2161

STATE CONSTITUTIONAL AND STATUTORY 

PROVISIONS AND MUNICIPAL ORDINANCES 

HELD UNCONSTITUTIONAL OR HELD TO BE 

PREEMPTED BY FEDERAL LAW 

(1789–2002)

2163

STATE CONSTITUTIONAL AND STATUTORY PROVISIONS AND MUNICIPAL ORDINANCES HELD 

UNCONSTITUTIONAL OR HELD TO BE PREEMPTED BY FEDERAL LAW 

Three separate lists of Supreme Court decisions appear below: part I 

lists cases holding state constitutional or statutory provisions unconstitutional, part II lists cases holding local laws unconstitutional, and part III 

lists cases holding that state or local laws are preempted by federal law. 

Each case is briefly summarized, and the votes of Justices are indicated unless the Court’s decision was unanimous. Previous editions contained only 

two lists, one for cases holding state laws unconstitutional or preempted by 

federal law, and one for unconstitutional or preempted local laws. The 2002 

edition adds the third category because of the different nature of preemption 

cases. State or local laws held to be preempted by federal law are void not 

due to repugnancy with any provision of the Constitution, but rather due 

to conflict with a federal statute or treaty, and through operation of the Supremacy Clause. Preemption cases formerly listed in one of the first two categories have been moved to the third. A few cases with multiple holdings 

are listed in more than one category. 

I. STATE LAWS HELD UNCONSTITUTIONAL 

1. United States v. Peters, 9 U.S. (5 Cr.) 115 (1809) 

A Pennsylvania statute prohibiting the execution of any process 

issued to enforce a certain sentence of a federal court, on the ground 

that the federal court lacked jurisdiction in the cause, could not oust 

the federal court of jurisdiction. A state statute purporting to annul 

the judgment of a court of the United States and to destroy rights acquired thereunder is without legal foundation. 

2. Fletcher v. Peck, 10 U.S. (6 Cr.) 87 (1810) 

A Georgia statute annulling conveyance of public lands authorized by a prior enactment was violative of the obligation of contracts 

clause (Art. I, § 10) of the Constitution. 

Justices concurring: Marshall, C.J., Washington, Livingston, Todd. 

Justice dissenting: Johnson (in part). 

3. New Jersey v. Wilson, 11 U.S. (7 Cr.) 164 (1812). 

A New Jersey law purporting to repeal an exemption from taxation contained in a prior enactment conveying certain lands was violative of the obligation of contracts clause (Art. I, § 10). 

4. Terrett v. Taylor, 13 U.S. (9 Cr.) 43 (1815). 

Although subsequently cited as a contract clause case (Piqua

Branch Bank v. Knoop, 57 U.S. (16 How.) 369, 389 (1853)), the Court 

2164 STATE LAWS HELD UNCONSTITUTIONAL 

in the instant decision, without referring to the obligation of contracts 

clause (Art. I, § 10), voided, as contrary to the principles of natural 

justice, two Virginia acts which purported to divest the Episcopal 

Church of title to property ‘‘acquired under the faith of previous 

laws.’’

5. Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122 (1819). 

Retroactive operation of a New York insolvency law to discharge 

the obligation of a debtor on a promissory note negotiated prior to its 

adoption violated the obligation of contracts clause (Art. I, § 10). 

6. McMillan v. McNeil, 17 U.S. (4 Wheat.) 209 (1819). 

A Louisiana insolvency law had no extraterritorial operation, and 

although adopted in 1808, its invocation to relieve a debtor of an obligation contracted by him in 1811, while a resident of South Carolina, 

offended the obligation of contracts clause (Art. I, § 10). 

7. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819). 

Under the principle of national supremacy (Art. VI) whereunder 

instrumentalities of the Federal Government are immune from state 

taxation, a Maryland law imposing a tax on notes issued by a branch 

of the Bank of United States was held unconstitutional. 

8. Dartmouth College v. Woodward, 17 U.S. (4 Wheat.) 518 (1819). 

A New Hampshire law which altered a charter granted to a private eleemosynary corporation by the British Crown prior to the Revolution was deemed violative of the obligation of contracts clause (Art. 

I, § 10). 

Justices concurring: Marshall, C.J., Washington, Johnson, Livingston, Story. 

Justice dissenting: Duvall. 

