Wickard v. Filburn, 317 U.S. 111 (1942) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/029-wickard-v-filburn Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep317/usrep317111/usrep317111.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. Roscoe Filburn ran a small dairy and poultry farm in Ohio. Under the Agricultural Adjustment Act of 1938, his wheat allotment for 1941 was about eleven acres. He planted twenty-three, intending to use much of the wheat on his own farm, to feed his animals and make flour for his family. He was fined under the Act. Justice Jackson, for a unanimous Court, upheld the penalty. Even if Filburn's own wheat never left the farm, wheat grown for home use reduces what a farmer buys on the market, and taken together with that of many others similarly situated, its effect on interstate commerce is far from trivial. This aggregation principle became the backbone of the modern Commerce Clause, supporting everything from civil rights laws to drug laws. Critics see it as the moment the limits on federal power effectively disappeared. Lopez, Morrison, Raich, and the health-care case all argue over what Wickard means. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - United States v. Rock Royal Co-operative, 307 U.S. 533 [as printed: United States v. Rock Royal Co-operative, 307 U. S. 533; Opinion of the Court (Mr. Justice Jackson)] (episode link pending) - United States v. Darby, 312 U.S. 100 [as printed: United States v. Darby, 312 U. S. 100; Opinion of the Court (Mr. Justice Jackson)] episode - Gibbons v. Ogden, 9 Wheat. 1 [as printed: Gibbons v. Ogden, supra; Opinion of the Court (Mr. Justice Jackson)] (episode link pending) - United States v. Knight Co., 156 U.S. 1 [as printed: United States v. Knight Co., supra; Opinion of the Court (Mr. Justice Jackson)] (episode link pending) - Swift & Co. v. United States, 196 U.S. 375 at 398 [as printed: Swift & Co. v. United States, 196 U. S. 375, 398; Opinion of the Court (Mr. Justice Jackson)] episode - Shreveport Rate Cases, 234 U.S. 342 [as printed: Shreveport Rate Cases, 234 U. S. 342; Opinion of the Court (Mr. Justice Jackson)] (episode link pending) - United States v. Wrightwood Dairy Co., 315 U.S. 110 at 119 [as printed: United States v. Wrightwood Dairy Co., 315 U. S. 110, 119; Opinion of the Court (Mr. Justice Jackson)] (episode link pending) - Carter v. Carter Coal Co., 298 U.S. 238 at 308 [as printed: Carter v. Carter Coal Co., 298 U. S. 238, 308; Opinion of the Court (Mr. Justice Jackson)] episode - Santa Cruz Co. v. Labor Board, 303 U.S. 453 at 466-467 [as printed: Santa Cruz Co. v. Labor Board, 303 U. S. 453, 466-467; Opinion of the Court (Mr. Justice Jackson)] (episode link pending) - Stafford v. Wallace, 258 U.S. 495 [as printed: Stafford v. Wallace, 258 U. S. 495; Opinion of the Court (Mr. Justice Jackson)] (episode link pending) (+10 more named aloud; see the website) Full list of 53 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/029-wickard-v-filburn
United States v. Morrison, 529 U.S. 598 (2000) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/028-united-states-v-morrison Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep529/usrep529598/usrep529598.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. Christy Brzonkala, a student at Virginia Tech, said two football players, Antonio Morrison and James Crawford, raped her in 1994. A university disciplinary process went nowhere for her in the end, and no criminal charges were brought. She sued under a provision of the Violence Against Women Act that gave victims of gender-motivated violence a federal civil remedy. Chief Justice Rehnquist, for a five-to-four majority, held that Congress lacked power to enact the provision. Under the Commerce Clause, gender-motivated violence is not economic activity, no matter how large its aggregate effects, and accepting that reasoning would leave nothing reserved to the states. Under Section five of the Fourteenth Amendment, Congress can reach state action, not private conduct. Justice Thomas concurred to repeat his attack on the substantial-effects test. Justices Souter and Breyer dissented, arguing that Congress had built a mountainous factual record of national economic harm. