Board of Estimate of City of New York v. Morris | |
---|---|
Argued December 7, 1988 Decided March 22, 1989 | |
Full case name | Board of Estimate of City of New York, et al. v. Morris, et al. |
Citations | 489 U.S. 688 ( more ) 109 S. Ct. 1433; 103 L. Ed. 2d 717 |
Holding | |
The Board of Estimate's structure is inconsistent with the Equal Protection Clause of the Fourteenth Amendment because, although the boroughs have widely disparate populations, each has equal representation on the board. | |
Court membership | |
| |
Case opinions | |
Majority | White, joined by Rehnquist, Marshall, O'Connor, Scalia, Kennedy |
Concurrence | Brennan, joined by Stevens |
Concurrence | Blackmun |
Laws applied | |
U.S. Const. amend XIV |
Board of Estimate of City of New York v. Morris, 489 U.S. 688 (1989), was a case argued before the United States Supreme Court regarding the structure of the New York City Board of Estimate.
Under the charter of the City of Greater New York established in 1898, the Board of Estimate was responsible for budget and land-use decisions for the city. It was composed of eight ex officio members: the Mayor of New York City, the New York City Comptroller and the President of the New York City Council, each of whom was elected citywide and had two votes, and the five Borough presidents, each having one vote. [1]
In 1981, attorney Richard Emery recruited three NYC women to file suit that the board was unconstitutional, an unpopular opinion at the time that lost in its first district court hearing. The ruling was later reversed on appeal, and the city's counter was picked up by the Supreme Court in 1988. [2]
The court unanimously declared the New York City Board of Estimate unconstitutional on the grounds that the city's most populous borough (Brooklyn) had no greater effective representation on the board than the city's least populous borough (Staten Island), in violation of the Fourteenth Amendment's Equal Protection Clause pursuant to the Court's 1964 "one man, one vote" decision ( Reynolds v. Sims ). [3] The Board was disestablished.
The case was argued on December 7, 1988, and decided on March 22, 1989. Justice Byron White delivered the Court's opinion.
Bush v. Gore, 531 U.S. 98 (2000), was a landmark decision of the United States Supreme Court on December 12, 2000, that settled a recount dispute in Florida's 2000 presidential election between George W. Bush and Al Gore. On December 8, the Florida Supreme Court had ordered a statewide recount of all undervotes, over 61,000 ballots that the vote tabulation machines had missed. The Bush campaign immediately asked the U.S. Supreme Court to stay the decision and halt the recount. Justice Antonin Scalia, contending that all the manual recounts being performed in Florida's counties were illegitimate, urged his colleagues to grant the stay immediately. On December 9, the five conservative justices on the Court granted the stay, with Scalia citing "irreparable harm" that could befall Bush, as the recounts would cast "a needless and unjustified cloud" over Bush's legitimacy. In dissent, Justice John Paul Stevens wrote that "counting every legally cast vote cannot constitute irreparable harm." Oral arguments were scheduled for December 11.
Engel v. Vitale, 370 U.S. 421 (1962), was a landmark United States Supreme Court case in which the Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment. The ruling has been the subject of intense debate.
Reynolds v. Sims, 377 U.S. 533 (1964), was a landmark United States Supreme Court case in which the Court ruled that the electoral districts of state legislative chambers must be roughly equal in population. Along with Baker v. Carr (1962) and Wesberry v. Sanders (1964), it was part of a series of Warren Court cases that applied the principle of "one person, one vote" to U.S. legislative bodies.
"One person, one vote" or "one vote, one value", 1p1v is a slogan used to advocate for the principle of equal representation in voting. This slogan is used by advocates of democracy and political equality, especially with regard to electoral reforms like universal suffrage, direct elections, and proportional representation.
The borough presidents are the chief executives of the five boroughs of New York City. For most of the city's history, the office exercised significant executive powers within each borough, and the five borough presidents also sat on the New York City Board of Estimate, which was abolished in 1990. After the Board of Estimate was disbanded, the borough presidents were stripped of a majority of their powers in the government of New York City.
County of Allegheny v. American Civil Liberties Union, 492 U.S. 573 (1989), was a United States Supreme Court case in which the Court considered the constitutionality of two recurring Christmas and Hanukkah holiday displays located on public property in downtown Pittsburgh. The first, a nativity scene (crèche), was placed on the grand staircase of the Allegheny County Courthouse. The second of the holiday display in question was an 18-foot (5.5 m) public Hanukkah menorah, which was placed just outside the City-County Building next to the city's 45-foot (14 m) decorated Christmas tree and a sign saluting liberty. The legality of the Christmas tree display was not considered in this case.