9. Farmers’ and Mechanics’ Bank v. Smith, 19 U.S. (6 Wheat.) 131 (1821). 

A Pennsylvania insolvency law, insofar as it purported to discharge a debtor from obligations contracted prior to its passage, was 

violative of the obligation of contracts clause (Art. I, § 10). 

10. Green v. Biddle, 21 U.S. (8 Wheat.) 1 (1823). 

Inasmuch as the compact between Virginia and Kentucky negotiated on the occasion of the separation of the latter from the former 

stipulated that rights in lands within the ceded area should remain 

valid and secure under the laws of Kentucky, and should be determined by Virginia law as of the time of separation, a subsequent Kentucky law which diminished the rights of a lawful owner by reducing 

the scope of his remedies against an adverse possessor violated the 

obligation of contracts clause (Art. I, § 10) 

Justice concurring: Johnson (separately). 

STATE LAWS HELD UNCONSTITUTIONAL 2165

11. Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 (1824). 

An Ohio statute levying a tax on the Bank of the United States, 

a federal instrumentality, was unenforceable (Art VI). 

Justices concurring: Marshall, C.J., Washington, Todd, Duvall, Story, Thompson.

Justice dissenting: Johnson. 

12. Ogden v. Saunders, 25 U.S. (12 Wheat.) 213 (1827). 

Although a New York insolvency law may be applied to discharge 

a debt contracted subsequently to the passage of such law, the statute 

could not be accorded extraterritorial enforcement to the extent of discharging a claim sought to be collected by a citizen of another State 

either in a federal court or in the courts of other States. 

Justices concurring: Johnson, Marshall, C.J., Duvall, Story. 

Justices dissenting: Washington, Thompson, Trimble. 

13. Brown v. Maryland, 25 U.S. (12 Wheat.) 419 (1827). 

A Maryland statute which required an importer to obtain a license before reselling in the original package articles imported from 

abroad was in conflict with the federal power to regulate foreign commerce (Art. I, § 8, cl. 3) and with the constitutional provision (Art. I, 

§ 10, cl. 2) prohibiting States from levying import duties. 

Justices concurring: Marshall, C.J., Washington, Johnson, Duvall, Story, 

Trimble.

Justice dissenting: Thompson. 

14. Craig v. Missouri, 29 U.S. (4 Pet.) 410 (1830). 

A Missouri act, under the authority of which certificates in denominations of 50 to $10 were issued, payable in discharge of taxes 

or debts owned to the State and of salaries due public officers violated 

the constitutional prohibition (Art. I, § 10, cl. 10) against emission of 

‘‘bills of credit’’ by States. 

Justices concurring: Marshall, C.J., Duvall, Story, Baldwin. 

Justices dissenting: Johnson, Thompson, McLean. 

15. Boyle v. Zacharie, 31 U.S. (6 Pet.) 635 (1832). 

Consistently with the principle of Ogden v. Saunders, a Maryland 

insolvency law could not be invoked to effect discharge of an obligation contracted in Louisiana subsequently to its passage. 

16. Dobbins v. Commissioners of Erie County, 41 U.S. (16 Pet.) 435 (1842). 

A Pennsylvania law which diminished the compensation of a federal officer by subjecting him to county taxes imposed an invalid burden on 

a federal instrumentality (Art. VI). 

2166 STATE LAWS HELD UNCONSTITUTIONAL 

17. Prigg v. Pennsylvania, 41 U.S. (16 Pet.) 539 (1842). 

A Pennsylvania statute (1826) which penalized an owner’s recovery of a runaway slave was violative of Art. IV, § 2, cl. 3, as well as 

federal implementing legislation. 

Justices concurring: Story, Catron, McKinley, Taney, C.J. (separately), Thompson (separately), Baldwin (separately), Wayne (separately), Daniel (separately), McLean (separately). 

18. Bronson v. Kinzie, 42 U.S. (1 How.) 311 (1843). 

Illinois mortgage moratorium law which, when applied to a mortgage negotiated prior to its passage, reduced the remedies of the 

mortgage lender by conferring a new right of redemption upon a defaulting borrower, impaired an obligation of contract contrary to Art. 

I, § 10, of the Constitution. 

Justices concurring: Taney, C.J., Baldwin, Wayne, Catron, Daniel. 

Justice dissenting: McLean. 

