Economic Liberties
A state does not need to provide compensation for an individual when it appropriates interest earned on his or her funds that were placed by his or her attorney in an interest on lawyer trust account
Brown v Legal Foundation of Washington
enslaved and was taken to illinois, a free state, when he returned to missouri he was sold to sandford and sued alleging that citizenship in a free state entitled him to freedom
Dred Scott
denial of a special use permit for the operation of a group home for the mentally disabled pursuant to a municipal zoning ordinance requiring permits for such homes.
The State may not rely on a classification whose relationship to an asserted goal is so attenuated as to render the distinction arbitrary or irrational.
City of Cleburne v CLC
An interdistrict remedy requires evidence of a constitutional violation within one district that produces a significant segregative effect in another district.
Without an interdistrict violation and interdistrict effect, there is no constitutional basis for an interdistrict remedy.
Milliken v Bradley
this segregation cannot stand: separate educational facilities are inherently unequal. These facilities and opportunities must be available to all equally
Brown v BOE
If a legislature or a court declares that what once was an established right of private property no longer exists, it has taken that property, no less than if the state had physical appropriated it or destroyed its value by regulation
Stop the Beach Renourishment v Florida
City of Mobile v Bolden
Black people had never been elected at class action was brought alleging the at large electoral system diluted black peoples votes
Disproportionate effects alone are insufficient to establish a claim of unconstitutional racial vote dilution. Racially discriminatory motivation is a necessary ingredient of a 15th Amendment violation.
City of Mobile v Bolden
regulation of ads on buses, people could have their own ads on their own but couldn't sell the space to others
A state law that is substantially underinclusive does not necessarily violate the Equal Protection Clause, because a state may rationally decide to address a public problem in phases.
Railway Express Agency v New York
Whether public school districts that have not operated legally segregated schools or have achieved unitary status may classify students by race and use that classification in school assignments without violating the EPC
Parents Involved in Community Schools v Seattle School District No 1
separate but equal train cars
Plessy v Ferguson
A man got land and the right to mine underneath it, but PA passed a law later stopped mining of that kind that could possibly affect the integrity of any surface land.
While property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.
Pennsylvania Coal Co v Mahon
(ish)
CO ordinance that banned discrimination, but Amendment was passed by CO voters that basically said the government couldn't interfere and protect the status of people based off of sexual orientation.
Romer v Evans
law that forced police officers to retire at 50
old age doesnt define a singular and insular group so strict scrutiny cant be used. The court held that this does not deny equal protection of law because physical ability generally declines with age.
MA Board of retirement v Murgia
Courts should be guided by equitable principles: ∆ has to make timely and good faith efforts to comply with the ruling, but courts can give them. The "all deliberate speed" formulation of desegregation
Brown II
EO required all persons of Japanese ancestry to leave the area by May 9, 1942. The petitioner knowingly violated the exclusion order by remaining in the area after the deadline.
Korematsu
VA passed a law that required property owners to get rid of these certain types of trees infected by cedar rust on properties located within two miles of an apple orchard. Π was ordered to get rid of the trees on his property and he didn’t want to, su he sued arguing that it violated the DPC of the 14th Amendment.
When the state is forced to choose between deciding whether or not to destroy one type of property (the trees in question) in order to save another (the apple orchards), which they deem to be of greater value to the public, they are within their const'l limits.
Miller v Schoene
city shut down pools after being told to integrate them .. & it was okay
Palmer v Thompson
policy where they would not hire someone who is in a methadone program.
an employment policy that postpones being able to work in that job until treatment is done is rational
NYCTA v Beazer
BOE wanted the dissolution of a decree imposing a school desegregation plan.
Federal court desegregation orders should end when a school reaches unitary status.
Board of Education of Oklahoma City Public Schools v Dowell
MPD had this test to become a police officer, and it had an disproportionate impact on Black officers.
The Fifth Amendment's Due Process Clause prohibits invidious racial discrimination but requires proof of discriminatory intent, not just disproportionate impact.
Washington v Davis
There was this order that would force American raisin growers to turn over a certain portion of their crop, but they wouldn't be compensated (they had to give up that portion to be compliant b/c the government wanted to regulate the market well, etc.)
This was a per se taking of personal property and they were entitled to just compensation.
Horne v Dept of Agriculture
Double trouble
1. Under the veteran’s preference statute all veterans who qualify for state civil service positions must be considered for appointment of head or qualifying nonveterans. Naturally it had somewhat of an impact on the hiring of women as historically veterans are more likely to be male.
2. Minimal racial diversity in a neighborhood, but then ∆ wanted to provide multi-family housing in the area and their permit was rejected.
1. Personnel Administrator of MA v Feeney
2. Village of Arlington Heights v Metropolitan Housing Development Corp.
legislature modified the meaning of “household” to create two classes – (1) those who live in households where everyone is related to one another and (2) individuals who live in households containing one or more people unrelated to the rest.
suit stating that this modification would terminate her participation in the program, despite her poverty
Laws should not be so arbitrary and unreasonable to fail rational basis review.
USDA v Moreno
district court imposed a desegregation plan including busing and rezoning to eliminate segregation. they used racial ratios and reassigned students and teachers
Swann v Charlotte Mecklenberg BOE
Petitioner killed a cop during a robbery and presented the Bladus study which found racial disparities in the imposition of the death penalty
McClesky v Kemp