

Held that a school policy only allowing reviews of expulsions of high school students, not suspensions, violated DP since the state provided for a free education for children, the state was arbitrarily harming the students’ reputation which required notice of the charges, an explanation of the evidence, and an opportun

78

Paul v. Davis

Held that it did not deny DP for the police to incorrectly include P in a list of shoplifters because unlike Goss, state law did not extend any legal guarantee of enjoyment of reputation and so, despite the harm to his reputation, no DP interests were violated.

79

Sandin v. Connor

Held that it did not violate DP to move a prisoner to segregation because DP liberty interests are not created by statutes, and compared to inmates inside and outside segregation, it was not a major disruption in this prisoner’s environment to place him in segregation for 30 days.

80

Mathews v. Eldridge

Held that termination of SSA benefits did not violate DP applying three part balancing test weighing private interests, risk of erroneous deprivation, and cost, as here the party was provided an evidentiary hearing and judicial review before the denial of his claim would become final.

81

Boos v. Barry

Struck down a DC law prohibiting signs within 500 feet of embassies which brought those governments into public disrepute because the First Amendment’s hostility to content based regulation extends to the prohibition of public discussion of an entire topic.

82

Turner Broadcasting System v. FCC

Upheld an FCC law against 1st amendment challenge, which required cable providers to allow local broadcast stations to have certain channels as the must carry rules impose burdens and confer benefits without reference to the content of speech.

83

Republican Party of Minnesota v. White

Struck down a Minnesota law preventing judicial candidates from announcing their views on disputed legal or political issues because the first amendment has never allowed the government to prohibit candidates from communicating relevant information to voters during an election.

84

National Endowment for the Arts v. Finley

Upheld a Federal law only granting public money to artists, after NEA considers general standards of decency and respect for the American public, as absolute neutrality in the grant-making process for the arts is inconceivable.

85

United States v. American Library Assn.

Upheld a law requiring libraries [Children’s Internet Protection Act] to install filters on the internet against 1st amendment challenge as public libraries already exclude pornographic material from their collections, congress can reasonably impose a parallel limitation on the internet.

86

Coates v. City of Cincinnati

Struck down an Ohio law making it a crime to conduct yourself in an annoying manner because it was unconstitutionally vague as it subjected the exercise of the right of assembly to an unascertainable standard, and it was unconstitutionally broad because it authorized the punishment of constitutionally protected conduct

87

Schad v. Borough of Mount Ephraim

Struck down a law that prohibited all live entertainment, here nude dancing, because it prohibited a wide range of expression within the 1st and 14th amendment’s protections.

88

Board of Airport Commissioners of Los Angeles v. Jews for Jesus

Struck down a law, challenged by a nonprofit religious organization, which banned all First Amendment activities at LAX because under the First Amendment overbreadth doctrine, an individual whose own speech or conduct may be prohibited is still allowed to challenge on a statute on its face because it also threatens oth

89

Near v. State of Minnesota ex rel. Olson

Struck down a MN law that made it a public nuisance to run a scandalous and defamatory newspaper as the 1st amendment’s chief purpose is to protect against prior restraints on publications.

90

Nebraska Press Assn. v. Stuart

Overruled a prior restraint preventing the press from releasing information about a murder trial although the trail judge was justified in concluding that there would be intense trial pretrial publicity, other measures short of a prior restraint order would have insured a fair trial and an entire community cannot be re

91

Alexander v. United States

Upheld an order to forfeit adult material directly related to RICO violations, against 1st amendment challenge, because it was not a prior restraint on future expression of this material, but was simply a forfeiture of material directly related to past racketeering violations.

92

Lovell v. City of Griffin

Stuck down an ordinance prohibiting the distribution of literature for violating the 1st amendment as it constituted a prior restraint on the press.

93

Watchtower Society v. Village of Stratton

Struck down a city ordinance that prohibited anyone from going on another’s property for the purpose of promoting any cause without first obtaining a permit because there lacked an appropriate balance between the affected speech, including political activity, and the city’s interests in the ordinance’s purposes, such a

94

City of Lakewood v. Plain Dealer Publishing

Struck down a city ordinance granting the mayor discretion to grant or deny permits for newsracks because under the 1st amendment a licensing statute placing unbridled discretion in the hands of a government official constitutes a prior restraint.

95

Windy City Hemp Development Board v. Chicago Park District

Upheld a city ordinance requiring persons to obtain permits before conducting an event of more than 50 people in the parks because although not complying with the Freedman procedural requirements, Freedman only applies to subject-matter censorship, not content-neutral time, place, and manner regulation. Here, the proc

96

City of Littleton v. Z.J. Gifts

Upheld a city ordinance against 1st amendment challenge, that required adult businesses to have a license, which took about 40 days, could only be denied for one of 8 reasons, and could be appealed to the state district court, because CO judges reach a prompt decision and use their judicial powers to prevent significan

97

West Virginia Board of Education v. Barnette

struck down a law requiring that students pledge allegiance to the flag or be expelled because under the 1st amendment, as censorship of speech requires a clear and present danger, an involuntary affirmation could only be commanded on even more immediate and urgent grounds; which did not exist here.

98

Rust v. Sullivan

Upheld a condition on a federal grant [Public Health Service Act] for family planning services requiring that no funds be used to advocate or counsel for abortions because the government can place a condition on a subside, not a service, because that does not prohibit the recipient from engaging in the conduct outside

99

Legal Services Corp. v. Velasquez

Struck down a condition on funding to the Legal Services Corporation, preventing its attorneys from challenging or attempting to amend existing welfare law because unlike Rust, the LSC are private speakers not designed to promote a governmental message, thus Congress cannot aim to suppress ideas thought contrary to its

100

Schenck v. United States

D was convicted under the Espionage act for distributing literature calculated to cause insubordination in the military, overturned because the words were not used in such circumstances as to create a clear and present danger