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - Civil Rights Cases, 109 U.S. 3 (1888) [as printed: Civil Rights Cases, 109 U. S. 3 (1883); Dissent (Justice Breyer)] episode - United States v. Harris, 106 U.S. 629 (1883) [as printed: United States v. Harris, 106 U. S. 629 (1883); Dissent (Justice Breyer)] (episode link pending) - United States v. Lopez, 514 U.S. 549 (1995) [as printed: United States v. Lopez, 514 U. S. 549 (1995); Dissent (Justice Souter)] episode - Marbury v. Madison, 1 Cranch 137 (1803) [as printed: Marbury v. Madison, 1 Cranch 137 (1803); Dissent (Justice Souter)] (episode link pending) - NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937) [as printed: NLRB v. Jones & Laughlin Steel Corp., 301 U. S. 1 (1937); Dissent (Justice Souter)] episode - Perez v. United States, 402 U.S. 146 (1971) [as printed: Perez, supra; Opinion of the Court (Chief Justice Rehnquist)] (episode link pending) - Inc. v. United States, 379 U.S. 241 (1964) (upholding civil rights laws forbidding discrimination at local motels) [as printed: Inc. v. United States, 379 U. S. 241 (1964) (upholding civil rights laws forbidding discrimination at local motels); Dissent (Justice Breyer)] episode - United States v. Darby, 312 U.S. 100 (1941) at 114 [as printed: United States v. Darby, 312 U. S. 100, 114 (1941); Opinion of the Court (Chief Justice Rehnquist)] episode - Shreveport Rate Cases, 234 U.S. 342 (1914) [as printed: Shreveport Rate Cases, 234 U. S. 342 (1914); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending) - Southern R. Co. v. United States, 222 U.S. 20 (1911) [as printed: Southern R. Co. v. United States, 222 U. S. 20 (1911); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending) (+45 more named aloud; see the website) Full list of 242 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/028-united-states-v-morrison
Dist. of Columbia v. Heller, 554 U.S. 570 (2008) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/025-district-of-columbia-v-heller Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep554/usrep554570/usrep554570.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. Washington, D.C. banned handguns in the home and required other firearms to be kept unloaded and disassembled or trigger-locked. Dick Heller, a special police officer who carried a gun on duty at a federal building, applied to keep a handgun at home and was refused. Justice Scalia, for a five-to-four majority, held that the Second Amendment protects an individual right to keep and bear arms, unconnected to service in a militia, and that the handgun ban and the trigger-lock rule violated it. His opinion is a long study of the Amendment's text and its eighteenth-century meaning, treating the prefatory clause about a well-regulated militia as announcing a purpose without limiting the right. Justice Stevens dissented with his own historical reading, focused on the militia. Justice Breyer dissented separately, arguing that even an individual right should yield to the city's interest in reducing gun violence. The clash of originalist histories is the heart of the case. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - Parker v. District of Columbia, 311 F.Supp.2d 103 (2004) at 109 [as printed: Parker v. District of Columbia, 311 F. Supp. 2d 103, 109 (2004); Opinion of the Court (Justice Scalia)] (episode link pending) - Parker v. District of Columbia, 478 F.3d 370 (2007) at 401 (case below) [as printed: Parker v. District of Columbia, 478 F. 3d 370, 401 (2007) (case below); Dissent (Souter)] (episode link pending) - United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) at 265 [as printed: United States v. Verdugo-Urquidez, 494 U. S. 259, 265 (1990); Opinion of the Court (Justice Scalia)] (episode link pending) - Muscarello v. United States, 524 U.S. 125 (1998) [as printed: Muscarello v. United States, 