constitutional law class 29 economic substantive due process part ii march 19, 2008
TRANSCRIPT
CONSTITUTIONAL LAW CLASS 29
Economic Substantive Due Process Part II
March 19, 2008
Adkins v. Children’s Hospital
• Majority by: SutherlandJoined by: McKenna, Van Devanter, McReynolds, ButlerDissent by: TaftJoined by: SanfordDissent by: Holmes
• Brandeis did not participate
Weaver v. Palmer Bros. Co. (1926) [C p. 527] One
• Majority opinion by Butler
• (joined by the other 3 Horsemen: Sutherland, McReynolds, Van Devanter as well as Sanford)
• Dissent by Holmes, joined by Brandeis and Stone
Justices Born on St. Paddy’s Day
• Roger Brooke Taney
• Pierce Butler
• Near misses: Ruth Bader Ginsburg (3/15), Antonin Scalia (3/11), Earl Warren (3/19), Sandra Day O’Connor (3/26)
Nebbia v. New York (1934) [C p. 539]
Majority by: RobertsJoined by: Hughes, Brandeis, Stone, CardozoDissent by: McReynoldsJoined by: Van Devanter, Sutherland, Butler(the 4 Horsemen)
West Coast Hotel v. Parrish (1937) [C . 541]
• Majority by: HughesJoined by: Brandeis, Stone, Roberts, CardozoDissent by: SutherlandJoined by: Van Devanter, McReynolds, Butler (the 4 Horsemen)
United States v. Carolene Products Co. (1938) [C p. 543]
• Majority by: StoneJoined by: Hughes, Brandeis, Roberts, Black (except the part designated "Third")Concurrence by: ButlerDissent by: McReynoldsReed, Cardozo took no part in the consideration or decision of the case.
Williamson v. Lee Optical (1955) [C p. 545]
• Unanimous• Opinion by Douglas
(joined by Warren, Black, Reed, Frankfurter, Burton, Clark, Minton, Harlan)
Ferguson v. Skrupa (1963) C p. 546]
• Unanimous • Opinion of the Court
by Black• Separate
Concurrence by Harlan
BMW of North America v. Gore (1996) [C p. 547]
• Majority by: StevensJoined by: O'Connor, Kennedy, Souter, BreyerConcurrence by: BreyerJoined by: O'Connor, SouterDissent by: ScaliaJoined by: ThomasDissent by: GinsburgJoined by: Rehnquist
State Farm Mutual Automobile Ins. Co. v. Campbell (2003) [C p. 551]
• 6-3• Majority opinion by
Kennedy joined by Rehnquist, Souter, O’Connor, Stevens, Breyer
• Dissents by Scalia, Thomas, Ginsburg
Philip Morris USA v. Williams (2007) [Supp. 83]
• Opinion of the Court by Breyer joined by Alito, Kennedy, Roberts, and Souter
• Dissent by Stevens• Dissent by Thomas• Dissent by Ginsburg,
joined by Scalia and Thomas
Exxon Shipping Co. v. Baker
• Oral argument: February 27, 2008 (granted expanded oral argument of 45 minutes per side – ie. an extra 15 minutes each)
• Decision expected by summer
• The issue is not the constitutionality under due process, rather under maritime law