Home: Constitutional Law Case Briefs

A.L.A. Schechter Poultry Corp. v. United States 295 U.S. 495 (1935) Facts Petitioners sold chickens wholesale in Brooklyn Slaughterhouses,...

Name: ABBOTT LABS., V. GARDNER (1967) Statement of the Case: 37 different drug manufacturers are seeking declaratory and injunctive relief from...

ABF Freight System, Inc. v. National Labor Relations Board, 510 U.S. 317 (1994) Facts: An employee of ABF Freight System, Inc. (“ABF”) was late...

1. Abrams v. United States, 250 U.S. 616 (1919); pg. 1014, briefed 4/22/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Adair v. United States, 208 U.S. 161 (1908). Facts: Congress passed the Erdman Act which prohibited railroad employers whose companies engaged...

1. Adamson v. California, (1947); Pg. 415, briefed 10/22/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Adamson was...

Adarand Constructors v. Pena (1995) Prepared by Christa Facts: CFLHD, a part of US DOT, gave extra money to contractors who gave work to...

Procedural History: Construction company challenges law which gives financial incentives for government to hire socially and economically...

1. Adarand Constructors, Inc. v. Peña, (1995); pg. 235, briefed 2/25/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

Adkins v. Children's Hospital Facts DC enacted a law setting a minimum wage for women and children. Issues Is a minimum wage law for women...

Alden v. Maine Prepared by Christa Facts: The state wasn’t paying overtime under FLSA, so the probation officers wanted to sue. Issue: ...

Allgeyer v. Louisiana 165 U.S. 578 (1897) Facts A citizen of LA entered into a contract with a NY insurance company. It did so in NY to insure...

American Insurance Assoc. v. Garamendi (2003) Prepared by Christa Issue: Whether California’s Holocaust Victim Insurance Relief Act of 1999 can...

Name: AZ CHRISTIAN SCHOOL TUITION ORG., V. WINN, (2011) Statement of the Case: Respondents, as AZ taxpayers, challenge that a tax credit for STO...

1. Bailey v. Drexel Furniture, (1922_; pg. 177, briefed 9/24/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

1. Barron v. Mayor & City Council of Baltimore, (1833); pg. 397, briefed 10/22/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Beauharnais v. Illinois 343 U.S. 250 (1952) Facts Appellant circulated a pamphlet that called on the Mayor and City Council of Chicago to halt...

1. Bernal v. Fainter, (1984); pg. 683, briefed 2/7/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Texas had a state...

1. Board of Education of Oklahoma City Public Schools v. Dowell, (1991); pg. 226 Supp., briefed 2/18/96 Prepared by Roger Martin...

1. Board of Regents v. Roth, 408 U.S. 564 (1972); pg. 585, briefed 1/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Board of Trustees v. Garrett Facts: Title I of the ADA required certain employers, including State governments, from discriminating against...

Bolling v. Sharpe 347 U.S. 497 (1954) Facts DC public schools were segregated based on race. Issues Does the equal protection clause of the...

Name: BOND V. U.S., (2011) Statement of the Case: Petitioner, Carol Ann Bond, is challenging 18 U.S.C. §229, on the grounds that it is an...

Boos v. Barry 485 U.S. 312 FactsDC Code has a provision that prohibits displaying signs critical of a government within 500 feet of that...

Name: BOUMEDIENE V. BUSH (2008) Statement of the Case: Petitioner alien detainees sought writs of habeas corpus, arguing that Congress did...

1. Bowers v. Hardwick, (1986); pg. 565, briefed 11/18/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Respondent was...

1. Bowsher v. Synar, (1986); pg. 333, briefed 3/17/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The...

1. Brandenburg v. Ohio, (1969); pg. 1061, briefed 4/30/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Brandenburg...

Brown v. Board of Education (1954) Prepared by Christa Facts: this suit was brought to challenge the “separate but equal” division of schools. ...

1. Brown v. Board of Education (Brown I), (1954); pg. 649, briefed 1/23/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Procedural History: Brown claims that Plessy’s separate but equal doctrine does not satisfy the 14th Amendment’s requirement that black...

Procedural History: Virginia law is passed which allows sterilization of mental incompetents. Plaintiff Carrie Buck challenges the state law on Due...

