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6 days ago · ACLU. May 16, 2024. The Supreme Court’s docket this term includes many of the complex issues American society is currently facing, including gun control, free speech online, race-based discrimination in voting, reproductive rights, presidential immunity from criminal accountability, and more. The ACLU has served as counsel or filed friend-of ...
- Marbury v. Madison
- Mcculloch v. Maryland
- Gibbons v. Ogden
- Dred Scott v. Sandford
- Schenck v. United States
- Brown v. Board of Education
- Gideon v. Wainwright
- Miranda v. Arizona
- Tinker v. Des Moines
- Roe v. Wade
Issue: Who can ultimately decide what the law is? Result: "It is explicitly the province and duty of the Judicial Department to say what the law is." Importance: This decision gave the Court the ability to strike down laws on the grounds that they are unconstitutional (a power called judicial review).
Issue: Can Congress establish a national bank, and if so, can a state tax this bank? Result: The Court held that Congress had implied powers to establish a national bank under the "necessary and proper" clause of the U.S. Constitution. The Court also determined that United States laws trump state laws and consequently, a state could not tax the nat...
Issue: Can states pass laws that challenge the power of Congress to regulate interstate commerce? Result: The Court held that it is the role of the federal government to regulate commerce and that state governments cannot develop their own commerce-regulating laws. Further, the Court created a wide definition for “commerce,” reasoning that the term...
Issue: In this pre-Civil War case, the question was whether Congress had the constitutional power to prohibit slavery in free territories. A second question was whether the Constitution gave African Americans the right to sue in federal court. Result: The 1857 Court answered no on both accounts: Congress could not prohibit slavery in territories, a...
Issue: Is certain speech, including sending antiwar pamphlets to drafted men, made in wartime and deemed in violation of the Espionage Act, protected by the First Amendment? Result: No. Although the defendant would have been able to state his views during ordinary times, the Court held that in certain circumstances, like this case the nation being ...
Issue: Do racially segregated public schools violate the Equal Protection Clause? Result: Yes. A unanimous Court overturned Plessy v. Ferguson and held that state laws requiring or allowing racially segregated schools violate the Equal Protection Clause of the Fourteenth Amendment. The Court famously stated "separate educational facilities are inhe...
Issue: Does the Constitution require that any individual charged with a felony, but unable to pay for a lawyer, be guaranteed the free assistance of legal counsel? Result: Yes, according to a unanimous Supreme Court. The Court held that the Sixth Amendment right to assistance of counsel applies to criminal state trials and that "lawyers in criminal...
Issue: Are police constitutionally required to inform people in custody of their rights to remain silent and to an attorney? Result: Yes, the Court found that the Fifth and Sixth Amendments require police to inform individuals in custody that they have a right to remain silent and to be assisted by an attorney. According to the Court, if the police...
Issue: Does the First Amendment prohibit public school officials from barring students' from wearing black armbands to symbolize anti-war political protest? Result: According to the Court, yes. The Supreme Court held that students do not "shed their constitutional rights to freedom of speech…at the schoolhouse gate." Consequently, the Court found t...
Issue: Does the Constitution prohibit laws that severely restrict or deny a woman's access to abortion? Result: Yes. The Court concluded that such laws violate the Constitution's right to privacy. The Court held that, under the Fourteenth Amendment Due Process Clause, states may only restrict abortions toward the end of a pregnancy, in order to pro...
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- Nicholas Clapham
- The Case of Proclamations, 1610. Over 400 years ago, the chief justice, Sir Edward Coke, ruled that King James I could not prohibit new building in London without the support of parliament.
- Entick v Carrington, 1765. Author and schoolmaster John Entick was suspected of writing a libellous pamphlet against the government. In response, the secretary of state sent Nathan Carrington, along with a group of other king’s men, to search Entick’s house for evidence.
- R v Dudley and Stephens, 1884. In this case, the survivors of a shipwreck who killed and ate the youngest and weakest crew member were prosecuted for murder.
- Carlill v Carbolic Smoke Ball Co, 1893. Mrs Carlill sued the manufacturer of the carbolic smoke ball – a device for preventing colds and flu – which had promised a reward of £100 for any one catching flu following the use of its product but then refused to pay out.
Jan 27, 2020 · As well as some headline grabbing Brexit litigation, 2019 featured many important cases for public authorities and those that deal with them. Our experts have chosen their top ten cases of 2019 that highlight an important principle or point of law for inclusion in our first update of the year.
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive.
The Supreme Court’s docket is usually between about 25% and 33% criminal cases. But again, it depends how one counts. ☺. After two “pandemic Terms” during which the oral presentation of cases was dramatically altered, the Court was almost “back to normal” this Term.
Jan 22, 2016 · 1. R (Rotherham Metropolitan Borough Council and Others) v Secretary of State for Business Innovation and Skills [2015] UKSC 6. Rotherham was the first of four cases in 2015 in which the Supreme Court considered the standard of review that should be applied to public authority decision-making.
