Supreme Court

William Johnson

William Johnson

Supreme Court Judge: William Johnson
William Johnson was a Supreme Court Justice from 1804 to 1834 as well as a state legislator and a judge in South Carolina. He was born in Charleston. He later studied law at Princeton, where he graduated in 1790 with an A.B. He read law in the Charles Cotesworth Pinckney’s office, and then passed the bar in 1793. 
William Johnson was nominated for the position of Associate Justice on March 22, 1804 by Thomas Jefferson and was confirmed by the Senate on March 24, 1804, where he received his commission two days later. William Johnson was the first of Jefferson’s appointments to the Supreme Court, and was thought have the most similar beliefs about the Constitution. As a Justice, William Johnson was a very independent mind. While John Marshal, the Chief Justice had an ability to direct the opinions of many of the justices, Johnson became known for often dissenting.
Famous Cases
Fletcher v. Peck (1810): A landmark Supreme Court decision where for the first time Court ruled a state law unconstitutional. This action helped start and create a precedent for the sanctity and importance of legal contracts, and implied that Native Americans did not actually hold title to their own lands. The case resulted in the Supreme Court, as well as Justice William Johnson, reaching a unanimous decision that ruled that the repeal by the state legislature of the law was not valid because of the unconstitutionality of the law.
The opinion of the court, which was written by John Marshall, stated that a sale was a binding contract and could not be invalidated even if the contract was illegally secured, in accordance to the Contract Clause, or Article I, Section 10, Clause I of the Constitution. This case resulted in the Court asserting its judicial right to invalidate a state law which was in conflict with the Constitution.  In the concurrence written by Justice William Johnson, he wrote that while he did not hesitate in declaring that the state law was unconstitutional, he did so because of the nature of the case, specifically because the law imposed on the deity. 
McCulloch v. Maryland (1819): A landmark Supreme Court decision which established two principles. The first was that the Constitution gave Congress the implied powers to implement their will in order to make a functional national government. The second was that these powers and actions could not impede on any constitutional exercises of power performed by the federal government. This case resulted from an event where the state of Maryland tried to impede the operation of the Second Bank of the U.S. by placing a tax on all bank notes not chartered within the state.
While the law was generally applicable to all banks which were not chartered in Maryland, this particular bank was the only one existing in the state that was an out-of-state bank, meaning that the law specifically targeted this U.S. Bank. As a result, the unanimous decision of the Supreme Court, which included the opinion of William Johnson, invoked the Constitution’s Necessary and Proper Clause, allowing the Federal government to pass laws that were not explicitly given in the Constitution’s list of express powers for Congress, as long as the laws were in could further the  Congress’ powers under the Constitution. 

