Tag: Donald Scarinci

Justice Oliver Wendell Holmes’ dissent in Abrams v. United States 250 U.S. 616 (1919) is widely regarded as one of the most famous dissents in the history of the U.S. Supreme Court. It sowed the seeds for the modern interpretation of freedom of...

In Furman v. Georgia, 408 U.S. 238 (1972), a divided U.S. Supreme Court held that the death penalty could violate the Eighth Amendment’s prohibition on cruel and unusual punishment if not imposed fairly. The decision imposed a brief moratorium ...

In United States v. Carolene Products Company, 304 U.S. 144 (1938), the U.S. Supreme Court upheld the validity of an economic regulation passed by Congress pursuant to the Commerce Clause. However, the case is more famous for “Footnote Four,” ...

On June 1, 2015, the U.S. Supreme Court, in EEOC v. Abercrombie, held that an employer could be held liable for not being able to accommodate a religious practice under Title VII of the Civil Rights Act of 1964, even though the employee or job appli...

Nearly 50 years later, the U.S. Supreme Court’s landmark decision in Miranda vs Arizona, 384 U.S. 436 (1966), remains one of the Court’s most influential Fifth Amendment rulings. By a vote of 5-4, the majority held that in Miranda vs Arizona ...

In Johnson v. M’Intosh, 21 U.S. 543 (1823), the U.S. Supreme Court addressed whether Native Americans had the power to give, and of private individuals to receive, title to land. The justices ultimately answered, in the case of Johnson v. M'Into...

On June 22, 2015, the U.S. Supreme Court struck down a City of Los Angeles ordinance that required hotel operators to allow law enforcement to inspect guest registries without obtaining a warrant. The 5-4 majority in City of Los Angeles v. Patel, 57...

In Dartmouth College v. Woodward, 17 U.S. 518 (1819), the U.S. Supreme Court held that the U.S. Constitution’s Contracts Clause prohibited state legislatures from interfering with individual property rights. Accordingly, the Court invalidated a ...

In Martin v. Hunter’s Lessee, 14 U.S. 304 (1816), the U.S. Supreme Court first asserted its authority to overrule a state court decision regarding an issue of federal law. The Court’s landmark decision was rooted in the Court’s appellate jur...

The U.S. Supreme Court first reviewed the Fourteenth Amendment to the U.S. Constitution in the Slaughter-House Cases, 83 U.S. 36 (1873). In a 5-4 decision, the majority adopted a narrow construction of the Amendment’s Privileges and Immuniti...