Andrew Stein is an American Democratic politician who served on the New York City Council and was its last president, and as Manhattan Borough President.
The New York City Board of Estimate was a governmental body in New York City responsible for numerous areas of municipal policy and decisions, including the city budget, land-use, contracts, franchises, and water rates. Under the amendments effective in 1901, to the charter of the then-recently-amalgamated City of Greater New York, the Board of Estimate and Apportionment was composed of eight ex officio members: the Mayor of New York City, the New York City Comptroller and the President of the New York City Board of Aldermen, each of whom had three votes; the borough presidents of Manhattan and Brooklyn, each having two votes; and the borough presidents of the Bronx, Queens, and Richmond, each having one vote. The 1897 charter effective on amalgamation had had a five-member Board of Estimate and Apportionment. The La Guardia Reform Charter of 1938 simplified its name and enhanced its powers.
Thomas Michael Hardiman is a United States circuit judge of the United States Court of Appeals for the Third Circuit. Nominated by President George W. Bush, he began active service on April 2, 2007. He maintains chambers in Pittsburgh, Pennsylvania, and was previously a United States district judge.
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), was a landmark decision of the U.S. Supreme Court concerning the First Amendment and the ability of the government to outlaw certain forms of expressive conduct. It ruled that the state has the constitutional authority to ban public nudity, even as part of expressive conduct such as dancing, because it furthers a substantial government interest in protecting the morality and order of society. This case is perhaps best summarized by a sentence in Justice Souter's concurring opinion, which is often paraphrased as "Nudity itself is not inherently expressive conduct."
Shapiro v. Thompson, 394 U.S. 618 (1969), was a landmark decision of the Supreme Court of the United States that invalidated state durational residency requirements for public assistance and helped establish a fundamental "right to travel" in U.S. law. Shapiro was a part of a set of three welfare cases all heard during the 1968–69 term by the Supreme Court, alongside Harrell v. Tobriner and Smith v. Reynolds. Additionally, Shapiro, King v. Smith (1968), and Goldberg v. Kelly (1970) comprise the "Welfare Cases", a set of successful Supreme Court cases that dealt with welfare.
Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. Additionally, the Court held that §1983 claims against municipal entities must be based on implementation of a policy or custom.
Lynch v. Donnelly, 465 U.S. 668 (1984), was a United States Supreme Court case challenging the legality of Christmas decorations on town property. All plaintiffs, including lead plaintiff Daniel Donnelly, were members of the Rhode Island chapter of the ACLU. The lead defendant was Dennis Lynch, then mayor of Pawtucket, Rhode Island.
Texas Monthly v. Bullock, 489 U.S. 1 (1989), was a case brought before the US Supreme Court in November 1988. The case was to test the legality of a Texas statute that exempted religious publications from paying state sales tax.
Crawford v. Marion County Election Board, 553 U.S. 181 (2008), was a United States Supreme Court case in which the Court held that an Indiana law requiring voters to provide photographic identification did not violate the United States Constitution.
Colegrove v. Green, 328 U.S. 549 (1946), was a United States Supreme Court case. Writing for a 4–3 plurality, Justice Felix Frankfurter held that the federal judiciary had no power to interfere with malapportioned Congressional districts. The Court held that the Elections Clause in Article I, section IV of the U.S. Constitution left to the legislature of each state the authority to establish the time, place, and manner of holding elections for Congressional Representatives, and that only Congress could determine whether individual state legislatures had fulfilled their responsibility to secure fair representation for citizens.
Pleasant Grove City v. Summum, 555 U.S. 460 (2009), is a decision from the Supreme Court of the United States which ruled on the U.S. Constitution's prohibition on a government establishment of religion specifically with respect to monuments on public land.
Davis v. Mann, 377 U.S. 678 (1964), was a United States Supreme Court which was one of a series of cases decided in 1964 that ruled that state legislature districts had to be roughly equal in population.
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant be brought into court to determine if there is probable cause for holding the suspect in custody. The majority held that suspects must generally be granted a probable cause determination within 48 hours of arrest. The dissent believed that probable cause hearings should generally be provided much sooner, as soon as the police complete the administrative steps incident to arrest.