John Jay

John Jay

Supreme Court Justice: John Jay
John was an American politician, revolutionary, diplomat, statesman, Founding Father, and the very first Chief Justice of the United States Supreme Court from 1789 to 1795.
John Jay also served as the President of the Continental Congress between 1778 and 1779. John Jay was a minister to both Spain and France during and after the American Revolution, where he helped design United States foreign policy, and worked to secure favorable terms of peace from Great Britain through Jay’s Treaty of 1794 as well as favorable terms of peace with the First French Republic. John Jay, along with James Madison and Alexander Hamilton, co-wrote the Federalist Papers.
As a member and leader of the new Federalist Party, John Jay acted as the Governor of New York State between 1795 and 1801, and he also became the state’s strongest opponent of slavery. His first two attempts in 1777 and 1785 to emancipate the slaves in New York failed, but his third attempt in 1799 succeeded. The success in 1799 of the gradual emancipation act that John Jay signed into law ultimately brought about the emancipation of the New York slaves before Jay’s death in 1829.
John Jay was born in New York City on December 12, 1745 as the sixth son and the eighth child in his family. Jay was raised in Rye, New York, and had the same political opinions as his father, who was a very strong Whig. Jay was educated in Rye by private tutors until the age of eight, when he was then sent to New Rochelle where he studied under Anglican pastor Pierre Stoupe. After three years, jay returned to his homeschooling under the instruction of George Murray. In 1760, Jay went on to continue his education at King’s College, where he graduated four years later and took on the role of a law clerk for Benjamin Kissam.
After reading law getting admitted to the New York bar in 1768, Jay worked at a legal practice created by Robert Livingston using government money, until 1771, where he established his own law office. Jay’s first public role was the secretary to the committee of correspondence of New York, where Jay represented the conservative group that was looking to protecting property rights and preserve the rule of law while resisting the “British violations” American rights. This group of individuals feared the idea of “mob rule”. Jay believed the British tax measures that were placed were wrong and that Americans were legally and morally justified in resisting these taxes.
However, as a delegate in 1774 to the First Continental Congress, Jay sided with individuals who wished for conciliation with Parliament. Events like the burning of Norfolk, Virginia, in January 1776 pushed John Jay to support independence for America. After the American Revolutionary War broke out, Jay tirelessly worked for the revolutionary cause and fought to suppress the Loyalists, making Jay into first a moderate and then later a strong Patriot after he decided that the colonies’ efforts aimed towards reconciliation with Britain were completely fruitless and that the fight for independence which ultimately became the American Revolution was inevitable.
In September 1789, President George Washington offered John Jay the position of Secretary of State, but Jay declined. President Washington responded to this by offering Jay the position of the first Chief Justice of the Supreme Court of the United States, which he accepted. Jay was officially nominated by Washington on September 24, 1789, which was the same day that Washington signed the Judiciary Act of 1789 into law, which created the Chief Justice position.  On September 26, 1789Jay was confirmed unanimously by the United States Senate, and he received his commission on the same day. Jay’s term began on October 19, 1789 with his taking his oath of office. President Washington also nominated William Cushing, John Blair, James Iredell, John Rutledge, and James Wilson as Associate Judges.
The business of the Supreme Court through the first three years mainly involved the establishment and application of rules and procedure, such as the admission of attorneys to the bar and reading of commissions. The Justices’ also had duties in riding circuit, or presiding over various cases in the different circuit courts of the many federal judicial districts.
There was no convention at the time that precluded the involvement of the Justices from political affairs, so Jay used his mild workload as a Justice as a way to freely participate in the business of President Washington’s administration. Jay also used his circuit riding to spread information throughout the states about Washington’s commitment to neutrality for the county, and then he published reports of the French minister’s, Edmond-Charles Genet, campaign to win the American support for France.
However, John Jay also created an early precedent for the independence of the Supreme Court in 1790, when the Treasury Secretary Alexander Hamilton wrote to Jay asking for the Supreme Court’s endorsement of a piece of legislation that could assume the debts of the states. John Jay replied that the Supreme Court’s business was restricted just to ruling on the constitutionality of court cases being tried before it and because of this, he refused to allow the court to take a position regarding the legislation.
Famous Cases
Van Staphorst v. Maryland (1791): The first court case docketed with the Supreme Court of the United States. While the Supreme Court agreed to hear and decide on this case, the law suit was settled before oral arguments could begin in Court. In this Supreme Court case, the Van Staphorst brothers gave money to the State of Maryland as a loan during the Revolutionary War era. Afterwards, the State of Maryland refused to pay back the loans to the Van Staphorst brothers in accordance to the terms that were set by the Van Staphorst brothers. After the threat of having to undergo Supreme Court litigation, both parties finally settled the court case with each other.
West v. Barnes (1791): The first decision made by the United States Supreme Court and the first Supreme Court case which called for oral arguments. Prior to this, the case Van Staphorst v. Maryland was docketed, but that case was settled before the Supreme Court could hear the case. West v. Barnes was argued in front of the Court on August 2, 1791 and it was decided upon on August 3, 1791.
William West was a revolutionary war militia general, farmer, a judge from Scituate, Rhode Island, and an anti-federalist leader. Due to a failed molasses deal to the Jenckes family from Providence in 1763, he owed a mortgage on his farm. William West made payments for twenty years on the mortgage, and then asked the state for permission to set up and run a lottery in 1785 in order to help pay off the rest. Because of West’s services during the Revolution, the state of Rhode Island granted him the permission to do so. Many of the proceeds were not paid in gold or silver, but instead were paid in paper currency. William West tendered the payment in the paper currency which was allowed according to the statute by since he was lodging the money with a state judge, which would be collected within 10 days.
David Leonard Barnes, a well-known attorney and an heir of the Jenckes family, eventually brought forward a lawsuit in a federal court based on the diversity jurisdiction which asserted that silver or gold payment was needed, rather than the paper currency. Despite the lack of formal legal training, William West represented himself pro se in June 1791 in the circuit court before Chief Justice John Jay and two other justices. All of them rejected his arguments. West then tried to appeal the case to the Supreme Court on a writ of error, in an attempt to comply with all of the statutory directions. William West was not able to travel to Philadelphia to represent himself in the suit, so he hired Pennsylvania’s attorney general, William Bradford, Jr., to represent him.
On the appeal, David Barnes examined the procedural irregularities of the case. He asserted that the writ had been only signed and sealed circuit court clerk in Rhode Island rather than the Supreme Court clerk, which he said was necessary. William West lost the case due to this procedural issue and eventually was forced to surrender his farm. The Supreme Court held that a writ of error needed to be issued within ten days by the Supreme Court Clerk as required by the Federal statute, rather than a lower court’s clerk. As a result, Congress ultimately modified this procedure with the section nine of the Judicial Act of 1792, which allowed circuit courts to issue writs, helping citizens who lived far away from the capitol.
This Supreme Court case was one of the earliest potential ones that could have allowed judicial review in the United States. In this case, the Supreme Court had the chance to overturn a statute enacted by Rhode Island State which discussed fulfilling a contract through lodging the payment a debt by using paper currency. However, the Supreme Court did not exercise any judicial review in respect to the legislature.
Hayburn’s Case (1792): A Supreme Court case where the court was invited to make a decision on whether Congress could assign certain non-judicial duties to the federal circuit courts which were in their official capacity. This case was the first time the Supreme Court looked at the issue of justifiability. Eventually, Congress reassigned the duties in question, and the Court did not have to give judgment in this case. At the time of the case, each of the Supreme Court Justices also served on a Circuit Court. Due to the fact, five of the six Justices including Justice John Jay declared it to be unconstitutional as judges in the District Courts.
Chisholm v. Georgia (1793): A Supreme Court case that was considered the first Supreme Court case of impact and significance. Because of the date, there is very little legal precedent available. The case was superseded almost immediately by the 11th Amendment. In South Carolina in 1792, Alexander Chisholm, who was the executor of the Robert Farquhar’s estate, tried to sue Georgia State in the Supreme Court regarding payments for goods that were owned by Farquhar from the American Revolutionary War. General Edmund Randolph, the U.S. Attorney, argued on behalf of the plaintiff. Meanwhile, Georgia refused to appear as the defendant, claiming that it could not be sued as a sovereign state without granting consent to the suit.
The Court, including Chief Justice John Jay, decided in a 4 to 1 vote in favor of the plaintiff. The justices argued that Article III, Section II, of the Constitution rescinded the sovereign immunity of the states and gave federal courts the power to hear disputes between States and private citizens. Because of the case, the Eleventh Amendment of the Constitution was ratified in 1795. Doing so removed federal jurisdiction in situations where citizens of a specific state tried to sue another state. However, a citizen of one state still had the power to sue the Federal courts if the state consented to the suit or if Congress abrogated the immunity of the state under the Fourteenth Amendment.
Georgia v. Brailsford (1794): A Supreme Court case where the judge presiding over the Court instructed the jury that they had the right to judge not only the law, but also the facts. This case is often thought of as the precedent of jury nullification. Chief Justice John Jay explained the opinion, which explicitly acknowledged jury nullification by saying that juries were the best judges of facts while courts were the best judges of law, but it still allowed juries to look at both parts to make a decision. Justice John Jay considered this case to be extremely importance. Because of this it was treated by the Supreme Court justices with great diligence, ability, and learning. While the facts understood in the case were agreed upon, the only real issue was deciding what the law of the land was coming out of the facts and whether it was proper for the Supreme Court to give that opinion.

Who is in Barack Obama’s Supreme Court?

Who is in Barack Obama's Supreme Court?

Barack Obama’s supreme court


There are a number of similarities that can be found among the current Supreme Court Justices. The only member of Barack Obama’s Supreme Court who did not serve as a judge is Justice Elena Kagan. Justice Clarence Tomas and Justice Sonia Sotomayor are the only members of Barack Obama’s Supreme Court who have not served as professors at law schools.

Chief Justice John Roberts


Chief Justice John Roberts was appointed to the Supreme Court in 2005 by President George W. Bush. John G. Roberts graduated from Harvard Law School. He served as a Judge on the D.C. Circuit Court. Before becoming Chief Justice, John Roberts had previously been nominated to serve as an Associate justice.

Justice Antonin Scalia


Justice Antonin Scalia is the longest service Supreme Court Justice. Justice Scalia was appointed to the Court in 1986 by Ronald Reagan. Justice Antonin Scalia served on the United States Court of Appeals for the District of Columbia Circuit. Justice Scalia graduated from Harvard Law School.


Justice Anthony M. Kennedy
Justice Anthony M. Kennedy was appointed to the Supreme Court by President Ronald Reagan in 1988.  Justice Anthony Kennedy earned his Bachelor of Laws from Harvard Law School. Justice Anthony M. Kennedy has continued to serve as a Professor of Constitutional Law at the McGeorge School of Law intermittently since 1965.


Justice Clarence Thomas
Justice Clarence Thomas is near the top of the list of Supreme Court justices who have attracted the highest degree of controversy, in Justice Thomas’s case due to allegations of sexual misconduct. Justice Clarence was appointed to the Supreme Court by President George H.W. Bush in 1991, after earning his degree from Yale Law School.

Justice ruth bader ginsburg


Justice Ruth Bader Ginsburg is the oldest member of the Supreme Court. Justice Ginsburg was appointed to the Supreme Court by President Bill Clinton in 1993. She attended Harvard Law School, but earned her Bachelor of Laws from Columbia Law School, and was granted honorary Doctors of Laws degrees from Willamette University and Princeton University.
Justice Stephen Breyer


Supreme Court Justice Stephen Breyer was appointed to the Supreme Court by President Bill Clinton in 1994. He earned a Bachelor of Laws Degree from Harvard Law School. Supreme Court Justice Stephen Breyer had previous experience as a judge due to his service on the Court of Appeals for the First Circuit, including four years as Chief Judge.


