If it sparkles like a state
In this opinion, Justice Black set forth a broad understanding of this doctrine when considering the restriction of First Amendment rights in a small town in Alabama.
Marsh v. Alabama
In this 1984 case O’Connor authored the opinion of the Court addressing the constitutionality of the Land Reform Act
Midkiff v. Hawaii Housing Authority
In this case, Kennedy writing for the majority found the Colorado legislature failed to act rationally in passing a constitutional amendment
Romer v. Evans
This Article of the Constitution establishes the power of the Supreme Court
Article 3
These three types of injuries are sufficient for standing purposes
an injury to a common law right
an injury to a constitutional right
an injury to a statutory right
Poor Ms. Jackson, Justice Rehnquist writing for the majority established an alternate understanding of the state action doctrine in this opinion.
Jackson v. Metropolitan Edison
A 1949 Marketing Order was the subject of this case
Horne v. Department of Agriculture
These three questions guide the Court when analyzing rational basis cases
What is the legitimate purpose? Is there an actual or conceivable purpose? Was the reasonable relationship between the purpose and the government action?
These are the four sources of law
Constitution, Statutes, Regulations and Judicial Opinions
The Court has set forth the following rule for third party standing
Third-party standing is not allowed (two exceptions exist: Plaintiff may assert the rights of third parties, if there is a close relationship between plaintiffs and injured third parties and Plaintiff may assert the rights of third parties, if there are obstacles to a plaintiff asserting his or her own rights
This is the only true Constitutional exception to the state action doctrine
The 13th Amendment
The Court has announced three criteria that can guide a regulatory taking case
The economic impact of the regulation on the claimant; the extent to which the regulation has interfered with the investment backed expectations; and the character of the government action
This case was simultaneously over- and under-inclusive when it sought to protect against fraud.
United States Department of Agriculture v. Moreno
Civil Rights are defined as
Protections against unequal treatment under the law OR deprivation of due process as a result of specific classifications [i.e., race, ethnicity, gender, sexual orientation, national origin, socioeconomic status, disability, etc.]
In this opinion's concurrence, Justice Jackson set forth zones of presidential authority
Youngstown Sheet & Tube Co. v. Sawyer
This was the first case to articulate the state action doctrine
Civil Rights Cases
This is how the Court measures just compensation
Just compensation measured in terms of loss to the owner, in reasonable market value terms
In Village of Arlington Heights, the majority identified four ways in which a plaintiff could prove intent
Statistical data; Pattern of state action; historical background; and legislative or administrative history
These are the four areas primary areas of the entanglement doctrine
judicial enforcement, government licensing, and government subsidies
In this opinion the Court set forth a bright line rule for political gerrymandering cases responding to open questions in the prior plurality
Rucho v. Common Cause
This case overruled prior decisions protecting 1st amendment right of access to shopping centers
Hudgens v. NLRB
The Court has defined economic liberties as
the constitutional rights concerning the ability to enter into contracts; to pursue a trade or profession; and acquire, possess, and convey property
In this case, the Court expressly adopts intermediate scrutiny
Craig v. Boren
These four areas of the constitution provide protections for economic liberties
Art I Sec. 10 – Contracts Clause
5A– Takings Clause
5A / 14A (no taking without due process of law)
14A due process clause (freedom to contract, freedom to pursue livelihood, freedom to practice profession)
In Powell v. McCormack the Court established precedent specific to this issue
The political question doctrine and self-governance