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CONSTITUTIONAL LAW CLASS 29

CONSTITUTIONAL LAW CLASS 29. Economic Substantive Due Process Part II March 19, 2008 . Adkins v. Children’s Hospital. Majority by: Sutherland Joined by: McKenna, Van Devanter, McReynolds, Butler Dissent by: Taft Joined by: Sanford Dissent by: Holmes Brandeis did not participate.

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CONSTITUTIONAL LAW CLASS 29

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  1. CONSTITUTIONAL LAW CLASS 29 Economic Substantive Due Process Part II March 19, 2008

  2. Adkins v. Children’s Hospital • Majority by: SutherlandJoined by: McKenna, Van Devanter, McReynolds, ButlerDissent by: TaftJoined by: SanfordDissent by: Holmes • Brandeis did not participate

  3. Weaver v. Palmer Bros. Co. (1926) [C p. 527] One • Majority opinion by Butler • (joined by the other 3 Horsemen: Sutherland, McReynolds, Van Devanter as well as Sanford) • Dissent by Holmes, joined by Brandeis and Stone

  4. Justices Born on St. Paddy’s Day • Roger Brooke Taney • Pierce Butler • Near misses: Ruth Bader Ginsburg (3/15), Antonin Scalia (3/11), Earl Warren (3/19), Sandra Day O’Connor (3/26)

  5. Nebbia v. New York (1934) [C p. 539] Majority by: RobertsJoined by: Hughes, Brandeis, Stone, CardozoDissent by: McReynoldsJoined by: Van Devanter, Sutherland, Butler(the 4 Horsemen)

  6. West Coast Hotel v. Parrish (1937) [C . 541] • Majority by: HughesJoined by: Brandeis, Stone, Roberts, CardozoDissent by: SutherlandJoined by: Van Devanter, McReynolds, Butler (the 4 Horsemen)

  7. United States v. Carolene Products Co. (1938) [C p. 543] • Majority by: StoneJoined by: Hughes, Brandeis, Roberts, Black (except the part designated "Third")Concurrence by: ButlerDissent by: McReynoldsReed, Cardozo took no part in the consideration or decision of the case.

  8. Williamson v. Lee Optical (1955) [C p. 545] • Unanimous • Opinion by Douglas (joined by Warren, Black, Reed, Frankfurter, Burton, Clark, Minton, Harlan)

  9. Ferguson v. Skrupa (1963) C p. 546] • Unanimous • Opinion of the Court by Black • Separate Concurrence by Harlan

  10. BMW of North America v. Gore (1996) [C p. 547] • Majority by: StevensJoined by: O'Connor, Kennedy, Souter, BreyerConcurrence by: BreyerJoined by: O'Connor, SouterDissent by: ScaliaJoined by: ThomasDissent by: GinsburgJoined by: Rehnquist

  11. State Farm Mutual Automobile Ins. Co. v. Campbell (2003) [C p. 551] • 6-3 • Majority opinion by Kennedy joined by Rehnquist, Souter, O’Connor, Stevens, Breyer • Dissents by Scalia, Thomas, Ginsburg

  12. Philip Morris USA v. Williams (2007) [Supp. 83] • Opinion of the Court by Breyer joined by Alito, Kennedy, Roberts, and Souter • Dissent by Stevens • Dissent by Thomas • Dissent by Ginsburg, joined by Scalia and Thomas

  13. Exxon Shipping Co. v. Baker • Oral argument: February 27, 2008 (granted expanded oral argument of 45 minutes per side – ie. an extra 15 minutes each) • Decision expected by summer • The issue is not the constitutionality under due process, rather under maritime law

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