Justice Samuel Alito


Justice Samuel Alito was appointed to the Court by President George W. Bush. Samuel A. Alito, Jr. graduated from Yale Law School. Samuel Alito stated in his college yearbook that he would “eventually warm a seat on the Supreme Court.” Samuel A. Alito, Jr. faced a controversial nomination process.

Justice Sonia Sotomayor


Judge Sonia Sotomayor’s biography reveals a varied life experience. Judge Sonia Sotomayor’s biography indicates when nominated to a position on a lower court her nomination was delayed into the following calendar year, 1991 into 1992 when President George H.W. Bush appointed her to the US District Court for the Southern District of New York, and 1997 into 1998 when nominated for the U.S. Court of Appeals for the Second Circuit by President Clinton. Her appointment to the Supreme Court by President Obama in 2009 did not face such a delay.

Justice Elena Kagan


Justice Elena Kagan developed her legal experience as a law professor. Justice Elena Kagan earned her Law degree from Harvard Law School, where she would later become the dean. She was appointed to the Supreme Court by President Obama in 2010. 

Famous Supreme Court Judgments You Must Know

Famous Supreme Court Judgments You Must KnowWhat are Supreme Court Judgments?



A Supreme Court, in the majority of jurisdictions, is the highest judicial body within the particular jurisdiction’s court system. The rulings or judgments made by the Supreme court are not subjected for further review by additional court systems.

The following is a list of the most famous Supreme Court Judgments:
1.    Marbury v Madison (1803): The Supreme Court judgment that is regarded as the keystone power of Judicial Review. Through this Supreme Court 
Judgment Judicial Review was affirmed and formally established in this case.
2.    Dred Scott v Sanford (1857): The Supreme Court judgment that classified Slaves as personal property. This ruling fueled the flames that eventually led to the Civil War.
3.    Brown v. Board of Education of Topeka (1954): A notable Supreme Court judgment that offered a tremendous step towards civil rights and the delivery of equal rights for all citizens of the United States.
4.    NAACP v. Alabama (1958): A famous Supreme Court judgment which protected the Freedom of association; this ruling enabled citizens of the United States to assemble in groups for a common political or human-rights based objective.
5.    Wesberry v. Sanders (1964): The Supreme Court judgment that declared each person’s vote to carry an equal measure. 
6.    Roe v. Wade (1973): A highly controversial Supreme Court judgment, which rules that states can and can and cannot control legality issues in regards to abortions. 
7.    United States v Nixon (1974): A Supreme Court judgment that limited the President’s “Executive Priviledge.”

Sonia Sotomayor

Sonia Sotomayor

Sonia Sotomayor

Sonia Sotomayor is a current associate justice of the United States Supreme Court.  She has served as both a Federal district judge and a Federal Appeals court judge before her nomination and confirmation to the Supreme Court.  This article contains the following:
– A brief biographical history of Sonia Sotomayor.
– Dates and appointments of her various Judgeships
– Notable cases with her decisions as a Federal District Judge of the Southern District of New York
– Notable cases with her decisions as a Federal Appeals Court Judge of the Second Circuit Court
– Notable cases  with her decisions as an Associate Justice of the United States Supreme Court

I. Biographical Information of Justice Sotomayor:

Sonia Maria Sotomayor, born June 25, 1954, is an active associate justice on the Supreme Court of the United States.  Sotomayor has been on the court since August 2009 and is the 111th justice of the court.  She is the third female justice and first justice with a Hispanic heritage. Both of her parents were born in Puerto Rico and emigrated to the United States shortly after World War II.  parents raised her Catholic and lived in several neighborhoods of the Bronx, mostly among Puerto Rican communities. 
Sotomayor graduated from Yale Law School in 1979 and was admitted to the New York state bar in 1980, having passed on her first try.  Sotomayor was immediately hired out of Yale Law School as an assistant district attorney in New York County. After spending three years as a prosecutor, Sotomayor began a solo law practice, named “Sotomayor & Associates”, which she ran out of her apartment in Brooklyn.  
She was nominated by President George H. W. Bush in 1991 to a seat in the U.S. District Court for the Southern District of New York and eventually confirmed by unanimous decision of the United States Senate. In 1997, Sotomayor was nominated by then president Bill Clinton for a seat on the U.S. Court of Appeals of the Second Circuit. After an extended period of hearings, Sotomayor was finally approved by the Senate in late 1998, with a 67 – 29 decision in her favor.  In May of 2009, Sotomayor was nominated by President Barack Obama for appointment to the United States Supreme Court.  She was confirmed and took her seat in August of 2009.  

II. Federal District Judge of the Southern District Of New York

Sonia Sotomayor served as a Federal District judge from 1992 to 1998.  During this time, she spent her time on numerous types of cases and made various rulings.  Although she kept a low public profile as a district court judge, she was considered a fairly liberal judge who was willing to rule against the government in several cases.  For criminal actions, she was known for being particularly tough and gave much longer sentences than other district judges.  

Notable Cases

– Silverman v. Major League Baseball (1995) – One of her most famous decisions was her ruling against Major League Baseball in 1995.  Her ruling ultimately ended the baseball strike of 1994, after she struck down the owner’s request for a new collective bargaining agreement.  
– Dow Jones v. Department of Justice (1995) – In this decision, the Wall Street Journal was attempting to obtain and publish of the last note left by former Deputy White House Counsel Vince Foster.  Sotomayor ruled in favor of the Wall Street Journal, stating that the public had a substantial interest in the note.  The ruling required the U.S. Justice Department to not act to stop its release.  
– New York Times Co. v. Tasini (1997) – This case involved a group of freelance journalists that sued the New York Times for copyright infringement.  The case revolved around the use by the New York Times of an electronic archival database for legal and business professionals, which was using the published works of the freelancers.  Sotomayor ruled that the New York Times had a right to license out the work of the freelancers.  However, this decision was ultimately reversed on appeal, with the appeal being upheld by the Supreme Court.  Only two Supreme Court Justices took Sotomayor’s position.  
– Castle Rock Entertainment v. Carol Publishing Group (1997) – This case involved a book of trivia that was being published that referenced the television show “Seinfeld”. Sotomayor ruled that the publisher violated copyrights for the show’s producer and did not meet the requirements of fair use.  This ruling was upheld on appeal.   
III. U.S. Court of Appeals
Sotomayor was next nominated by President Clinton for a seat in the Second Circuit of the United State’s Court of Appeals.  Her nomination was in June of 1997, but political issues delayed her confirmation by the Senate until October 1998.  She served in this position from 1998 until 2009, in which she heard over 3000 cases and issued 380 majority opinions.  Her decision were generally regarded as centrist with some liberal leanings in some circumstances.
Notable Cases


