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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

CONSTITUTIONAL LAW CLASS 29

Economic Substantive Due Process Part II

March 19, 2008

adkins v children s hospital
Adkins v. Children’s Hospital
  • Majority by: SutherlandJoined by: McKenna, Van Devanter, McReynolds, ButlerDissent by: TaftJoined by: SanfordDissent by: Holmes
  • Brandeis did not participate
weaver v palmer bros co 1926 c p 527 one
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
justices born on st paddy s day
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)
nebbia v new york 1934 c p 539
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)

west coast hotel v parrish 1937 c 541
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)
united states v carolene products co 1938 c p 543
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.
williamson v lee optical 1955 c p 545
Williamson v. Lee Optical (1955) [C p. 545]
  • Unanimous
  • Opinion by Douglas (joined by Warren, Black, Reed, Frankfurter, Burton, Clark, Minton, Harlan)
ferguson v skrupa 1963 c p 546
Ferguson v. Skrupa (1963) C p. 546]
  • Unanimous
  • Opinion of the Court by Black
  • Separate Concurrence by Harlan
bmw of north america v gore 1996 c p 547
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
state farm mutual automobile ins co v campbell 2003 c p 551
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
philip morris usa v williams 2007 supp 83
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
exxon shipping co v baker
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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