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Warren, Burger, Rehnquist, Roberts, Marshall, Taney, Lochner Era, Fuller
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Warren Court 1953-1969
Very liberal, considered the court to have changed the most laws including ones for free speech and the legalization of birth control. Brown v Board of Ed. Miranda v Arizona, Loving v Virginia, Gideon v Wainwright
Brown v Board of Education
Warren Court. Racial Segregation in public schools is unconstitutional. Effectively overturned Plessy v Ferguson’s separate but equal clause
Miranda v Arizona
Warren Court. Establish Miranda Rights
Loving v. Virginia
Warren Court. Legalized interracial marriage
Gideon v Wainwright
Warren Court. People who cannot afford an attorney will be appointed one
Burger Court 1969-1986
Liberal, but less than Warren. Roe v Wade, Lemon v Kurtzman
Roe v Wade
Burger Court. Abortion is allowed under the Constitution. Overturned by Dobbs v Jackson Women’s Health
Lemon v Kurtzman
Burger Court. Government funding for religious schools is not Constitutional (separation of church and state). Established the Lemon Test
Rehnquist Court 1986-2005
Centrist, trending Conservative. Texas v Johnson, Planned Parenthood v Casey
Roberts Court 2005 - present
Very conservative from 2020 on. Massachusetts v EPA, DC v Heller, Citizens United v FEC, Dobbs v Jackson Women’s Health, Students for Fair Admissions v Harvard
Massachusetts v EPA
Roberts Court. Greenhouse gas emissions qualify as air pollutants under the Clean Air Act
DC v Heller
Roberts Court. Strict gun regulation is unconstitutional (2nd Amendment)
Citizens United v FEC
Roberts Court corporations can engage in a political spending because they can be counted as “individuals”, led to formation of super pacs (overturned McConnel v FEC)
Dobbs v Jackson Women’s Health
Roberts Court. Abortion is not protected under the Constitution. Overturned Roe v Wade
Students for Fair Admissions v Harvard
Roberts Court. Ended race-based affirmative action
First 3 Courts
Jay Court, Rutledge Court, Ellsworth Court. A lot of turnover since many justices resigned to hold other positions
Marshall Court 1801-1835
Start of the “modern period”. Considered the most important period of SCOTUS history. Marbury v Madison, McCulloch v Maryland, Gibbons v Ogden
Marbury v Madison
Marshall Court. Established judicial review — gives the SC and federal courts the authority to interpret the Constitution. Significantly increased the power of the SC since they can strike down Constitutional laws if they find it unconstitutional
McCulloch v Maryland
Marshall Court. Federal supremacy over state law. Congress has the authority to pass laws not specifically under the Constitution. Effectively reinforced the Supremacy Clause and Necessary and Proper Clause
Gibbons v Ogden
Marshall Court. reaffirm the Commerce Clause by granting federal government to regulate interstate commerce
Taney Court 1836-1864
Criticized for legal stances in favor of slavery and attempts to impede on Lincoln’s actions in the Civil War. Dred Scott v Sandford
Dred Scott v Sandford
Taney Court. considered a major cause of the Civil War. Ruled that Missouri Compromise is unconstitutional. Made judicial action to end slavery unfeasible. Ruled that African Americans are not citizens even if freed from slavery so they cannot sue in court. Technically also granted Constitutional right to own slaves anywhere in the country on the basis of the Due Process Clause
Lochner Era
1888 - 1937. Starts with Fuller Court. VERY ECONOMICALLY CONSERVATIVE. Named after Lochner v New York which ruled that limiting maximum working hours for bakers is unconstitutional. Turned down most economic regulations. Longest period of consistent conservative positions on SCOTUS. Closest to enforcing a libertarian viewpoint
Fuller Court
Very Conservative. Chae Chan Ping v US, Lone Wolf v Hitchcock, Plessy v Ferguson
Chae Chan Ping v US
Fuller Court. uphold the Chinese Exclusion Act which was not repealed until 1943 by FDR
Lone Wolf v Hitchcock
Fuller Court. Congress has plenary power to alter treaties with Native Americans
Plessy v Ferguson
Fuller Court. Establish “separate but equal” clause. Overturned by Brown v Board of Education in 1954
White Court, Taft Court
continuation of the Lochner Era, very conservative
Hughes Court 1930-1941
End of the Lochner Era. conservative and turned liberal after 1937. Turned from striking down New Deal legislation to upholding it. Pressure from FDR and threat to expand the SC. US v Butler, US v Darby Lumber Co
US v Butler
Hughes Court. Example of overturning New Deal legislation. uphold General Welfare clause
US v Darby Lumber Co
Hughes Court. Example of upholding New Deal legislation. Power under the Commerce Clause to regulate working conditions
Stone Court 1941-1946
Shifted liberal. Korematsu v US
Korematsu v US
ruled internment of Japanese Americans is constitutional during WWII