Cases
Case
Court
Date
Type of opinion
(plurality; majority;
dissent; etc.
Procedural Posture
Facts
Applicable tests/rules
Holding
Rationale
Why
(analo
Dept. of Housing v.
Rucker (HSE)
S.Ct.
March 26, 2002
Reversed and
remanded.
Housing project residents
evicted for drug activity.
Canon of
constitutional
avoidance applies
only when a statute is
ambiguous. Dept. of
Housing v. Rucker,
535 U.S. 125, 134
(2002), citing United
States v. Oakland
Cannabis Buyers’
Cooperative, 532 U.S.
483, 494, 121 S.Ct.
1711, 149 L.Ed.2d
722 (2001).
(Ct. Ap
10—av
used to
ambigu
Gregory v. Ashcroft
(LB)
S.Ct.
June 20, 1991
Affirmed.
Mandatory retirement of
judges at age 70.
When the “usual
constitutional
balance” between state
and federal
governments is
altered, the
Congressional
statement of such
intention must be
“unmistakably clear in
the language of the
statute.” Gregory v.
Ashcroft, 501 U.S.
452, 460-461, 111
S.Ct. 2395 (1991),
quoting Atascadero
State Hospital v.
Scanlon, 473 U.S.
(Dist. C
that if C
to alter
betwee
federal
must d
stateme
US v. Enmons
S.Ct.
Feb. 22, 1973
Affirmed.
Indictment under Hobbs
Act—federal crime to
obstruct federal commerce
through robbery or extortion.
DeBartolo v. Florida
Gulf Coast (RR)
S.Ct.
April 20, 1988
Affirmed.
NLRB ordered union
workers to stop distributing
handbills outside mall.
Johnson v. Governor of
11th
April 12, 2005
Affirmed.
Challenge to Florida’s felon
234, 242 (1985).
Congress must
explicitly convey its
purpose for the
balance between state
and federal
governments to shift
it. United States v.
Enmons, 410 U.S.
396, 411-412, 93 S.Ct.
1007, 1015-1016
(1973).
If there are two
constructions of a
statute, one of which
raises constitutional
infirmities and the
other does not, the
court will avoid the
former unless it goes
against the intent of
Congress. DeBartolo
v. Florida Gulf Coast,
485 U.S. 568, 575,
108 S.Ct. 1392
(1988).
“The courts will…not
lightly assume that
Congress intended to
infringe
constitutionally
protected liberties or
usurp power
constitutionally
forbidden it.”
DeBartolo v. Florida
Gulf Coast, 485 U.S.
568, 575, 108 S.Ct.
1392 (1988), citing
Grenada County
Supervisors v.
Brogden, 112 U.S.
261, 269, 5 S.Ct. 125,
129, 28 L. Ed. 704
(1884).
(Dist. C
Jentsen
would
relation
and fed
jurisdic
(Dist. C
5) (Ct.
9)
11th Ci
Florida (HSE)
Circuit
disenfranchisement statute.
Muntiqim v. Coombe
(HSE)
2nd
Circuit
April 23, 2004
Farrakhan v. WA
(HSE)
9th
July 25, 2003
City of Mobile v.
Bolden (JJS)
S.Ct.
April 22, 1980
applica
FD stat
opinion
Constit
discreti
disenfr
(Ct. Ap
canon e
conclud
encomp
2nd Circ
applica
FD stat
opinion
believa
would
VRA to
statutes
opinion
stateme
conclud
not enc
statutes
vague,
ambigu
9th Circ
applica
FD stat
opinion
opinion
that 19
unamb
encomp
statutes
Alteration of balance
between state and
federal government—
states get to monitor
time, place, manner of
federal elections.
Plurality – 4 justices
Affirmed in part,
reversed in part, and
remanded.
Challenge to WA’s FD
statute brought by 6 felons.
Bench trial jdgmt for
plaintiffs aff’d by ct
app
City of Mobile’s at large
electoral system – no African
American ever elected to city
commission
S.Ct. reversed and
remanded
Considering racial
bias in criminal justice
system in its totality
of circumstances
determination, the 9th
Circuit found that
Washington’s felon
disenfranchisement
statute was not only
within the purview of
Section 2 of the VRA,
but was in violation of
it.
VRA has same scope
as 15th Amend.
Disproportionat
e effects alone
are insufficient
to establish a
claim of
unconstitutional
racial vote
dilution
15th Am. Doesn’t
guarantee right to have
ones preferred candidates
elected or to have
proportional representation
1982 a
VRA w
respons
Richardson v. Ramirez
(JJS)
S.Ct.
June 24, 1974
Majority 6-3
Reversed and
remanded.
Provisions of CA const. &
statutory implementation
disenfranchise felons – equal
protection challenge
EPC does not require
states to offer a
compelling interest
before enacting felon
disenfranchisement
laws. 14th A Sec. 2
allows for FD.
§ 2 of 14th Am.
Affirmatively
sanctions felon
disenfranchisem
ent by states
Can’t have intended to ban
outright in § 1 that which
was expressly exempted
from lesser sanction in § 2
(Dist. C
affirma
FD stat
14th Am
Hunter v. Underwood
(JJS)
S.Ct.
April 16, 1985
Majority 8-0 (Powell
took no part in
decision)
11th Cir rev’d trial
ct, directed it to issue
injunction ordering
registration of
plaintiffs – aff’d
Alabama constitution
prohibited felons convicted
for CMTs from voting. – in
this case, “presenting a
worthless check”
Under EPC, the Court
found that there was
discriminatory
legislative intent, so
the statute violated
EPC.
