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Thurgood Marshall was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-American justice. Prior to his judicial service, he was an attorney who fought for civil rights, leading the NAACP Legal Defense and Educational Fund. Marshall coordinated the assault on racial segregation in schools. He won 29 of the 32 civil rights cases he argued before the Supreme Court, culminating in the Court's landmark 1954 decision in Brown v. Board of Education, which rejected the separate but equal doctrine and held segregation in public education to be unconstitutional. President Lyndon B. Johnson appointed Marshall to the Supreme Court in 1967. A staunch liberal, he frequently dissented as the Court became increasingly conservative.
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited, as it may extend for a set time, or it may be lost under certain circumstances; for example, a grandfathered power plant might be exempt from new, more restrictive pollution laws, but the exception may be revoked and the new rules would apply if the plant were expanded. Often, such a provision is used as a compromise or out of practicality, to allow new rules to be enacted without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied.
Briggs v. Elliott, 342 U.S. 350 (1952), on appeal from the U.S. District Court for the Eastern District of South Carolina, challenged school segregation in Summerton, South Carolina. It was the first of the five cases combined into Brown v. Board of Education (1954), the famous case in which the U.S. Supreme Court declared racial segregation in public schools to be unconstitutional by violating the Fourteenth Amendment's Equal Protection Clause. Following the Brown decision, the district court issued a decree that struck down the school segregation law in South Carolina as unconstitutional and required the state's schools to integrate. Harry and Eliza Briggs, Reverend Joseph A. DeLaine, and Levi Pearson were awarded Congressional Gold Medals posthumously in 2003.
The United States District Court for the District of South Carolina is the federal district court whose jurisdiction is the state of South Carolina. Court is held in the cities of Aiken, Anderson, Beaufort, Charleston, Columbia, Florence, Greenville, and Spartanburg.
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to the state and local governments by incorporation through the Fourteenth Amendment in 1868 and the Fifteenth Amendment in 1870.
Edwards v. South Carolina, 372 U.S. 229 (1963), was a landmark decision of the US Supreme Court ruling that the First and Fourteenth Amendments to the U.S. Constitution forbade state government officials to force a crowd to disperse when they are otherwise legally marching in front of a state house.
John Jacob Riley was a U.S. Representative from South Carolina, husband of Corinne Boyd Riley.
Malloy v. Hogan, 378 U.S. 1 (1964), was a case in which the Supreme Court of the United States deemed defendants' Fifth Amendment privilege not to be compelled to be witnesses against themselves was applicable within state courts as well as federal courts, overruling the decision in Twining v. New Jersey (1908). The majority decision holds that the Fourteenth Amendment allows the federal government to enforce the first eight amendments on state governments.
George W. Bush & Sons Co. v. Malloy, 267 U.S. 317 (1925), was a decision by the United States Supreme Court, which held that the state statute under which the Maryland Public Service Commission (PSC) issued certificates of public convenience and necessity to common carriers engaged in interstate commerce violated the Commerce Clause of the United States Constitution.
Griffin v. California, 380 U.S. 609 (1965), was a United States Supreme Court case in which the Court ruled, by a 6–2 vote, that it is a violation of a defendant's Fifth Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt.
Barrett v. United States, 169 U.S. 218 (1898), was a case in which the Supreme Court of the United States held that South Carolina had never effectively been subdivided into separate judicial districts. Therefore, it was held, a criminal defendant allegedly tried in one district for a crime committed in the other had in fact been permissibly been tried in a separate division of a single district.
Reno v. Condon, 528 U.S. 141 (2000), was a case in which the Supreme Court of the United States upheld the Driver's Privacy Protection Act of 1994 (DPPA) against a Tenth Amendment challenge.
In re Primus, 436 U.S. 412 (1978), was a United States Supreme Court case in which the Court held that solicitation of prospective litigants by nonprofit organizations that engage in litigation as a form of political expression and political association constitutes expressive and associational conduct entitled to First Amendment protection.
South Carolina v. Gathers, 490 U.S. 805 (1989), was a United States Supreme Court case which held that testimony in the form of a victim impact statement is admissible during the sentencing phase of a trial only if it directly relates to the "circumstances of the crime." This case was later overruled by the Supreme Court decision in Payne v. Tennessee.
Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013), was a decision of the Supreme Court of the United States that held that several sections of the Indian Child Welfare Act (ICWA) do not apply to Native American biological fathers who are not custodians of a Native American child. The court held that the procedures required by the ICWA to end parental rights do not apply when the child has never lived with the father. Additionally, the requirement to make extra efforts to preserve the Native American family also does not apply, nor is the preferred placement of the child in another Native American family required when no other party has formally sought to adopt the child.
Klopfer v. North Carolina, 386 U.S. 213 (1967), was a decision by the United States Supreme Court involving the application of the Speedy Trial Clause of the United States Constitution in state court proceedings. The Sixth Amendment in the Bill of Rights states that in criminal prosecutions "...the accused shall enjoy the right to a speedy trial" In this case, a defendant was tried for trespassing and the initial jury could not reach a verdict. The prosecutor neither dismissed nor reinstated the case but used an unusual procedure to leave it open, potentially indefinitely. Klopfer argued that this denied him his right to a speedy trial. In deciding in his favor, the Supreme Court incorporated the speedy trial protections of the Sixth Amendment against the states.
Maria Araújo Kahn is an associate justice of the Connecticut Supreme Court. In August 2022, President Joe Biden nominated Kahn to be a United States circuit judge of the United States Court of Appeals for the Second Circuit.
G. & C. Merriam Co. v. Syndicate Pub. Co., 237 U.S. 618 (1915), was a United States Supreme Court case in which the Court held that, under the Trademark Act of 1881, after a copyrighted work expires, the word used to designate that work falls into the public domain and cannot be trademarked.
References
- ↑ "Malloy v. South Carolina, 237 U.S. 180 (1915)". Justia Law. Retrieved 2022-09-16.