Doctrine or phrase to case - which case is that 36

"Actual malice" (knowledge of falsity or reckless disregard)

New York Times v. Sullivan (1964)

Debate on public issues should be "uninhibited, robust, and wide-open"

New York Times v. Sullivan (1964)

"Most rigid scrutiny" for racial classifications, first announced

Korematsu v. United States (1944)

"Loaded weapon" (dissent)

Korematsu (1944), Jackson dissenting

"Legalization of racism" (dissent)

Korematsu (1944), Murphy dissenting

Jackson's three categories: maximum, twilight, lowest ebb

Youngstown Sheet & Tube v. Sawyer (1952)

Steel Seizure Case

Youngstown (1952)

Tenth Amendment "is but a truism"

United States v. Darby (1941)

Hammer v. Dagenhart "should be, and now is, overruled"

United States v. Darby (1941)

Aggregation principle ("taken together with that of many others similarly situated")

Wickard v. Filburn (1942)

Home-grown wheat reachable under the commerce power

Wickard v. Filburn (1942)

Footnote four: "discrete and insular minorities"

United States v. Carolene Products (1938)

Rational basis for economic regulation, origin of the double standard

Carolene Products (1938)

Equal protection must be provided "within its borders"

Missouri ex rel. Gaines v. Canada (1938)

Intangibles: "reputation of the faculty… traditions and prestige"

Sweatt v. Painter (1950)

Separate law school in a basement; separate is unequal in graduate education

Sweatt v. Painter (1950)

"Fighting words"

Chaplinsky v. New Hampshire (1942)

Categories of speech that are "no essential part of any exposition of ideas"

Chaplinsky (1942)

"Wall of separation between church and State" (as doctrine)

Everson v. Board of Education (1947)

Child-benefit theory (bus fares)

Everson (1947)

Establishment Clause incorporated against the states

Everson (1947)

Total incorporation vs. fundamental fairness showdown

Adamson v. California (1947)

"Canons of decency and fairness" (concurrence)

Adamson (1947), Frankfurter

"Gravity of the evil, discounted by its improbability"

Dennis v. United States (1951), Hand's formula

Smith Act prosecutions of Communist Party leaders

Dennis v. United States (1951)

"In calmer times" the Court will restore First Amendment liberties (dissent)

Dennis (1951), Black dissenting

"Separate educational facilities are inherently unequal"

Brown v. Board of Education (1954)

"We cannot turn the clock back to 1868"

Brown (1954)

"All deliberate speed"

Brown II (1955)

"Legislators represent people, not trees or acres"

Reynolds v. Sims (1964)

One person, one vote for both houses of a state legislature

Reynolds v. Sims (1964)

"Equal application" of a racial classification is no defense

Loving v. Virginia (1967)

Freedom to marry as "one of the vital personal rights essential to the orderly pursuit of happiness"

Loving v. Virginia (1967)

"Root and branch"; plans must "work now"

Green v. County School Board of New Kent County (1968)

Freedom-of-choice desegregation plan rejected

Green (1968)

Civil Rights Act Title II upheld under the commerce clause

Heart of Atlanta Motel v. United States (1964)

Congress may legislate against "moral wrongs" through commerce

Heart of Atlanta (1964)

Voting Rights Act preclearance upheld; "unremitting and ingenious defiance"

South Carolina v. Katzenbach (1966)

"Exceptional conditions can justify legislative measures not otherwise appropriate"

South Carolina v. Katzenbach (1966)

Purpose-and-primary-effect test for establishment

Abington School District v. Schempp (1963)

School Bible reading struck

Schempp (1963)

Compelling interest required to burden religious practice (Sabbath, unemployment benefits)

Sherbert v. Verner (1963)

Penumbras "formed by emanations"

Griswold v. Connecticut (1965)

Right of privacy first recognized

Griswold (1965)

Secular textbooks lent to parochial students upheld

Board of Education v. Allen (1968)

Students do not "shed their constitutional rights… at the schoolhouse gate"

Tinker v. Des Moines (1969)

"Material and substantial" disruption test

Tinker v. Des Moines (1969)

"Utterly without redeeming social value"

Memoirs v. Massachusetts (1966)

Fanny Hill

Memoirs v. Massachusetts (1966)

"Imminent lawless action" test

Brandenburg v. Ohio (1969)