524 U. S. 125 (1998); Dissent (Justice Stevens)] (episode link pending) - United States v. Cruikshank, 92 U.S. 542 (1876) [as printed: United States v. Cruikshank, 92 U. S. 542 (1876); Dissent (Justice Stevens)] episode - Alden v. Maine, 527 U.S. 706 (1999) at 715 [as printed: Alden v. Maine, 527 U. S. 706, 715 (1999); Dissent (Justice Stevens)] (episode link pending) - United States v. Williams, 553 U.S. 285 (2008) [as printed: United States v. Williams, 553 U. S. 285 (2008); Opinion of the Court (Justice Scalia)] (episode link pending) - United States v. Miller, 307 U.S. 174 (1939) at 178 [as printed: United States v. Miller, 307 U. S. 174, 178 (1939); Dissent (Souter)] episode - Robertson v. Baldwin, 165 U.S. 275 (1897) at 281 [as printed: Robertson v. Baldwin, 165 U. S. 275, 281 (1897); Opinion of the Court (Justice Scalia)] (episode link pending) (+42 more named aloud; see the website) Full list of 397 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/025-district-of-columbia-v-heller
Employment Division v. Smith, 494 U.S. 872 (1990) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/026-employment-division-v-smith Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep494/usrep494872/usrep494872.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. Alfred Smith and Galen Black worked as counselors at a private drug rehabilitation organization in Oregon. They ingested peyote at a ceremony of the Native American Church, of which both were members, and were fired. Oregon then denied them unemployment benefits because they had been dismissed for work-related misconduct, and peyote possession was a crime in Oregon. Justice Scalia, for the majority, held that the Free Exercise Clause does not excuse anyone from complying with a valid, neutral law of general applicability. Requiring a compelling government interest for every such law, he wrote, would make each conscience a law unto itself. Justice O'Connor concurred only in the judgment and defended strict scrutiny. Justice Blackmun, joined by Justices Brennan and Marshall, dissented. The backlash was bipartisan: Congress passed the Religious Freedom Restoration Act in 1993 almost unanimously, and several current justices have questioned whether Smith should survive. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - Thomas v. Review Bd. of Indiana Employment Security Div., 450 U.S. 707 (1981) [as printed: Thomas v. Review Bd. of Indiana Employment Security Div., supra; Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending) - Sherbert v. Verner, 374 U.S. 398 (1963) at 412 (Douglas, J., concurring) [as printed: Sherbert v. Verner, 374 U. S. 398, 412 (1963) (Douglas, J., concurring); Opinion of the Court (Justice Scalia Justice O’Connor)] episode - Dept. of Human Resources of Oregon v. Smith, 485 U.S. 660 (1988) [as printed: Dept. of Human Resources of Ore. v. Smith, 485 U. S. 660 (1988); Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending) - Hobbie v. Unemployment Appeals Comm’n of Florida, 480 U.S. 136 (1987) [as printed: Hobbie, supra; Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending) - United States v. Ballard, 322 U.S. 78 (1944) at 86-88 [as printed: United States v. Ballard, 322 U. S. 78, 86-88 (1944); Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending) - McDaniel v. Paty, 435 U.S. 618 (1978) [as printed: McDaniel v. Paty, 435 U. S. 618 (1978); Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending) - Fowler v. Rhode Island, 345 U.S. 67 (1953) at 69 [as printed: Fowler v. Rhode Island, 345 U. S. 67, 69 (1953); Opinion of the Court (Justice Scalia Justice O’Connor)] (episode link pending) - Minersville School Dist. Bd. of Ed. v. Gobitis, 310 U.S. 586 (1940) [as printed: Minersville School Dist. v. Gobitis, 310 U. S. 586 (1940); Opinion of the Court (Justice Scalia Justice O’Connor)] episode (+35 more named aloud; see the website) Full list of 273 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/026-employment-division-v-smith
