Here is a short list of these landmark cases, as reported by the Congressional Research Service and the Library of Congress: In times of war, courts are sometimes called upon to balance individual rights with public safety. What lessons can be drawn from the tensions arising from this case? For more information, see Korematsu v. United States The Decision: The Supreme Court ruled 5-4 that New York`s law was unconstitutional. The court said the law interfered with the contract between an employer and its employees. In 1992, a three-judge advisory opinion in the Casey case confirmed the role of stare decisis, or precedent, in judicial proceedings. “Having examined the fundamental constitutional issues resolved by Roe, the principles of institutional integrity, and the rule of stare decisis, we conclude that the essential position of Roe v. Wade should be upheld and reaffirmed,” wrote Sandra Day O`Conner, Anthony Kennedy and David Souter. At their current session last December, the justices heard arguments in Dobbs v. Jackson Women`s Health Organization. The issue before the courts is the constitutionality of Mississippi`s law, which bans nearly all abortions after 15 weeks of gestational age. The court`s decision could lead to two landmark cases, Roe v.
Wade (1973) and Planned Parenthood v. Casey (1992). As of May 3, 2022, the court has not ruled on the Dobbs case because it is preparing notices that are expected to be published before July. Brandenburg vs. Ohio (1969). The court ruled that Ohio`s labor law, which prohibits public statements inciting illegal activity, is unconstitutional on the First and 14th Amendments unless the speech calls for “imminent illegal acts.” The decision was overturned by Whitney v. California (1927). The case prevented journalists from being censored and allowed the press to fulfill its watchdog role, including printing the Pentagon Papers in 1971. The case: Before President Thomas Jefferson took office in 1801, lame duck John Adams and Congress created new courts and appointed dozens of judges, including William Marbury as Justice of the Peace in the District of Columbia. But the new administration`s secretary of state, James Madison, declined to confirm the nomination.
Marbury therefore filed a lawsuit. Several Southern government officials, including the governor and legislature of Alabama, refused to comply with the Board of Education`s Brown v. decision. They argued that states could overturn federal court decisions if they found federal courts violated the Constitution. The court unanimously rejected this argument, ruling that only federal courts can decide when the Constitution is violated. In this activity, students simulate Supreme Court advice that introduces them to the difficult role of courts in balancing individual rights and public safety. Justice Thurgood Marshall wrote differently: “My objection to the performance standard adopted by the Court is that it is so malleable that in practice it has no influence or gives excessive variation. To tell lawyers and lower courts that an accused`s lawyer must behave “reasonably” and act like “reasonably competent counsel” is to tell them almost nothing. Mapp v.
Ohio (1961). The quashing of Wolf v. In Colorado (1949), the court declared in a 6-3 decision that evidence gathered by authorities during searches and seizures that violated the Fourth Amendment could not be brought before state court—also known as the “exclusion rule.” The decision: The Supreme Court ruled 5-4 that the Massachusetts law was unconstitutional. The court found that the First Amendment protects corporations because they are composed of shareholders who have decided that their corporation should participate in public affairs. This case opened the door for Citizens United. The Heart of Atlanta Motel in Georgia refused to provide housing for blacks, but the Civil Rights Act of 1964 prohibited the practice. Two hours after the law was passed, the motel ordered the court to stop enforcing a Title II clause prohibiting racial discrimination by public institutions. The motel argued that it was exceeding the power of Congress.
Janus v. American Federation of State, County, and Municipal Employees (2018). In a 5-4 opinion by Judge Samuel Alito, the court said the state of Illinois violated the First Amendment by challenging the agency fees of public sector employees who dissent. The decision was set aside by Abood v. Detroit Bd. of Education (1977). The decision: The justices ruled unanimously that Madison`s denial was unlawful and that the law under which Marbury sued was also unconstitutional. More importantly, this decision concluded that the Supreme Court has the power of “judicial review” to decide whether a law or executive measure is constitutional. This essentially gave the Supreme Court legal authority over any decision it made in the future. What are U.S. courts of appeal and what role do they play? These courts have the final say in the vast majority of cases heard by federal courts.