19. McCracken v. Hayward, 43 U.S. (2 How.) 608 (1844). 

Illinois mortgage moratorium law, which, when applied to a mortgage executed prior to its passage, diminished remedies of the mortgage lender by prohibiting consummation of a foreclosure unless the 

foreclosure price equaled two-thirds of the value of the mortgaged 

property, impaired the lender’s obligation of contract contrary to Art. 

I, § 10, of the Constitution. 

20. Gordon v. Appeal Tax Court, 44 U.S. (3 How.) 133 (1845). 

As to stockholders of Maryland state banks afforded an exemption under prior act of 1821, Maryland statute of 1841 taxing these 

stockholders impaired the obligation of contract. 

21. Planters’ Bank v. Sharp, 47 U.S. (6 How.) 301 (1848). 

Mississippi law which nullified the power of a bank under a previously issued charter to discount bills of exchange and promissory 

notes and to institute actions for collection of the same was void by 

reason of imparing an obligation of contract (Art. I, § 10). 

Justices concurring: McLean, Wayne, Catron, Nelson, Woodbury, Grier. 

Justices dissenting: Taney, C.J., Daniel. 

22. Passenger Cases, 48 U.S. (7 How.) 283 (1849). 

Collection by New York and Massachusetts of per capita taxes on 

alien and domestic passengers arriving in the ports of these States 

was violative of the federal power to regulate foreign and interstate 

commerce (Art. I, § 8, cl. 3). 

Justices concurring: McLean (separately), Wayne (separately), Catron (separately), McKinley (separately), Grier (separately). 

Justices dissenting: Taney, C.J. (separately), Daniel (separately), Woodbury 

(separately), Nelson. 

STATE LAWS HELD UNCONSTITUTIONAL 2167

23. Woodruff v. Trapnall, 51 U.S. (10 How.) 190 (1851). 

A judgment debtor of the State of Arkansas tendered, in satisfaction of the judgment, banknotes in circulation at the time of the repeal by the State of that section of the said bank’s charter providing 

that such notes should be received in discharge of public debts. By 

reason of the inhibition of the contract clause of the Constitution, the 

legislative repeal could neither affect such notes nor abrogate the 

pledge of the State to receive them in payment of debts. 

Justices concurring: Taney, C.J., McLean, Wayne, McKinley, Woodbury. 

Justices dissenting: Catron, Daniel, Nelson, Grier. 

24. Achison v. Huddleson, 53 U.S. (12 How.) 293 (1852). 

Inasmuch as by the terms of a Maryland statute, assented to by 

Congress, no toll was to be levied by that State on passenger coaches 

carrying mails over the Cumberland Road, later Maryland law imposing tolls on passengers in such coaches was void by reason of conflict 

with an earlier compact between Maryland and the Federal Government and also by virtue of imposing a burden on federal carriage of 

the mails (Art. VI). 

25. Trustees for Vincennes University v. Indiana, 55 U.S. (14 How.) 268 

(1853).

Inasmuch as the incorporation by the territorial legislature of the 

University in 1806 operated to vest in the latter certain federal lands 

reserved for educational purposes, subsequent enactment by Indiana 

ordering the sale of such lands and use of the proceeds for other purposes was invalid because of impairment of the contractual rights of 

the University. 

Justices concurring: McLean, Wayne, Nelson, Grier, Curtis. 

Justices dissenting: Taney, C.J., Catron, Daniel. 

26. Curran v. Arkansas, 56 U.S. (15 How.) 304 (1854). 

Retroactive Arkansas laws which vested all property of the state 

bank in Arkansas and thereby prevented the bank from honoring its 

outstanding bills payable on demand to the holders thereof impaired 

the bank’s contractual rights and were void. 

Justices concurring: Taney, C.J., McLean, Wayne, Grier, Curtis, Campbell. 

Justices dissenting: Catron, Daniel, Nelson. 

27. State Bank of Ohio v. Knoop, 57 U.S. (16 How.) 369 (1854). 

Inasmuch as state banks, on acceptance of a charter under the 

Ohio banking law of 1845, were directed, in lieu of all taxes, to pay 

six percent of annual dividends to the States, a later statute which 

exposed these banks to higher taxes effected an invalid impairment 

of the obligation of contract. 

Justices concurring: Taney, C.J., McLean, Wayne, Nelson, Grier, Curtis. 

2168 STATE LAWS HELD UNCONSTITUTIONAL 

Justices dissenting: Catron, Daniel, Campbell. 