Loving v. Virginia, 388 U.S. 1 (1967) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/027-loving-v-virginia Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep388/usrep388001/usrep388001.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. Mildred Jeter, a Black and Native American woman, and Richard Loving, a white man, grew up in Caroline County, Virginia. In 1958 they married in Washington, D.C., where it was legal, and returned home. A few weeks later the sheriff entered their bedroom at night. They pleaded guilty to violating Virginia's ban on interracial marriage and were sentenced to a year in jail, suspended on condition that they leave Virginia and not return together for twenty-five years. Chief Justice Warren, for a unanimous Court, struck down the law under both the Equal Protection and Due Process Clauses. Restricting marriage solely because of race, he wrote, could not be justified, and the freedom to marry is one of the vital personal rights essential to the orderly pursuit of happiness. The opinion squarely rejects Virginia's argument that the law was valid because it punished both races equally. Justice Stewart concurred briefly. June twelfth is now celebrated as Loving Day. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - Naim v. Naim, 197 Va. 80 [as printed: Naim v. Naim, 197 Va. 80, 87 S. E. 2d 749; Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending) - Maynard v. Hill, 125 U.S. 190 (1888) [as printed: Maynard v. Hill, 125 U. S. 190 (1888); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending) - Meyer v. Nebraska, 262 U.S. 390 (1923) [as printed: Meyer v. Nebraska, 262 U. S. 390 (1923); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending) - Skinner v. Oklahoma, 316 U.S. 535 (1942) [as printed: Skinner v. Oklahoma, 316 U. S. 535 (1942); Opinion of the Court (Mr. Chief Justice Warren)] episode - Inc. v. New York, 336 U.S. 106 (1949) [as printed: Inc. v. New York, 336 U. S. 106 (1949); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending) - Inc. v. Bowers, 358 U.S. 522 (1959) [as printed: Inc. v. Bowers, 358 U. S. 522 (1959); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending) - McLaughlin v. Florida, 379 U.S. 184 (1964) at 198 (concurring opinion) [as printed: McLaughlin v. Florida, 379 U. S. 184, 198 (concurring opinion); Concurrence (Mr. Justice Stewart)] (episode link pending) - Pace v. Alabama, 106 U.S. 583 (1883) [as printed: Pace v. Alabama, 106 U. S. 583 (1883); Opinion of the Court (Mr. Chief Justice Warren)] (episode link pending) - Korematsu v. United States, 323 U.S. 214 (1944) at 216 [as printed: Korematsu v. United States, 323 U. S. 214, 216 (1944); Opinion of the Court (Mr. Chief Justice Warren)] episode Full list of 21 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/027-loving-v-virginia
United States v. Lopez, 514 U.S. 549 (1995) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/023-united-states-v-lopez Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep514/usrep514549/usrep514549.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. In 1992, Alfonso Lopez Junior, a twelfth-grader in San Antonio, brought a concealed handgun to school. He was charged under the federal Gun-Free School Zones Act of 1990, which made it a crime to possess a firearm in a school zone. Congress had cited its power to regulate interstate commerce. Chief Justice Rehnquist, for a five-to-four majority, held that the law exceeded that power. Possessing a gun near a school is not economic activity, and upholding the law would require piling inference upon inference until there was nothing Congress could not regulate. It was the first time since 1937 that the Court struck down a law as beyond the Commerce Clause. Justice Kennedy, joined by Justice O'Connor, concurred, and Justice Thomas wrote separately to call for rethinking the entire modern doctrine from the original meaning of "commerce." Justices Stevens, Souter, and Breyer each dissented. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - Gregory v. Ashcroft, 501 U.S. 452 (1991) at 461 [as printed: Gregory v. Ashcroft, supra, at 461; Dissent (Justice Souter)] (episode link pending) - Gibbons v. Ogden, 9 Wheat. 