– Center for Reproductive Law and Policy v. Bush (2002) – Sotomayor ruled that the “Mexico City Policy”, a Bush administration policy of not contributing to separate nongovernmental organizations which promote abortion as a method of family planning in their nation.  Sotomayor ruled the government is allowed to favor anti-abortion positions over pro-choice positions and can show such preference with public funds without violating equal protection. 
– Pappas v. Giuliano (2002) – In this appeal, Sotomayor dissented from the majority that ruled a New York Police officer could be fired for sending racist materials through the mail.  Sotomayor’s position was that the first amendment protected such speech, since the questionable activities, although hateful and offensive, were made outside of the police officer’s employment.  
– Maloney v. Cuomo (2009) – Sotomayor affirmed a challenge of the conviction of a New York man who was charged with possession of an illegal weapon, which were nunchuks.  Her opinion states that the Second Amendment, the right to bear arms, is binding to the states like most of the other constitutional rights in the Bill of Rights.  The ruling was upheld later by the Supreme Court, as they have stated that no court but the Supreme Court could rule the second amendment applies to the states.  
– N.G & S.G. v. Connecticut (2004) – Sotomayor dissented from the majority’s decision to uphold strip searches of adolescent girls in a juvenile detention center.  Sotomayor felt the girl’s rights were violated in the absence of individualized suspicion, since the girls had never been charged with a crime.  
– Correctional Services Corp. v. Malesko (2000) – Sotomayor wrote the majority opinion, stating that an individual has the right to sue a private corporation working on behalf of the federal government for constitutional violations.  This decision overturned the lower court decision which ruled that such private corporations were protected by sovereign immunity laws.  This decision was ultimately overturned by the Supreme Court in a close 5-4 decision, which did not agree with the extension of the Bivens doctrine that Sotomayor applied in her decision.  
– Krimstock v. Kelly (2002) – Sotomayor ruled that New York City’s policy of sizing cars from drivers accused of DWI’s and holding the vehicles for months or years during the criminal proceedings violated due process rights.  This ruling was especially important as New York had previously not allowed such drivers to challenge the holding of property, and Sotomayor ruled cars play an important role in the everyday lives of citizens.  
– Clarett v. National Football League (2003) – This was a case that garnered national headlines, as it involved a challenge to the National Football Leagues eligibility rules that required its players to spend three years in college before being allowed to enter the draft.  Maurice Clarett, a college football star at the time, challenged the rule on antitrust grounds.  Sotomayor ruled against Clarett, stating that such a decision would infringe on federal labor laws designed to promote collective bargaining agreements.  
IV. The Supreme Court of the United States
Sotomayor was nominated by president Barack Obama in 2009 for a seat on the United States Supreme Court.  In July of 2009, she was confirmed by the Senate (which voted strongly among party lines, with all Democrats supporting her and only 9 Republicans).  She is the first Hispanic judge to serve on the court and only the third woman justice.  
Notable Cases

– Citizens United v. Federal Election Commission (2009) – In her first case as an active Supreme Court Justice, Sotomayor heard on of the most important cases in years.  The case involved the first amendment rights of corporations during political campaigns, in which the court ultimately held that corporations are protected and have legal person-hood for such campaigns.  Sotomayor dissented to the controversial opinion.  
– Berghuis v. Thompson (2010) – This case was the first case in which Sotomayor wrote an opinion of the court.  This case involved the rights of individuals who are arrested by the police, given the proper Miranda warnings, understand their right to remain silent, yet speak anyway.  The decision states that an individual does not invoke his or her right to silence by actually remaining silent and must affirmatively state they are relying on the right.  While this was the majority opinion, Sotomayor wrote the dissenting opinion, stating that Miranda rules and protections have always required more in order to have a valid waiver of such rights.  Many feel this decision was a major infringement on individual rights and the dissent has remained a popular opinion.  
– Pepper v. United States (2010) – Sotomayor wrote the majority opinion of the court in this case, in which she held the position that an original sentence of a drug dealer, which was significantly less than the federal sentencing guidelines, should be upheld.  The prosecution appealed the original sentences, which was overturned and made in compliance with the federal sentencing guidelines, however the Supreme Court invalidated this later sentencing on the grounds that the original sentence was sufficient under the facts.  
– Matrixx Initiatives v. Siracusano (2010) – This decision, in which Sotomayor wrote the unanimous majority opinion, established that the plaintiffs in a securities fraud claim properly stated a claim against a pharmaceutical company that failed to disclose negative reports regarding one of its drugs.  The failure to disclose ultimately had a negative affect on securities pricing.  Sotomayor wrote the opinion which was met with criticism by many corporations, which state the ruling does not give any guidelines for what “adverse events” are and when they must be disclosed to investors.   
– Michigan v. Bryant (2010) – This case involved the conviction of a defendant for second degree murder, in which the trial judge allowed a hearsay statement naming the defendant as the perpetrator by the victim before his death.  Sotomayor wrote the opinion of the court that held such a statement is not testimonial and therefore the defendant did not have a right under the confrontation clause to exclude it from the trial.  

William Rehnquist

William Rehnquist

Supreme Court Justice: William Rehnquist
William Rehnquist was an American jurist, political figure, and lawyer who served as a Justice on the United States Supreme Court as well as the 16th Chief Justice. Justice William Rehnquist’s views often promoted federalism and conservatism that strongly preserved the Reservation of Powers to the States under the Tenth Amendment. He served as Chief Justice for almost 19 years.
William Rehnquist was born on October 1, 1924 in Milwaukee, Wisconsin. He graduated in 1942 from Shorewood High School in 1942 and went on to attend Kenyon College for one quarter, but then entered the United States Army Air Forces. Rehnquist served in World War II. After the end of the war, William Rehnquist attended Stanford University under the provisions of the G.I. Bill. and received both a B.A and a M.A. degree in political science in 1948. Two years later, Rehnquist attended Harvard University, where he earned a M.A. government. After, he attended Stanford Law School where he graduated and received his Law Degree.
Famous Cases
Gonzales v. Raich (2005): A decision made by the U.S. Supreme Court which ruled that the United States Congress could criminalize the use and production of home-grown cannabis even in states which had laws that approved its use for medicinal purposes. Congress could do this with the power given to them from the Commerce Clause of the U.S. Constitution. Chief Justice William Rehnquist joined Justice O’Connor’s dissent, which explained that federalism promoted innovation in the country by allowing one state the freedom to try different social or economic experiments that would not risk the rest of the country. The dissent also explained that the federal ban was overreaching and despite personal opinions, the medical marijuana ballot initiated was voted in and the Compassionate Use Act had been passed in California, so the state should have the right to continue their social and economic experiment. 
Lawrence v. Texas (2003): A landmark Supreme Court case that struck down a sodomy law in Texas by a 6-3 ruling. In the previous case Bowers v. Hardwick (1986), the court had upheld a Georgia statute and claimed that there was no protection of sexual privacy in the constitution. The new ruling held that the previous case looked at liberty interest too narrowly. Justice Scalia wrote a dissent, which was Chief Justice William Rehnquist. The dissent objected to the Supreme Court’s decision to look at Bowers v. Hardwick and discussed that there were many subsequent decisions based on Bowers that came out of lower courts which could now be open to doubts. The dissent also noted that the rationale used to overturn the previous could just as easily be applied to overturn other court decisions such as Roe v. Wade, which had been recently used to hold up Planned Parenthood v. Casey.
Planned Parenthood v. Casey (1992): A Supreme Court Case that looked at the constitutionality of numerous Pennsylvania state regulations that involved abortion. The plurality opinion of the court upheld the constitutional right to have an abortion. However, the court also examined many restrictions of the right and upheld certain portions while invalidating others. Chief Justice William Rehnquist was a part of the plurality opinion which stated that their opinion was upholding the essential precedent of Roe V. Wade, meaning that the right to abortion was a fundamental part of the Fourteenth Amendment’s Due Process Clause. However, Chief Justice William Rehnquist along with Justice Scalia dissented from the plurality’s decision by upholding Roe v. Wade while striking down the spousal notification law.

