Thursday, January 3, 2008

United States Supreme Court Anniversaries

Happy New Year!

2008 marks the anniversary of a number of important Supreme Court decisions. Jack Balkin at lists the important cases whose milestone anniversaries occur this year.

100th anniversary

Adair v. United States, 208 U.S. 161 (1908)(striking down ban on "yellow-dog" contracts that forbade workers from joining trade unions.)
Muller v. Oregon, 208 U.S. 412 (1908)(upholding woman protective labor legislation)
Ex parte Young, 209 U.S. 123 (1908)(creating legal fiction of suing state attorney general to permit suits against states and get around Hans v. Louisiana's interpretation of the Eleventh Amendment)
Londoner v. City and County of Denver, 210 U.S. 373 (1908)(administrative agencies must provide due process for adjudicative but not legislative actions)
Berea College v. Kentucky, 211 U.S. 45 (1908)(upholding Kentucky law that banned racial integration by private universities chartered as corporations)
Twining v. New Jersey, 211 U.S. 78 (1908)(key case in debate over incorporation of the Bill of Rights, declining to incorporate Fifth Amendment's ban on compelled self-incrimination)
Bailey v. Alabama, 211 U.S. 452 (1908)(striking down peonage laws under the Thirteenth Amendment)[UPDATE: Actually the decision striking down the peonage laws is the second Bailey case, 219 U.S. 219 (1911), see Raphael's note below]

50th anniversary:

Trop v. Dulles, 356 U.S. 86 (1958)(cruel and unusual punishment to strip citizenship as punishment; origin of "evolving standards of decency" test in Eighth Amendment jurisprudence)
Kent v. Dulles, 357 U.S. 116 (1958)(recognizing right to travel under the Fifth Amendment)
NAACP v. Alabama, 357 U.S. 449 (1958)(protecting freedom of association of NAACP from compelled disclosure of membership lists)
Speiser v. Randall, 357 U.S. 513 (1958)(striking down requirement of loyalty oath in order to obtain tax benefits)
Cooper v. Aaron, 358 U.S. 1 (1958)(holding that state school boards resisting integration orders were bound by the Supreme Court's interpretation of the Constitution)

35th anniversary

San Antonio Independent School Dist. v. Rodriguez, 411 U.S. 1 (1973)(holding that education is not a fundamental right and poverty is not a suspect classification)
Frontiero v. Richardson, 411 U.S. 677 (1973)(applying heightened scrutiny to classifications based on sex)
Miller v. California, 413 U.S. 15 (1973)(developing three part test for obscenity)
Roe v. Wade, 410 U.S. 113 (1973)(upholding right to abortion)
Doe v. Bolton, 410 U.S. 179 (1973)(upholding right to abortion)

25th anniversary

Bob Jones University v. United States, 461 U.S. 574 (1983)(upholding loss of tax exempt status to private religious school that discriminated on the basis of race)
City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 (1983)(striking down various Ohio restrictions on abortion; in dissent, Justice O'Connor first offers "undue burden" test)
INS v. Chadha, 462 U.S. 919 (1983)(holding legislative veto unconstitutional)
Marsh v. Chambers, 463 U.S. 783 (1983)(permitting state legislatures to employ chaplains for prayers)

20th anniversary

Hazelwood v. Kuhlmeier, 484 U.S. 260 (1988)(limiting student speech in school sponsored activities)
Hustler Magazine v. Falwell, 485 U.S. 46 (1988)(First Amendment prohibits public figures from using intentional infliction of emotional distress as an alternative to defamation claims)
Lying v. Northwest Indian CPA, 485 U.S. 439 (1988)(Free Exercise Clause did not prevent logging on Native Americans sacred land)
Morrison v. Olson, 487 U.S. 654 (1988)(upholding constitutionality of independent counsel statute)
Thompson v. Oklahoma, 487 U.S. 815 (1988)(holding execution of persons who committed crimes while under the age of 16 violated the Eight Amendment)

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