28. Hays v. The Pacific Mail Steamship Co., 58 U.S. (17 How.) 596 (1855). 

California lacked jurisdiction to impose property taxes on vessels 

owned by a New York company and registered in New York as their 

home port which engaged in the coastwise trade entailing calls at 

California ports which were too brief to establish a tax situs. 

Justices concurring: Taney, C.J., McLean, Wayne, Catron, Nelson, Grier, Curtis, Campbell. 

Justice dissenting: Daniel. 

29. Dodge v. Woolsey, 59 U.S. (18 How.) 331 (1856). 

Levy under an 1851 Ohio law of a bank tax at a higher rate than 

that specified in the bank’s charter in 1845 was invalid by reason of 

impairment of the obligation of contract. 

Justices concurring: Taney, C.J., McLean, Wayne, Nelson, Grier, Curtis. 

Justices dissenting: Catron, Daniel, Campbell. 

30. Almy v. California, 65 U.S. (24 How.) 169 (1861). 

A California stamp tax imposed on bills of lading for gold or silver transported from California to any place outside the State was 

void as a tax on exports forbidden by Art. I, § 10, cl. 2 of the Constitution.

31. Howard v. Bugbee, 65 U.S. (24 How.) 461 (1861). 

An Alabama statute authorizing redemption of mortgaged property in two years after sale under a foreclosure decree, by bona fide 

creditors of the mortgagor could not be applied to sales under mortgages executed prior to the enactment without invalid impairment of 

the obligation of contracts (Art. I, § 10). 

32. Bank of Commerce v. New York City, 67 U.S. (2 Black) 620 (1863). 

Securities of the United States being exempt from state taxation, 

inclusion of the value thereof in the capital of a bank subjected to taxation by the terms of a New York law rendered the latter void. 

33. Bank Tax Case, 69 U.S. (2 Wall.) 200 (1865). 

An 1863 New York law, enacted after the Bank of Commerce decision, is similarly invalid as in effect a tax on the securities of the 

United States. 

34. Hawthorne v. Calef, 69 U.S. (2 Wall.) 10 (1865). 

A Maine statute terminating the liability of corporate stock for 

the debts of the corporation impaired the obligation of contracts as respects claims of creditors outstanding at the time of such termination. 

35. The Binghamton Bridge, 70 U.S. (3 Wall.) 51 (1866). 

An obligation of contract was impaired when the New York legislature, after having issued a charter to a bridge company containing 

STATE LAWS HELD UNCONSTITUTIONAL 2169

assurances that erection of other bridges within two miles of said 

bridge would not be authorized, subsequently chartered a second company to construct a bridge within a few rods of the first. 

36. McGee v. Mathis, 71 U.S. (4 Wall.) 143 (1867). 

Arkansas statute of 1855 repealing an 1851 grant of tax exemption applicable to swamp lands, paid for either before or after repeal 

with scrip issued before the repeal, impaired a contract of the State 

with holders of such scrip (Art. I, § 10). 

37. Cummings v. Missouri, 71 U.S. (4 Wall.) 277 (1867). 

Missouri constitutional provisions which required clergymen, as a 

prerequisite to the practice of their profession, to take an oath that 

they had never been guilty of hostility to the United States, or of certain other acts which were lawful when committed, was void as a bill 

of attainder and as an ex post facto law. 

Justices concurring: Wayne, Grier, Nelson, Clifford, Field. 

Justices dissenting: Swayne, Davis, Miller. 

38. Von Hoffman v. Quincy, 71 U.S. (4 Wall.) 535 (1867). 

Illinois law limiting taxing powers granted to a municipality 

under a prior law authorizing it to issue bonds and amortize the same 

by levy of taxes impaired the obligation of contract (Art. I, §10). 

39. Christmas v. Russell, 72 U.S. (5 Wall.) 290 (1867). 

A Mississippi statute which prohibited enforcement of a judgment 

of a sister State against a resident of Mississippi whenever barred by 

the Mississippi statute of limitations was violative of the full faith 

and credit clause of Art. IV. 

40. Steamship Company v. Portwardens, 73 U.S. (6 Wall.) 31 (1867). 

A Louisiana statute which provided that port wardens might collect, in addition to other fees, a tax of five dollars from every ship entering the port of New Orleans, whether any service was performed 

or not, was in conflict with the commerce clause of the Constitution 

(Art. I, § 8, cl. 3). 