1 (1824) at 196-197 (Marshall, C. J.) [as printed: Gibbons v. Ogden, 9 Wheat. 1, 196-197 (1824) (Marshall, C. J.); Dissent (Justice Souter)] (episode link pending) - Wickard v. Filburn, 317 U.S. 111 (1942) [as printed: Wickard v. Filburn, 317 U. S. 111 (1942); Dissent (Justice Breyer)] episode - A. L. A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935) at 550 [as printed: A. L. A. Schechter Poultry Corp. v. United States, 295 U. S. 495, 550 (1935); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending) - NLRB v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937) [as printed: NLRB v. Jones & Laughlin Steel Corp., 301 U. S. 1 (1937); Concurrence (Justice Kennedy)] episode - United States v. Darby, 312 U.S. 100 (1941) at 116-117 (overturning the Court’s distinction between “production” and “commerce” in the child labor case, Hammer v. Dagenhart, 247 U. S. 251, 271-272 (1918)) [as printed: United States v. Darby, 312 U. S. 100, 116-117 (1941) (overturning the Court’s distinction between “production” and “commerce” in the child labor case, Hammer v. Dagenhart, 247 U. S. 251, 271-272 (1918)); Dissent (Justice Breyer)] episode - Maryland v. Wirtz, 392 U.S. 183 (1968) at 190 [as printed: Maryland v. Wirtz, 392 U. S. 183, 190 (1968); Dissent (Justice Souter)] (episode link pending) - National League of Cities v. Usery, 426 U.S. 833 (1976) [as printed: National League of Cities v. Usery, 426 U. S. 833 (1976); Opinion of the Court (Chief Justice Rehnquist)] (episode link pending) (+65 more named aloud; see the website) Full list of 311 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/023-united-states-v-lopez
Roe v. Wade, 410 U.S. 113 (1973) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/020-roe-v-wade Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep410/usrep410113/usrep410113.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. Norma McCorvey, using the pseudonym Jane Roe, was a pregnant, unmarried woman in Dallas who challenged Texas laws making abortion a crime except to save the mother's life. Her case was argued twice. Justice Blackmun, for a seven-to-two majority, held that the right of privacy, founded in the Fourteenth Amendment's concept of personal liberty, is broad enough to encompass a woman's decision whether to terminate her pregnancy. He then built the trimester framework: little state regulation in the first trimester, regulation for maternal health in the second, and possible prohibition after viability. Justices White and Rehnquist dissented. White called the decision an exercise of raw judicial power. Critics across the spectrum, including scholars who supported legal abortion, attacked the opinion's constitutional reasoning from the start. The Court modified Roe in Planned Parenthood versus Casey in 1992 and overruled it in Dobbs versus Jackson Women's Health Organization in 2022. Listen for how much of the opinion is history, and how little is constitutional text. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - Lochner v. New York, 198 U.S. 45 (1905) at 74 [as printed: Lochner v. New York, 198 U. S. 45, 74 (1905); Dissent (Mr. Justice Rehnquist)] episode - Gunn v. University Committee, 399 U.S. 383 (1970) [as printed: Gunn v. University Committee, 399 U. S. 383 (1970); Opinion of the Court (Mr. Justice Blackmun)] (episode link pending) - Mitchell v. Donovan, 398 U.S. 427 (1970) [as printed: Mitchell v. Donovan, 398 U. S. 427 (1970); Opinion of the Court (Mr. Justice Blackmun)] (episode link pending) - Florida Lime Growers v. Jacobsen, 362 U.S. 73 (1960) at 80-81 [as printed: Florida Lime Growers v. Jacobsen, 362 U. S. 73, 80-81 (1960); Opinion of the Court (Mr. Justice Blackmun)] (episode link pending) - Baker v. Carr, 369 U.S. 186 (1962) at 204 [as printed: Baker v. Carr, 369 U. S. 186, 204 (1962); Opinion of the Court (Mr. Justice Blackmun)] episode - Golden v. Zwickler, 394 U.S. 103 (1969) [as printed: Golden v. Zwickler, 394 U. S. 103 (1969); Opinion