1. Burton v. Wilmington Parking Authority, (1961); pg. 906, briefed 4/6/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Bush v. Gore (2000) Prepared by Christa Facts: FL SC ordered a manual recount for voter’s cards to determine what ‘hanging chads’ meant; there...

1. Calder v. Bull, (1798); pg. 434, briefed 11/2/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: There was a dispute...

Califano v. Webster 430 U.S. 313 (1977) Facts Women were allowed to exclude three more lower earned income years than man from their average...

Carter v. Carter Coal Co. 298 U.S. 238 (1936) Facts The “Bituminous Coal Conservation Act of 1935” provided the power to fix the minimum and...

Champion v. Ames (The Lottery Case) 188 U.S. 321 (1903) Arguments Appellant: Carrying lottery tickets between states by an express delivery...

1. Chaplinski v. New Hampshire, (1942); pg. 1070, briefed 4/30/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: ∆ was...

1. Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, (1993); pg. 425 Supp., briefed 4/22/96 Prepared by Roger Martin...

City of Boerne v. Flores: Prepared by Christa Issue: Whether Congress has the power, under § 5 of the 14th amendment, to enact the Religious...

City of Cleburne, TX v. Cleburne Living Center (1985) Prepared by Christa Facts: The CLC was denied a special permit to operate the home for...

Procedural History: Affirmative action law, which requires 30% of city contracts to go to Minority Business Enterprises, is challenged for race-based...

City of Richmond v. JA Croson Co. (1989) Prepared by Christa Facts: Plaintiffs adopted a plan that required all contractors to subcontract at...

1. Cleburne v. Cleburne Living Center, Inc., (1985); pg. 694, briefed 2/11/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Name: CLINTON V. CITY OF NEW YORK, (1998) Statement of the Case: Appellees challenge the constitutionality of the Line Item Veto Act, which...

Name: CLINTON V. JONES (1997) Statement of the Case: Respondent, a private citizen, sought to recover damages from petitioner, the President...

Cohen v. California 403 U.S. 15 (1971) Facts Cohen was in the hallway of a courthouse, where women and children were present, wearing a jacket...

Cohens v. Virginia 19 U.S. (6 Wheat.) 264 (1821) Facts Two brothers were sold DC lottery tickets, which violated Virginia Law. Arguments...

1. Cooley v. Board of Wardens of The Port of Philadelphia, (1851); pg. 219, briefed 10/1/95. Prepared by Roger Martin...

Coppage v. Kansas 236 U.S. 1 (1915) Facts Kansas had a law that made it illegal for an employer to require an employee to agree not join a union...

Craig v. Boren (1976) Prepared by Christa Facts: OK passed a statute barring any male under 21 to buy 3.2% alcohol but girls only had to be 18....

1. Craig v. Boren, (1976); pg. 661, briefed 1/28/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A Oklahoma statute...

Crosby v. National Foreign Trade Council 530 U.S. 363 (2000) Facts Massachusetts passed a law black-listing companies that worked with Burma...

1. Cruzan v. Director, MO. Dept. of Health, (1990); pg. 575, briefed 11/25/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Cruzan v. Director, Missouri Dept. of Heath (1990) Prepared by Christa Facts: Cruzan, daughter, was severely hurt in a car accident and is now...

1. CTS Corp. v. Dynamics Corp. of Am., (1987); pg. 272, briefed 10/1/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Name: D.C. v. Heller, S. Ct. (2008) Statement of the Case: Respondent Heller is suing D.C. seeking to enjoin the city from enforcing the...

Dames & Moore v. Regan, Secretary of the Treasury 453 U.S. 654 (1981) Facts After the diplomatic personnel at American Embassy in Tehran were...

1. Dean Milk Co. v. Madison, (1951); pg. 247, briefed 10/1/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Fact:...

Debs v. United States 249 U.S. 211 (1919) Facts Defendant gave a speech on socialism and its ultimate future success. He intimated that he was...

1. Dennis v. United States, (1951); pg. 1042, briefed 4/22/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: ∆s were...

District of Columbia v. Heller 128 S. Ct. 2783 (2008) Facts In DC it’s a ccrime to carry an unregistered firearm, and it is prohibited to...

1. Dolan v. City of Tigard, (1994); pg. 133, briefed 11/5/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Dolan...

1. Duncan v. Louisiana, (1968); pg. 421, briefed 11/2/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Duncan was...

Edmonson v. Leesville Concrete Co. Prepared by Christa Issue: whether a private litigant’s use of peremptory challenges to exclude jurors...