David Souter

David Souter

Supreme Court Justice: David Souter
David Souter was an Associate Justice of the United States Supreme Court who served from1990 to 2009, when he retired. David Souter was appointed by to fill the seat of Justice Brennan by President George H. W. Bush. At the time, David Souter was the only Justice on the Supreme Court with an extensive amount of previous court experience outside of the federal appeals court. He had previously served as a prosecutor, an attorney general, and a judge on both state appellate and trial courts.
David Souter was born on September 17, 1939 in Melrose, Massachusetts and attended Concord High School in New Hampshire. He went on to attend Harvard College, where he graduated with an A.B. magna cum laude. After earning a M.A. from Magdalen College in 1963, Souter attended Harvard Law School, where he received his law degree in 1966.
As a Justice, David Souter was expected to be a judge who showed conservatism in his jurisprudence. For the first three years as a Supreme Court Justice, David Souter tended was conservative, although not as strongly as Justice Scalia, Thomas, or Rehnquist. His more dramatic turning point came in Planned Parenthood v. Casey where he reaffirmed the vital holding in Roe v. Wade.
Famous Cases
Bush v. Gore (2000): A landmark Supreme Court decision on December 12, 2000, that resolved the controversy of the 2000 presidential election in favor of George W. Bush. Eight days before, the U.S> Supreme Court had decided unanimously the related case of Bush v. Palm Beach County Canvassing Board (2000) and three days before that, had preliminarily stopped the recount that was happening in Florida. The Court ruled in a per curiam decision that the Florida Supreme Court’s technique for the ballot recount violated the Fourteenth Amendment’s Equal Protection Clause. The Supreme Court also ruled that no other method could be made within the time limits that were created by Florida State.
While Justice David Souter agreed that there was a violation of the Equal Protection Clause of the Fourteenth Amendment in using different methods of counting in different counties in Florida, he also dissented due to many different issues in the case. Justice David Souter specifically dissented against the opinion that the Supreme Court of Florida had acted oppositely to the legislature’s intent. Justice Souter further dissented the majority opinion regarding stopping the ballot recount. He acknowledged that the counting done prior and on December 9 were not aligned with the Equal Protection requirements. However, he still wanted to send the case back to the Supreme Court of Florida in order to allow the court to create uniform standards of legal voting and then recount the ballots based on those standards.
Planned Parenthood v. Casey (1992): A Supreme Court Case that challenged the constitutionality of many Pennsylvania state regulations dealing with abortion. The plurality opinion of the court upheld the constitutional right to have an abortion. However, the court also examined many restrictions of the right and upheld certain portions while invalidating others.
Justice David Souter defied expectations and joined the plurality opinion which wrote that their opinion was upholding the vital precedent of Roe V. Wade, which meant that the right to abortion was a fundamental part of the Fourteenth Amendment’s Due Process Clause. 
It went on further to describe the importance of standing by previous court decisions even if the precedent seemed unpopular, unless a drastic change in the fundamental reasoning of the previous decision had occurred. The plurality with Justice David Souter continued and described the rejection of the separate but equal idea notion as the actual reason for the court’s decision in Brown v. Board of Education court’s where they rejected the Plessy v. Ferguson doctrine.