of the Court (Mr. Justice Blackmun)] (episode link pending) - SEC v. Medical Committee for Human Rights, 404 U.S. 403 (1972) [as printed: SEC v. Medical Committee for Human Rights, 404 U. S. 403 (1972); Opinion of the Court (Mr. Justice Blackmun)] (episode link pending) - Samuels v. Mackell, 401 U.S. 66 (1971) [as printed: Samuels v. Mackell, supra; Opinion of the Court (Mr. Justice Blackmun)] (episode link pending) - Younger v. Harris, 401 U.S. 37 (1971) [as printed: Younger v. Harris, 401 U. S. 37 (1971); Opinion of the Court (Mr. Justice Blackmun)] episode (+44 more named aloud; see the website) Full list of 164 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/020-roe-v-wade
Penn Cent. Transp. Co. v. New York City, 438 U.S. 104 (1978) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/021-penn-central-transportation-co-v-new-york-city Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep438/usrep438104/usrep438104.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. Grand Central Terminal was designated a landmark under New York City's preservation law. Its owner, Penn Central, leased the air rights to a developer who planned an office tower of more than fifty stories on top of the terminal, designed by Marcel Breuer. The city's Landmarks Preservation Commission rejected both versions of the plan, and Penn Central argued the city had taken its property without just compensation. Justice Brennan, for a six-to-three majority, held there was no taking. He admitted the Court had never found a set formula, and instead described an ad hoc, factual inquiry focused on the economic impact of the regulation, its interference with distinct investment-backed expectations, and the character of the government action. Those three factors still decide most regulatory takings cases. Justice Rehnquist, joined by Chief Justice Burger and Justice Stevens, dissented, arguing that a few owners were being forced to bear a cost that should fall on the whole public. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - Armstrong v. United States, 364 U.S. 40 (1960) at 49 [as printed: Armstrong v. United States, 364 U. S. 40, 49 (1960); Dissent (Mr. Justice Rehnquist)] (episode link pending) - Gold-blatt v. Hempstead, 369 U.S. 590 (1962) [as printed: Goldblatt v. Hempstead, 369 U. S. 590 (1962); Dissent (Mr. Justice Rehnquist)] (episode link pending) - United States v. Central Eureka Mining Co., 357 U.S. 155 (1958) at 168 [as printed: United States v. Central Eureka Mining Co., 357 U. S. 155, 168 (1958); Opinion of the Court (Mr. Justice Brennan)] (episode link pending) - Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922) at 415 [as printed: Pennsylvania Coal Co. v. Mahon, 260 U. S. 393, 415 (1922); Dissent (Mr. Justice Rehnquist)] episode - Nectow v. Cambridge, 277 U.S. 183 (1928) at 188 [as printed: Nectow v. Cambridge, 277 U. S. 183, 188 (1928); Opinion of the Court (Mr. Justice Brennan)] (episode link pending) - Welch v. Swasey, 214 U.S. 91 (1909) (height restriction) [as printed: Welch v. Swasey, 214 U. S. 91 (1909) (height restriction); Opinion of the Court (Mr. Justice Brennan)] (episode link pending) - Gorieb v. Fox, 274 U.S. 603 (1927) at 608 (requirement that portions of parcels be left unbuilt) [as printed: Gorieb v. Fox, 274 U. S. 603, 608 (1927) (requirement that portions of parcels be left unbuilt); Opinion of the Court (Mr. Justice Brennan)] (episode link pending) - Goldblatt v. Hempstead, supra, at 592-593 at 592-593 [as printed: Goldblatt v. Hempstead, supra, at 592-593; Opinion of the Court (Mr. Justice Brennan)] (episode link pending) (+15 more named aloud; see the website) Full list of 141 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/021-penn-central-transportation-co-v-new-york-city
