Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protects a pregnant woman's liberty to choose to have an abortion. The decision struck down many federal and state abortion laws, and fueled an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be. It also shaped debate concerning which methods the Supreme Court should use in constitutional adjudication.
Pollock v. Farmers' Loan & Trust Company, 157 U.S. 429 (1895), affirmed on rehearing, 158 U.S. 601 (1895), was a landmark case of the Supreme Court of the United States. In a 5-to-4 decision, the Supreme Court struck down the income tax imposed by the Wilson–Gorman Tariff Act for being an unapportioned direct tax. The decision was superseded in 1913 by the Sixteenth Amendment to the United States Constitution, which allows Congress to levy income taxes without apportioning them among the states.
Gitlow v. New York, 268 U.S. 652 (1925), was a landmark decision of the United States Supreme Court holding that the Fourteenth Amendment to the United States Constitution had extended the First Amendment's provisions protecting freedom of speech and freedom of the press to apply to the governments of U.S. states. Along with Chicago, Burlington & Quincy Railroad Co. v. City of Chicago (1897), it was one of the first major cases involving the incorporation of the Bill of Rights. It was also one of a series of Supreme Court cases that defined the scope of the First Amendment's protection of free speech and established the standard to which a state or the federal government would be held when it criminalized speech or writing.
United States v. Cruikshank, 92 U.S. 542 (1876), was a landmark decision of the US Supreme Court ruling that the Bill of Rights did not limit the power of private actors or state governments despite the adoption of the Fourteenth Amendment. It reversed the federal criminal convictions for the civil rights violations committed in aid of anti-Reconstruction murders. Decided during the Reconstruction Era, the case represented a major blow to federal efforts to protect the civil rights of African Americans.
The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol building on State Street. The building was finished in 1914 and also houses the state's law library, while the courtroom is also used by the Oregon Court of Appeals.
Pierce v. Society of Sisters, 268 U.S. 510 (1925), was an early 20th-century United States Supreme Court decision striking down an Oregon statute that required all children to attend public school. The decision significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution to recognize personal civil liberties. The case has been cited as a precedent in more than 100 Supreme Court cases, including Roe v. Wade, and in more than 70 cases in the courts of appeals.
Samuel Freeman Miller was an American lawyer and physician who served as an associate justice of the U.S. Supreme Court from 1862 until his death in 1890.
Oregon v. Mitchell, 400 U.S. 112 (1970), was a Supreme Court case which held that the United States Congress could set voting age requirements for federal elections but not for local or state elections. The case also upheld Congress's nationwide prohibition on literacy tests and similar "tests or devices" used as voting qualifications as defined in the Voting Rights Act of 1965.
The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark decision of the U.S. Supreme Court in which the Court held that that there is no general American federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that involve no federal questions. In reaching this holding, the Court overturned almost a century of federal civil procedure case law, and established the foundation of what remains the modern law of diversity jurisdiction as it applies to United States federal courts.
Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990), is a United States Supreme Court case that held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts performed in pursuit of religious beliefs, they are not required to do so.
Gonzales v. Oregon, 546 U.S. 243 (2006), was a landmark decision of the US Supreme Court which ruled that the United States Attorney General cannot enforce the federal Controlled Substances Act against physicians who prescribed drugs, in compliance with Oregon state law, to terminally ill patients seeking to end their lives, commonly referred to as assisted suicide. It was the first major case heard by the Roberts Court under the new Chief Justice of the United States.
Jerry Edwin Smith is an American attorney and jurist serving as a United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit.
Apodaca v. Oregon, 406 U.S. 404 (1972), was a United States Supreme Court case in which the Court held that state juries may convict a defendant by a less-than-unanimous verdict in a felony criminal case. The four-justice plurality opinion of the court, written by Justice White, affirmed the judgment of the Oregon Court of Appeals and held that there was no constitutional right to a unanimous verdict. Although federal law requires federal juries to reach criminal verdicts unanimously, the Court held Oregon's practice did not violate the Sixth Amendment right to trial by jury and so allowed it to continue. In Johnson v. Louisiana, a case decided on the same day, the Court held that Louisiana's similar practice of allowing criminal convictions by a jury vote of 9–3 did not violate due process or equal protection under the Fourteenth Amendment.
The National Conference of Commissioners on Uniform State Laws developed the Uniform State Narcotic Drug Act in 1934 due to the lack of restrictions in the Harrison Act of 1914. The Harrison Act was a revenue-producing act and, while it provided penalties for violations, it did not give authority to the states to exercise police power regarding either seizure of drugs used in illicit trade or punishment of those responsible.
Several authors have put forth arguments concerning the legality of the war on drugs. In his essay The Drug War and the Constitution, libertarian philosopher Paul Hager makes the case that the War on Drugs in the United States is an illegal form of prohibition, which violates the principles of a limited government embodied in the United States Constitution.
Gonzales v. Raich, 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.
NAACP v. Button, 371 U.S. 415 (1963), is a 6-to-3 ruling by the Supreme Court of the United States which held that the reservation of jurisdiction by a federal district court did not bar the U.S. Supreme Court from reviewing a state court's ruling, and also overturned certain laws enacted by the state of Virginia in 1956 as part of the Stanley Plan and massive resistance, as violating the First and Fourteenth Amendments to the United States Constitution. The statutes here stricken down by the Supreme Court had expanded the definitions of the traditional common law crimes of champerty and maintenance, as well as barratry, and had been targeted at the NAACP and its civil rights litigation.
American Tradition Partnership, Inc. v. Bullock, 2011 MT 328, is a decision by the Montana Supreme Court ruling that the broad free speech protections given to corporations in Citizens United v. FEC do not apply to Montana's campaign finance laws. The United States Supreme Court reversed the Montana Supreme Court's decision in American Tradition Partnership, Inc. v. Bullock, 567, U.S. 516 (2012), in a short, per curiam opinion issued without oral argument. The court wrote only that the legal issue had already been precluded by Citizens United, and this case offered no new arguments and failed to distinguish that prior decision.
Shular v. United States, 589 U.S. ___ (2020), is an opinion of the United States Supreme Court in which the Court held that, under the Armed Career Criminal Act of 1984, the definition of “serious drug offense” requires only that the state offense involve the conduct specified in the statute. Unlike other provisions of the ACCA, it does not require that state courts develop “generic” version of a crime—describing the elements of the offense as they are commonly understood—and then compare the crime being charged to that "generic" version to determine whether or not they qualify under the ACCA for purposes of penalty enhancement. This decision is notable as one of many examples of Armed Career Criminal Act case law, a federal law whose provisions have resulted in significant numbers of Supreme Court cases since the law was first enacted in 1984.