John Marshall

John Marshall

Supreme Court Justice: John Marshall
John Marshall was the Chief Justice of the Supreme Court between 1801 and 1835. His court opinions helped create the foundation for constitutional law in America and made the United States Supreme Court a coequal branch of government with the executive and legislative branches. Previously, John Marshall had acted as the leader of the Virginia Federalist Party and also served in the U.S. House of Representatives between 1799 and 1800. Marshall was also the Secretary of State Adams from 1800 to 1801 under President John.
As the longest-serving Chief Justice in the history of the Supreme Court, John Marshall dominated the Supreme Court for over 30 years and played an important role in the evolution of the American legal system. His most noted contribution was reinforcing the idea that the federal courts were obligated to exercise judicial review, by discounting supposed laws if they violated the Constitution. Under Chief Justice John Marshall, the Supreme Court made many important decisions regarding to federalism, which affected the balance of power between the states and the federal government. Particularly, John Marshall confirmed the authority of federal law over state law multiple times, and he supported an expansive interpretation of the enumerated powers.
John Marshall served as the Chief Justice during six different administrations, where he participated in more than 1000 decisions, writing more than half of the opinions himself. Marshall helped to establish the Supreme Court as the highest authority on interpreting the Constitution in controversies and cases that had to be decided on by the federal courts. Soon after becoming the Chief Justice, John Marshall changed the way the Supreme Court announced decisions. Previously, each Justice would write a seriatim or separate opinion. Under John Marshall, the Supreme Court implemented the practice of handing a single opinion of the Supreme Court, allowing the opinion to present a clear rule. Since John Marshall was nearly always the author of these opinions, he effectively became the sole spokesman of the Court in important cases.
Famous Cases
Marbury v. Madison (1803): A landmark case by the Supreme Court and in United States law, as well as for worldwide law. The case created the basis for the power of judicial review by the judicial branch in the United States under the Constitution, specifically under Article III. This case also demonstrated the first time in Western history where a court nullified a law by pronouncing it unconstitutional, a process which is now called judicial review. The decision helped create and define the checks and balances found in American Government.
The case came out from a petition by William Marbury to the Supreme, who had been appointed as the Justice of Peace in the District of Columbia by President John Adams. However, the commission was not subsequently delivered to Marbury. Marbury then proceeded by asked the Supreme Court to force James Madison, the Secretary of State to deliver the documents. However, Justice Samuel Chase along with the Court and Chief Justice John Marshall denied the petition. Instead, the Court held that specific provision found in the Judiciary Act of 1789 which allowed William Marbury to bring forth his claim regarding the petition to the Supreme Court unconstitutional, because the act tried to extend the Supreme Court’s original jurisdiction beyond the point which was established by Article III of the constitution.
The decision was a unanimous one that was based on three distinct questions: whether Marbury had the right to a commission, if the country’s laws could give a legal remedy to Marbury, and whether getting the Supreme Court to give a writ of mandamus was the correct legal remedy for this situation. John Marshall easily answered the first two affirmatively and found that the failure of the commission delivery violated a vested legal right. When John Marshall though about whether Marbury had a remedy, he stated the government could not let a vested legal right be violated and thus a legal remedy should exist for it. 
When Chief Justice John Marshall looked at the third question, he first asked if a writ of mandamus was the correct legal remedy and if so, whether the Supreme Court could issue it. Marshall looked at the Judiciary Act of 1789 and decided that the Act’s purpose gave the Supreme Court original jurisdiction over the writs. He then looked to the Constitution, specifically Article III, which explains the original and appellate jurisdictions of the Supreme Court. Justice Marshall held that Congress did not have the authority to modify the original jurisdiction of the Supreme Court. Consequently, Chief Justice John Marshall found that the Judiciary Act and the Constitution conflicted. This raised the critical question of what to do when the Constitution conflicted with an act passed by Congress. Chief Justice Marshall answered that any conflicting acts were not law and the Courts are instead bound to follow the Constitution first, which affirmed the idea of judicial review. 
Fletcher v. Peck (1810): A landmark Supreme Court unanimous decision where for the first time Court ruled a state law unconstitutional. This action helped start and create a precedent for the sanctity and importance of legal contracts, and implied that Native Americans did not actually hold title to their own lands. The case resulted in the Supreme Court, as well as Justice William Johnson, reaching a unanimous decision that ruled that the repeal by the state legislature of the law was not valid because of the unconstitutionality of the law.
The case revolved around a land grant that was approved by the Georgia legislature, called the Yazoo Land Act of 1795. Later it was revealed that the grant had actually been approved through bribery, and therefore the majority voters rejected many of the incumbents. The next Georgia legislature repealed the legislation and voided all succeeding transactions, including honest ones, resulting from the scandal. The opinion of the court, which was written by Chief Justice John Marshall, stated that a sale was a binding contract and could not be invalidated even if the contract was illegally secured, in accordance to the Contract Clause, or Article I, Section 10, Clause I of the Constitution.  Chief Justice Marshall emphasized that the repeal would also seize property from those who had acquired it honestly, and would not provide compensation.
Based on the principle of the separation of powers, Chief Justice John Marshall questioned whether the rescinding act could even be considered valid if even in the case that Georgia were a fully sovereign state independent of the national Constitution. Ultimately, Marshall’s opinion relied on the restrictions placed by the federal Constitution. This case resulted in the Court asserting its judicial right to invalidate a state law which was in conflict with the Constitution.  
McCulloch v. Maryland (1819): A landmark Supreme Court decision which established two principles. The first of the two was that the Constitution gave Congress the implied powers to implement their will in order to make a functional national government. The second was that these powers and actions could not impede on any constitutional exercises of power performed by the federal government. This case resulted from an event where the state of Maryland tried to impede the operation of the Second Bank of the U.S. by placing a tax on all bank notes not chartered within the state.
While the law was generally applicable to all banks which were not chartered in Maryland, this particular bank was the only one existing in the state that was an out-of-state bank, meaning that the law specifically targeted this U.S. Bank. The Supreme Court determined that Congress did had the power to create the Bank. Chief Justice Marshall also refuted the argument that the states retain ultimate sovereignty since they ratified the constitution. He contended that it was the people who ratified the Constitution not the states, which made the people sovereign.
Chief Justice Marshall discussed the scope of congressional powers given under Article I. He addressed the necessary and proper clause and admitted that the Constitution did not enumerate a power to make a central Bank, but this did not mean Congress had the power to do so. Lastly, the opinion textually invoked the Necessary and Proper Clause, allowing Congress to try to meet an objective as long as it is within its enumerated powers and is not forbidden by the Constitution while it is rationally related to the objective at hand. With this interpretation, the court rejected Maryland’s extremely narrow interpretation of the clause, which assumed that “necessary” only meant that Congress could pass laws that were absolutely essential in executing its enumerated powers. Chief Justice Marshall ultimately determined that Maryland’s tax on the bank was unconstitutional. 
Cohens v. Virginia (1821): A Supreme Court decision which is most noted for Chief Justice John Marshall and the Supreme Court’s assertion of its power to look over state supreme court decisions regarding criminal law when plaintiff claims that their Constitutional rights were been violated. The Supreme Court had previously this jurisdiction over civil cases with American parties.
This case revolved around an act of Congress which approved the creating and operation of a District of Columbia lottery. The Cohen brothers started to sell these lottery tickets in the Commonwealth of Virginia, which violated state law. State authorities convicted the Cohen brothers, and the state courts said that the Virginia law which prohibited lotteries could be enforced, despite the act of Congress which allowed the D.C. lottery. The Cohen appeals appealed to the Supreme Court and argued that their actions were protected by the act passed by Congress.
The main issue in the suit was whether the Supreme Court had jurisdiction to hear the appeal of a criminal case which was decided by a state court. Virginia argued that the Constitution did not give the Supreme Court any appellate jurisdiction over criminal judgments made by the state courts. The state also argued that the Supreme Court did not have appellate jurisdiction according to the Constitution in cases which a state was a party. Effectively, Virginia believed that its decision was final and could not be reviewed by the federal courts, 
Chief Justice John Marshall and the Supreme Court used Article III, Section 2 to determine that the Supreme Court did have appellate jurisdiction regarding any case and that there were no exceptions to this jurisdiction for state being a party. This conclusion was also reinforced by the Supremacy Clause found in Article VI of the Constitution, which placed federal law above state law. Knowing this jurisdiction, the Supreme Court upheld the Cohen brother’s convictions. The Supreme Court found that Congress did not mean to authorize lottery ticket sale outside of the D.C., so no conflict existed between Congress authorizing a lottery and Virginia prohibiting lotteries within the state.
Gibbons v. Ogden (1824): A landmark Supreme Court decision the court held that Congress had the power to regulate interstate commerce by the Commerce Clause found in the Constitution.  The decision overturned a monopoly that was granted by the state legislature of New York to certain steamship companies operating between New Jersey and New York. Gibbons argued that since the Constitution gave Congress the congressional power to regulate interstate commerce, states did not have the concurrent power to do the same.
Chief Justice Marshall avoided discussing the issue about the exclusiveness of the federal commerce power because it was not necessary to look at in order to decide the case. Instead, John Marshall focused on the actual, existing federal statute that existed for licensing ships, and he stated that the federal law in place was a legitimate exercise of the Congress’ power to regulate interstate commerce, meaning that the federal law in place superseded the state law that granted the monopoly.
The court ruled in favor of Gibbons. Because the commerce clause was the most argued point of the case, the Supreme Court had to answer whether the Commerce clause exactly what was being regulated. The Supreme Court held that commerce was more than just traffic, but that it was the trade of commodities and it included navigation. The Supreme Court interpreted commerce “among” the states as that which intermingled with.  Chief Justice John Marshall’s ruling determined that Congress had the power to regulate navigation as a part of Congress and that this Congressional power could extend to all aspects of the regulation, which would override any state laws that were contrary to it. The immediate result of this decision was to use Congress’ power to end many monopolies that were granted by state laws. Doing so lowered prices, raised competition, and promoted free enterprise.