Whitney v. California overruled; criminal syndicalism statute struck

Brandenburg v. Ohio (1969)

Exclusionary rule applied to the states

Mapp v. Ohio (1961)

Warnings before custodial interrogation

Miranda v. Arizona (1966)

Executive privilege recognized but "presumptive," yields to criminal trial

United States v. Nixon (1974)

Political safeguards of federalism; "traditional governmental function" test abandoned

Garcia v. San Antonio MTA (1985)

National League of Cities overruled

Garcia (1985)

Wealth not a suspect class; education not a fundamental right

San Antonio ISD v. Rodriguez (1973)

Intermediate scrutiny: "important governmental objectives… substantially related"

Craig v. Boren (1976)

Test that "comes out of thin air" (dissent)

Craig v. Boren (1976), Rehnquist dissenting

Racial quotas invalid; diversity a compelling interest; race as a "plus"

Regents v. Bakke (1978), Powell

Three-prong test: purpose, effect, entanglement

Lemon v. Kurtzman (1971)

"Excessive government entanglement"

Lemon v. Kurtzman (1971)

Trimester framework

Roe v. Wade (1973)

Privacy "broad enough to encompass a woman's decision whether or not to terminate her pregnancy"

Roe v. Wade (1973)

"Raw judicial power" (dissent)

Roe (1973), White dissenting

Endorsement test (concurrence)

Lynch v. Donnelly (1984), O'Connor concurring

Crèche in a city Christmas display upheld

Lynch v. Donnelly (1984)

Moment of silence "or voluntary prayer" struck for lack of secular purpose

Wallace v. Jaffree (1985)

"Wall of separation" is "a metaphor based on bad history" (dissent)

Wallace v. Jaffree (1985), Rehnquist dissenting

Rights "deeply rooted in this Nation's history and tradition" (as the test for fundamental rights)

Bowers v. Hardwick (1986); revived in Dobbs (2022)

Morality as a rational basis for a sodomy law

Bowers v. Hardwick (1986)

"The right to be let alone" (dissent, quoting Brandeis)

Bowers (1986), Blackmun dissenting

Guided discretion; bifurcated trial; death penalty not per se cruel and unusual

Gregg v. Georgia (1976)

"Evolving standards of decency" applied to the death penalty

Gregg (1976), Atkins (2002)

Good-faith exception to the exclusionary rule

United States v. Leon (1984)

Public-safety exception to Miranda

New York v. Quarles (1984)

"Ad hoc" regulatory-takings factors: economic impact, investment-backed expectations, character of the action

Penn Central Transportation Co. v. New York City (1978)

"Parcel as a whole"

Penn Central (1978)

"We start with first principles"

United States v. Lopez (1995)

Three categories: channels, instrumentalities, substantial effects

United States v. Lopez (1995) (restating Perez)

"Pile inference upon inference"

United States v. Lopez (1995)

Economic vs. noneconomic activity under the commerce clause

Lopez (1995), Morrison (2000)

Home-grown medical marijuana reachable; Wickard reaffirmed

Gonzales v. Raich (2005)

"States as laboratories" (dissent, medical marijuana)

Raich (2005), O'Connor dissenting

No temporary immunity for a sitting President's unofficial conduct

Clinton v. Jones (1997)

"Animus"; "a stranger to its laws"; rational basis with bite

Romer v. Evans (1996)

Colorado Amendment 2

Romer v. Evans (1996)

"Exceedingly persuasive justification"

United States v. Virginia (1996)

VMI

United States v. Virginia (1996)

"Critical mass"; "25 years from now"

Grutter v. Bollinger (2003)

Neutral, generally applicable laws need no compelling interest

Employment Division v. Smith (1990)

"Courting anarchy"

Employment Division v. Smith (1990)

Peyote

Employment Division v. Smith (1990)

"Undue burden" / "substantial obstacle"

Planned Parenthood v. Casey (1992)

"Liberty finds no refuge in a jurisprudence of doubt"

Planned Parenthood v. Casey (1992)

Overruling "under fire" would damage legitimacy (stare decisis)

Planned Parenthood v. Casey (1992)

"True private choice"

Zelman v. Simmons-Harris (2002)

School vouchers upheld

Zelman v. Simmons-Harris (2002)

Bowers "was not correct when it was decided"

Lawrence v. Texas (2003)

"The State cannot demean their existence or control their destiny"

Lawrence v. Texas (2003)