“10th Am cannot save
legislation prohibited by
subsequently enacted 14th
Am” at 233
Resp: J
14A ca
legislat
subseq
15A //
Pet: FD
by VRA
when r
Bd. of Trs. of the Univ.
of Ala. v. Garrett, 531
U.S. 356(JJS)
S.Ct.
Feb. 21, 2001
Majority, 5-4
11th Cir rev’d S/J for
∆ state
S.Ct rev’d
State employees sued their
employers for violation of
title I & II of Americans with
Disabilities Act – suit for
money damages
Record of historical
const’l violations by
states; congruent &
proportional
§2 14th Am.
“not designed to
permit the
purposeful racial
discrimination...
which otherwise
violates § 1 of
the 14th Am.”
At 233
Suits for $
damages barred
by 11th Am.
Sovereign immunity not
validly abrogated b/c title I
of ADA not valid exercise
of 14th Am enforcement
power - no pattern of
discrimination and not
congruent and proportional
City of Boerne v.
Flores, 521 U.S.
507(JJS)
S.Ct.
June 25, 1997
Majority, 6-3 (except
pt III-A)
5th Cir rev’d dist ct
& found RFRA
const’l
S.Ct. reverses
Local zoning authorities
denied building permit to
church b/c historical
preservation – church
challenged under Religious
Freedom Restoration Act
Establishes
congruence &
proportionality test at
519-20
RFRA exceeds
scope of
Congress’
power under
14th Am § 5
Not designed to identify &
counteract state laws likely
to be unconst’l b/c of their
treatment of religion – at
534-35
Uses K
VRA a
historic
require
prophy
lack of
discrim
disable
mechan
Contra
for con
proport
US v. Lopez, 514 U.S.
549(JJS)
S.Ct.
1995
Casazza v. Kiser, 313
F.3d 414
8th
2002
Thornburg v. Gingles,
S.Ct.
1986
(Dist. C
have pr
for defi
enforci
(Ct. Ap
of revie
opinion
(Ct. Ap
478 U.S. 30, 45-47
(RR)
Pa Dept. of Corr. v.
Yeskey, 524 U.S. 206,
209 (LB)
Major v. Treen, 574
F.Supp. 325 (JJS)
Mixon v. Ohio, 193
F.3d 389
Wesley v. Collins, 791
F.2d 1255 (LB)
Chisom v. Roemer
(LB)
South Carolina v.
Katzenback (JJS)
City f Rome v. U.S.
Baker v. Pataki (RR)
NRLB v. Catholic
S.Ct.
1998
E.D.
Louisia
na
6th
September 23,
1983
6th
(Ct. Ap
September 30,
1999
1986
(Ct. Ap
withou
1973 e
statutes
S.Ct.
S.Ct.
Mar. 7, 1966
Warren maj., Black
dissenting
Orig jurisd in S.Ct.
Bill of complaint
dismissed
S. Carolina filed bill of
complaint, seeking
declaration that pre-clearance
provision of VRA unconst’l
“must be judged w/
reference to the
historical experience
which it reflects” at
308
McCulloch v. Md –
end legitimate, w/in
scope of const, & all
means appropriate,
plainly adapted to that
end, not prohibited,
but consist w/ letter &
spirit of const. 4
L.Ed. 579
Ex Parte Virginia –
whatever tends to
enforce submission to
the prohibitions they
contain and to secure
to all persons the
enjoyment of perfect
equality of civil rights
and the EP of the laws
against state denial or
invitation, if not
prohibited...100 US at
345-46
Preclearance
sections of VRA
are appropriate
means for
carrying out
Cong’s const’l
responsibilities
& are consonant
w/ all other
provisions of the
Const. at 308
“On the rare occasions
when the ct has found an
unconst’l exercise of these
powers, in its opinion
Cong had attacked evils
not comprehended by
15A” at 326
Cong had learned that
widespread & persistent
disc in voting during recent
yrs has typically entailed
the misuse of tests &
devices, & this was the evil
for which the new
remedies were specifically
designed.” At 331
Compa
& VRA
compre
Bishop (RR)
Nev. Dept. of Human
Res. v. Hibbs (JJS)
Kimel v. Fla. Bd. Of
Regents
Tennessee v. Lane
U.S v. Mississippi
Oregon v. Mitchell
U.S. v. Board of
Commissioners
S.Ct.
May 27, 2003
Maj.
9th circuit rev’d s/j
for ∆
S.Ct aff’d
State employees sued for
damages & injunctive relief
for violations of Family &
Medical Leave Act
Applied congruence &
proportionality from
City of Boerne
FMLA is
congruent &
proportional,
designed to
prevent/remedy
unconst’l
behavior
S.Ct.
Jan. 11, 2000
Plurality – only 4
justices join opinion
on enforcement
power
Aff’d ct of appeals,
dismisssed
State employees sue for
declaratory & injunctive
relief & monetary damages
for violation of Age
Discrimination in
Employment Act
Clear statement to
abrogate 11A?
Exceeds scope of 14A
enforcement power?
ADEA doesn’t
validly abrogate
sovereign
immunity
S.Ct.
Dec. 21, 1970
unanimous as to
upholding literacy
test ban
S.Ct. orig jurisd
OR & TX seek to enjoin
enforcement of 1970
amendments to VRA
Nationwide
literacy test ban
upheld
Aim: sex discrim in emp’t
Evid of state laws limiting
women’s emp’t & gender
gap in family leave &
pervasive but subtle sex
discrim in emp’t
Remedy justified even
where some states have gd
leave policies
Mutually reinforcing
stereotypes difficult to
detect on case by case
basis
“narrow
the fau
work a
Rationale is Black’s only
Congre
specific