Thurgood Marshall

Thurgood Marshall

Supreme Court Justices: Thurgood Marshall


Thurgood Marshall was the 96th Justice of the Supreme Court of the United States who served from October 1967 until October 1991. Justice Thurgood Marshall also the first African-American justice on the United States Supreme Court.
Before becoming a justice, Thurgood Marshall was a lawyer who was most noted for his high success rate when arguing cases before the Supreme Court. He was more particularly known for his victory in Brown v. Board of Education. Thurgood Marshall argued more court cases before the Supreme Court than anyone other individual in the history of the Supreme Court. Marshall also served on the Second Circuit of the United States Court of Appeals after being appointed by President Kennedy and then later was appointed by President Johnson in 1965 as the Solicitor General. President Johnson also nominated Marshal in 1967 to the United States Supreme Court.
Thurgood Marshall was born on July 2, 1908 in Baltimore, Maryland grandson and the great-grandson of slaves.  Marshall attended Frederick Douglass High School in Baltimore where he graduated in 1925. He then went on to attend Lincoln University in 1930. There, Thurgood Marshall was initiated as a member of Alpha Phi Alpha, the first black fraternity.
While Thurgood Marshall wanted to apply to the University of Maryland School of Law, his hometown law school, the dean of the school said the school’s segregation policy would prevent his acceptance. Instead, Marshall attended Howard University School of Law and graduated in 1933 as the first in his class. 
As a Justice of the Supreme Court, Thurgood Marshall believed in the Constitution being a living document. Marshall argued that the Constitution should be interpreted with respect to the political, cultural, and moral climate of the age of interpretation.  This idea was also looked at as loose constructionism, meaning that the Constitution had a dynamic meaning or that the properties of the constitution were forever changing. The main idea that Marshall tried to convey was that the contemporaneous society should be considered when interpreting key constitutional phrases. 
Famous Cases

Terry v. Ohio (1968): A decision by the Supreme Court which stated that if a police officer stops an individual or suspect on the street and frisks the person without any probable cause to arrest, the prohibition in the Fourth Amendment on unreasonable searches and seizures is not violated, as long as the police officer has reasonable suspicion that the individual has committed, is committing, will immediately commit a crime. The police officer must also have a reasonable belief that the suspect may be possibly armed and dangerous. 
The foundation of the Supreme Court decision was based on the understanding that the exclusionary rule has limitations, meaning that the point of the rule is to protect citizens from unreasonable searches and seizures that are aimed at gathering evidence, rather than searches and seizures for other reasons, such as preventing crime or personally protecting police officers. 
Chief Thurgood Marshall joined Chief Justice Warren’s opinion for the Court. The majority opinion first began by reciting the principles of the Fourth Amendment and whether they included situations such as the stop and frisk involved in the case. Two important points that the court particularly made were regarding the admissibility of evidence obtained through this police action, and whether the stop and frisk procedure was the result of officers over-exerting their authority.
The court, including Chief Thurgood Marshall also had to determine just when specifically a person would be considered “seized” and what would constitute as a “search”. The Supreme Court rejected the notion that a stop and search could not be considered a search or seizure subject to the Fourteenth Amendment’s protection, but instead allowed more police action outside of a traditional arrest to be considered a seizure. The court also had to examine just what “reasonable” would include when taking reasonable action. With these principles though out, Justice Thurgood Marshall and the Court feel that the stop and Frisk of Terry was in fact reasonable and that the evidence found during the search could be properly admitted because of this.
Miller v. California (1973): A landmark United States Supreme Court case which looked at what specifically constituted as unprotected obscenity for the sake of the First Amendment. The decision restated that obscenity was not protected under the First Amendment. It also established the Miller test, which could determine what constituted as obscene material. The appellant was Marvin Miller, an operator of a large mail-order business for sexually explicit material. He had conducted a mass mailing campaign advertising the sale of illustrated books that were labeled as adult material. The Superior Court of Orange County found him guilty of a misdemeanor for distributing obscene material knowingly. This conviction was then affirmed by the Court of Appeals of California.
When the case came up to the Supreme Court, the issue was whether the distribution and sale of obscene material was a protected action under the First Amendment. The Supreme Court ruled that distributing and selling was not protected. However, the Supreme Court acknowledged the potential dangers of attempting to regulate any form of expression and explained that State statutes that were designed to control the sale and distribution of obscene materials should be carefully limited.
United States v. Nixon (1974): was a United States Supreme Court unanimous decision which involved President Richard Nixon and the late stages of the Watergate scandal. This Supreme Court Case is often thought of as an extremely significant precedent which limits the power of a United States president.
The Watergate scandal started during the presidential campaign in 1972 between President Richard Nixon and Democratic Senator of South Dakota George McGovern. On June 17, before President Nixon won the presidential election, five burglars broke into the Democratic headquarters in the Watergate building complex in Washington, D.C.
President Nixon appointed Archibald Cox as the special prosecutor, charged with carefully investigating the break-in, but then Nixon arranged to have Archibald Cox fired in the Saturday Night Massacre. However, public outrage forced President Nixon to appoint a different special prosecutor, Leon Jaworski, who was to conduct the Watergate investigation for the United States government.
In April 1974, Jaworski received a subpoena which ordered Nixon to release certain papers and tapes related to meetings between Nixon and those indicted by the grand jury, which contained damaging evidence involving those men and possibly the President. Nixon handed over edited transcripts and hoped it would be enough, but Judge John Sircica, the judge of the D.C. District Court, ordered the president to turn the tapes over. James St. Clair, Nixon’s attorney, and Jaworski appealed to the Supreme Court. St. Clair argued the issue should not be subject to “judicial resolution” since it was a dispute within the executive branch and that Nixon had an executive privilege to withhold and protect communications between Government officials and those advising them.
All of the Justices, including Thurgood Marshall, contributed to the opinion which was unanimous decision. The opinion stated that the Supreme Court did have the authority to resolve the issue and that and that Jaworski had proven that there was a significant chance that the tapes contained conversations relevant information to the offenses of the indictment. The Supreme Court rejected the claim that there was an unqualified, absolute Presidential privilege of immunity under all circumstances from the judicial process.
Regents of the University of California v. Bakke (1978): A landmark decision of the United States Supreme Court which ruled that the admission process of the University of California at Davis Medical School, which put aside 16 of the 100 available seats for African American students was unconstitutional. The justification of “diversity in the classroom” for looking at race as a factor in the school’s admissions policies was not the same in comparison to the original purpose stated by the school, whose admissions program that was under review was designed to ensure the admissions of minorities that were traditionally discriminated-against. UC Davis Medical School developed the program originally to decrease the historic deficit of conventionally disfavored minorities in the medical profession and in medical schools, fight against the effects of societal discrimination, increase the amount of physicians who would practice in communities that were currently underserved, and receive the educational benefits that result from a student body that is ethnically diverse.
Justice Thurgood Marshall joined Justice Powell’s opinion that the school had to admit Bakke to the school. However, his reasoning for this did not include the majority of justices. Justice Thurgood did join this opinion, which stated that the school had a reasonable and compelling interest in a creating a diverse student body and therefore could look at race as a factor in admissions. However the school could not specifically aside seats for certain races, which would automatically exclude others due to race. 
Bowers v. Hardwick (1986): A Supreme Court decision that supported the constitutionality of sodomy law from Georgia which both private anal and oral between consenting homosexual adults. Seventeen years after the decision in Bowers v. Hardwick, the Supreme Court overruled the decision directly in Lawrence v. Texas (2003), and stated that these laws were unconstitutional. Justice Thurgood Marshall, joined a dissent by Justices Blackmun which said that the case was no longer just about the fundamental right for a citizen to engage in homosexual sodomy, but went further by looking at the rights most valued by citizens, specifically the right to be left alone. Justice Thurgood Marshall also joined a dissent made by Justice Stevens which went even further away from the majority opinion and said that the Supreme Court ordered the dismissal of the complaint made by the respondent even though the statute in question prohibits all sodomy. This prohibition was extremely unconstitutional for heterosexuals and it was clear through the States actions that the respondent alleged a constitutional claim which was sufficient enough to stand up to a motion to dismiss.
Texas v. Johnson (1989): A landmark decision by the United States Supreme Court which invalidated prohibitions regarding desecrating the American flag which was enforced in 48 of the 50 states. 
This case revolved around Gregory Lee Johnson, a former member of the Revolutionary Communist Youth Brigade, who participated in a political demonstration in Dallas, Texas during the Republican National Convention of 1984, which protested some policies of the Reagan Administration as well as some companies in Dallas. A demonstrator gave Johnson an American flag which was stolen from a targeted building. Once the protesters arrived at Dallas City Hall, Johnson drenched the flag with kerosene and set it on fire. While no one was injured, some claimed to be extremely offended. 
Johnson was charged with breaking the Texas law that prohibited the desecration of a venerated item. He was convicted, fined, and sentenced to a year in prison. The Court of Criminal Appeals in Texas saw the case through an appeal and overturned the conviction, saying that the State did not have the power to could not punish him for burning the flag since it was protected under the First Amendment as symbolic speech. However, the State of Texas claimed that its interests were more important than the symbolic speech rights because the state wished to preserve the national flag as a symbol of national unity while maintaining order, but the court stated that neither of these could justify the conviction.
The State asked the U.S. Supreme Court to hear the case. The opinion of the court was a controversial 5-4 decision, with Justice Thurgood Marshall being a part of the majority. The court first looked at whether the First Amendment could include non-speech acts and, if so, if flag burning was included. The court found that in this case, the flag burning constituted as expressive conduct, allowing Johnson the protecting under the First Amendment. The court also found that there was no disturbance of the peace due to the flag burning, and rejected the States claim that the flag burning was to incite breaches of the peace. The last issue was if the states had a legitimate interest in preserving the national flag as a symbol of principles and national identity. However, the majority found that the lack of evidence for Constitutional support regarding flag burning, so the Court concluded that it was protected under the first amendment. 