Reed v. Reed, 404 U.S. 71 (1971) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/024-reed-v-reed Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep404/usrep404071/usrep404071.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. Richard Reed, a teenager in Idaho, died in 1967 without a will. His separated parents, Sally and Cecil Reed, each applied to administer his small estate. An Idaho statute said that among people equally entitled, males must be preferred to females, so the court appointed Cecil. Chief Justice Burger, for a unanimous Court, held that a mandatory preference for men, adopted merely to avoid hearings, was the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause. It was the first time the Court struck down a law for discriminating on the basis of sex. The opinion is short, and it applies only rational-basis review. The lead brief for Sally Reed was written by a Rutgers law professor named Ruth Bader Ginsburg, who would build on this case for the rest of the decade toward the intermediate scrutiny now used for sex classifications. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - , supra [as printed: , supra; Opinion of the Court (Mr. Chief Justice Burger)] (episode link pending) Full list of 9 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/024-reed-v-reed
Tinker v. Des Moines Indep. Cmty. School Dist., 393 U.S. 503 (1969) Full notes and cites: https://opinion-of-the-court.pages.dev/ep/022-tinker-v-des-moines-independent-community-school-d Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep393/usrep393503/usrep393503.pdf Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice. In December 1965, a group of Des Moines students planned to wear black armbands to mourn the dead of the Vietnam War. School principals learned of the plan and adopted a rule banning armbands. Thirteen-year-old Mary Beth Tinker, her fifteen-year-old brother John, and sixteen-year-old Christopher Eckhardt wore them anyway and were suspended. Justice Fortas, for a seven-to-two majority, held that students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. Schools may restrict student speech only if it would materially and substantially disrupt school work or discipline, or invade the rights of others. A vague fear of disturbance is not enough. Justice Black, in a fierce dissent, warned that the decision ushered in a new revolutionary era of permissiveness and that schools were for learning, not for pupils to run. Justice Harlan also dissented. Later cases have cut back on Tinker, but its test still governs. Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website. Cases named aloud - Burnside v. Byars, 363 F.2d 744 (1966) at 748 [as printed: Burnside v. Byars, 363 F. 2d 744, 748 (C. A. 5th Cir. 1966); Concurrence (Me. Justice White)] (episode link pending) - West Virginia v. Barnette, 319 U.S. 624 (1943) [as printed: West Virginia v. Barnette, 319 U. S. 624; Dissent (Mb. Justice Black)] episode - Stromberg v. California, 283 U.S. 359 (1931) [as printed: Stromberg v. California, 283 U. S. 359; Dissent (Mb. Justice Black)] episode - Bartels v. Iowa, 262 U.S. 404 (1923) [as printed: Bartels v. Iowa, 262 U.S. 404 (1923); Opinion of the Court (Mr. Justice Fortas)] (episode link pending) - Meyer v. Nebraska, 262 U.S. 390 (1923) [as printed: Meyer v. Nebraska, supra; Dissent (Mb. Justice Black)] (episode link pending) - Terminiello v. Chicago, 337 U.S. 1 (1949) [as printed: Terminiello v. Chicago, 337 U. S. 1 (1949); Opinion of the Court (Mr. Justice Fortas)] (episode link pending) - Keyishian v. Board of Regents, 385 U.S. 589 (1967) at 603 [as printed: Keyishian v. Board of Regents, 385 U. S. 589, 603; Opinion of the Court (Mr. Justice Fortas)] (episode link pending) - Blackwell v. Issaquena County Board of Education, 363 F.2d 749 (C. A. 5th Cir. 1966) [as printed: Blackwell v. Issaquena County Board of Education, 363 F. 2d 749 (1966); Opinion of the Court (Mr. Justice Fortas)] (episode link pending) - Hamilton v. Regents of Univ. of Cal., 293 U.S. 245 (1934) [as printed: Hamilton v. Regents of Univ. of Cal., 293 U. S. 245 (1934); Opinion of the Court (Mr. Justice Fortas)] (episode link pending) (+9 more named aloud; see the website) Full list of 52 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/022-tinker-v-des-moines-independent-community-school-d