1. Edmonson v. Leesville Concrete Co., (1991); pg. 272 Supp., briefed 4/6/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2....

Eisenstadt v. Baird 405 U.S. 438 (1972) Facts A doctor or pharmacist may only provide contraceptives for the purposes of preventing conception...

1. Employment Div. Ore. Dept. of Human Res. v. Smith, (1990); pg. 1573, briefed 4/22/96 Prepared by Roger Martin...

1. Ex Parte McCardle, (1869); pg. 39, briefed 9/8/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: McCardle was...

Name: EX PARTE QUIRIN (1942) Statement of the Case: Petitioners, eight German-born U.S. residents, are seeking writs of habeas corpus, on...

Federal Maritime Comm. V. SC State Ports Authority Prepared by Christa The FMC is trying to bring suit on behalf of a 3rd party for the...

1. Flast v. Cohen, (1968); pg. 1601, briefed 4/11/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Taxpayers...

1. Foley v. Connelie, (1978); pg. 682, briefed 2/7/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: New York had a...

Name: FREE ENTERPRISE FUND V. PUBLIC COMP. ACCT. (2010) Statement of the Case: Petitioners are a non profit org. seeking declaratory judgment...

1. Freeman v. Pitts, (1992); pg. 228, briefed 2/18/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The school board...

Frohwerk v. United States 249 U.S. 204 (1919) Facts Frohwerk was indicted on 13 counts of conspiracy for preparing and circulating a newspaper...

1. Frontiero v. Richardson, (1973); pg. 659, briefed 1/28/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The...

1. Frothingham v. Mellon, (1923); pg. 1600, briefed 4/11/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A federal...

1. Garcia v. San Antonio Metro. Transit Auth., (1985); pg. 160, briefed 9/17/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Garcia v. San Antonio Metropolitan Transit Authority (1985) Prepared by Christa Garcia wanted overtime pay under FLSA; SAMTA didn’t want to pay...

1. Geduldig v. Aiello, (1974); pg. 675, briefed 2/6/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: California had a...

Geier v. American Honda Motor Co. (2000) Prepared by Christa Issue: Whether the Nat’l Traffic and Motor Vehicle Safety Act of 1996, and the...

1. Gibbons v. Ogden, (1824); pg. 94, briefed 9/10/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Gibbons was...

1. Gibbons v. Ogden, Part II (1824); pg. 214, briefed 10/1/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: See...

Gitlow v. New York 268 U.S. 652 (1925) Facts Defendant published a manifesto that advocated militant socialism through mass industrial revolts. ...

1. Goesaert v. Cleary, (1948); pg. 658, briefed 1/28/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A Michigan...

1. Goldberg v. Kelly, (1970); pg. 584, briefed 1/14/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A welfare...

Gonzales v. Carhart 127 S. Ct. 1610 (2007) Facts In 2003, Congress passed the Partial-Birth Abortion Ban Act. This Act banned abortions in...

Gonzales v. Raich 545 U.S. 1 (2005) Facts In 1996, California passed the Compassionate Use Act which gives seriously ill Californians access to...

1. Graham v. Richardson, (1971); pg. 681, briefed 2/7/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A state law...

Gratz v. Bollinger 539 U.S. 244 (2003) Facts In 1995 and 1996, the University of Michigan would have accepted an applicant with Gratz’s SCUGA...

1. Green v. County School Board, (1968); pg. 729, briefed 2/11/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A...

1. Gregory v. Ashcroft, (1991); pg. 40 Supp., briefed 9/17/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

1. Griggs v. Duke Power Co., (1971); pg. 708, briefed 2/11/96 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: A company...

1. Griswold v. Connecticut, (1965); pg. 493, briefed 11/15/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: Griswold...

Grutter v. Bollinger (2003) Prepared by Christa Facts: plaintiff applied to U. of Michigan law school with high grades and good LSAT score. ...

Procedural History: White law school applicant at the University of Michigan challenges policy of giving race consideration in admissions decisions....

Hammer v. Dagenhart ]247 U.S. 251 (1918) Facts Congress passed a law setting age limits for children working in factories and time limits for...

1. Heart of Atlanta Motel v. United States, (1964); pg. 151, briefed 9/17/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...