Earl Warren

Earl Warren

Supreme Court Justice: Earl Warren
Earl Warren was the fourteenth Chief Justice of the Supreme Court. He was born on March 19, 1891 in Los Angeles, California. Earl Warren grew up in Bakersfield, California and attended Kern County High School. He went on to attend University of California, Berkeley where he graduated in 1912 with a B.A. in Legal Studies, and then Boalt Hall Law School, where he received his LL.B. in 1914.
Eisenhower picked Warren in September 1953 to take the office the Chief Justice of the Supreme Court. As the chief Justice, Earl Warren was a very liberal justice, more than anyone had anticipated. Earl Warren was able to set up a long series of landmark decisions due to building a winning coalition. Warren’s term of office was included numerous rulings on civil rights, police arrest procedure, and separation of church and state in the United States.
Famous Cases
Brown v. Board of Education of Topeka (1954): A landmark Supreme Court decision that declared that state laws which separate public schools for white and black students as unconstitutional laws, which overturned the precedent set by Plessy v. Ferguson (1896). Justice Hugo Black was a part of the unanimous decision which stated that the separate educational facilities were inherently unequal.
The case called for the school district of Topeka to reverse its racial segregation policy for the schools. The Topeka Board of Education operated separate elementary schools under a Kansas law from 1879, which allowed but did not require the districts to have separate elementary schools for white and black students in twelve different communities with populations exceeding 15,000. The plaintiffs in the case felt that a system of racial separation, while pretended to provide separate but equal treatment of black and white Americans, perpetuated inferior services, treatment, and accommodations for black Americans. 
The Supreme Court heard the case in spring 1953, but they could not decide on the issue, so they reheard the case in fall 1953. During the second rehearing, the court paid close attention to whether the Equal Protection Clause of the Fourteenth Amendment prohibited the operation of different public schools for black and white students. The case was reargued at the request of Justice Felix Frankfurter, as a stalling tactic to gather a unanimous consensus in this case which would outlaw segregation. The justices who supported desegregation spent much effort trying to those the initial dissenters to join a unanimous, in order to prevent providing a legitimate counterargument for outlawing segregation.
Chief Justice Earl Warren set up a meeting with all the justices, and argued that the only reason to allow segregation was having an honest belief in the inferiority of African Americans.  Chief Justice Earl Warren further stated that the Court needed to overrule Plessy v. Ferguson in order to maintain the court’s legitimacy as an institution of liberty, and it unanimous to avoid Southern resistance. 
The holding of the Supreme Court was that, even if segregated white and white schools had equal teachers and facilities, segregation itself was unconstitutional and harmful to black students. There was a significant social and psychological disadvantage in black children due to segregation itself. This issue moved the case away from the question of whether the schools were equal, and instead looked at whether the idea of “separate but equal” was constitutional. The case resulted in de jure racial segregation being a violation of the Fourteenth Amendment’s Equal Protection Clause and also paved the way for the civil rights movement and integration.
Baker v. Carr (1962): A landmark Supreme Court case that moved away from the political question doctrine of the Court, and decided that that redistricting issues were justiciable questions, meaning that federal courts could intervene in order to decide reapportionment cases. After Chief Justice Earl Warrant left the Supreme Court, he stated that the Baker v. Carr line of cases were the most important cases in his tenure as the Chief Justice.
Charles Baker, the plaintiff, was a Republican residing in Shelby County, Tennessee, which was the county where Memphis was located. According to the Tennessee State Constitution, legislative districts had to be redrawn according to the federal census every ten years to create districts with substantially equal population. Baker’s issue was that Tennessee had redistricted since the 1901 census.
By the 1960’s, the population had shifted dramatically so Shelby County had nearly ten times as many citizens as some of the more rural districts. This meant that representationally, the votes of the citizens from the more rural districts had more value than the votes of the urban citizens. The argument made by Baker was that this issue was not letting him receive the equal protection of the laws which were required by the Fourteenth Amendment.
Joe Carr, the defendant, was sued as Tennessee’s Secretary of State. While he had not set the district, he was sued ex officio since he was the official responsible for elections conduct of the state as well as and the district map publication. Tennessee argued that legislative districts were not judicial questions, but instead political questions, and should not be determined by the court. The defendants of the case argued unsuccessfully that legislative district reapportionment should not have been resolved by federal courts since it was a “political question”. The decision was split in a 6 to 2 and resulted in a reformulation in just exactly what questions could be considered “political”. 
The decision in this case was one of the most stressful in the Court’s history. No clear majority emerged and one of the justices was so torn that eventually he recused himself. Chief Justice Earl Warrant and the Court finally handed down an opinion on March 1962, almost a year after the case was initially argued. The Supreme Court split 6 to 2, with Chief Justice Earl Warren siding on the majority, and ruled that the case was justifiable.

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