41. Crandall v. Nevada, 73 U.S. (6 Wall.) 35 (1868). 

A Nevada tax collected from every person leaving the State by 

rail or stage coach abridged the privileges of United States citizens 

to move freely across state lines in fulfillment of their relations with 

the National Government. 

42. Northern Central Ry. v. Jackson, 74 U.S. (7 Wall.) 262 (1869). 

Pennsylvania was without jurisdiction to enforce its law taxing 

interest on railway bonds secured by a mortgage applicable to railway 

property part of which was located in another State. 

Justices concurring: Chase, C.J., Nelson, Davis, Field, Miller, Grier. 

2170 STATE LAWS HELD UNCONSTITUTIONAL 

Justices dissenting: Clifford, Swayne. 

43. Furman v. Nichol, 75 U.S. (8 Wall.) 44 (1869). 

Tennessee statute repealing prior law making notes of the Banks 

of Tennessee receivable in payment of taxes impaired the obligation 

of contract as to the notes already in circulation (Art. I, § 10). 

44. Home of the Friendless v. Rouse, 75 U.S. (8 Wall.) 430 (1869); The

Washington University v. Rouse, 75 U.S. (8 Wall.) 439 (1869). 

Missouri statute taxing corporations afforded tax exemption by 

their charter impaired the obligation of contract (Art. I, § 10). 

Justices concurring: Nelson, Clifford, Grier, Swayne, Davis. 

Justices dissenting: Chase, C.J., Miller, Field. 

45. State Tonnage Tax Cases, 79 U.S. (12 Wall.) 204 (1871). 

Alabama taxes levied on vessels owned by its citizens and employed in intrastate commerce ‘‘at so much per ton of the registered 

tonnage’’ were violative of the constitutional prohibition against the 

levy of tonnage duties by States. 

46. Ward v. Maryland, 79 U.S. (12 Wall.) 418 (1871). 

Maryland law which exacted a traders’ license from nonresidents 

at a higher rate than was collected from residents was violative of the 

privileges and immunities clause of Art. IV, § 2. 

47. Gibson v. Chouteau, 80 U.S. (13 Wall.) 92 (1872). 

State legislation cannot interfere with the disposition of the public domain by Congress, and therefore a Missouri statute of limitations, which was inapplicable to the United States, could not be applied so as to accord title to an adverse possessor as against a grantee 

from the United States, notwithstanding that the adverse possession 

preceded the federal conveyance. 

Justices concurring: Field, Nelson, Swayne, Clifford, Miller, Bradley, Chase, 

C.J..

Justices dissenting: Davis, Strong. 

48. Wilmington R.R. v. Reid, 80 U.S. (13 Wall.) 264 (1872). 

North Carolina statute which levied a tax on the franchise and 

property of a railroad which had been accorded tax exemption by the 

terms of its charter impaired the obligation of contract. 

49. White v. Hart, 80 U.S. (13 Wall.) 646 (1872). 

Obligations of contracts clause (Art. I, § 10) precluded reliance on 

a Georgia constitutional provision of 1868, prohibiting enforcement of 

any contract, the consideration for which was a slave, to defeat enforcement of a note based on such consideration and negotiated prior 

to adoption of said provision. 

Justices concurring: Swayne, Nelson, Davis, Strong, Clifford, Miller, Field, 

Bradley.

STATE LAWS HELD UNCONSTITUTIONAL 2171

Justice dissenting: Chase, C.J.. 

50. Accord: Osborne v. Nicholson, 80 U.S. (13 Wall.) 654 (1872), invalidating 

a similar Arkansas constitutional provision adopted in 1868. 

Justices concurring: Swayne, Nelson, Davis, Strong, Clifford, Miller, Field, 

Bradley.

Justice dissenting Chase

51. Delmas v. Insurance Company, 81 U.S. (14 Wall.) 661 (1872). 

A Louisiana constitutional provision rendering unenforceable contracts, the consideration for which was Confederate money, was inapplicable, by reason of the obligation of contracts clause of the Federal 

Constitution (Art. I, § 10) to contracts consummated before adoption 

of the former provision. 

52. Case of the State Freight Tax, 82 U.S. (15 Wall.) 232 (1873). 

A Pennsylvania law which imposed a tax on freight transported 

interstate, into and out of Pennsylvania, was an invalid regulation of 

interstate commerce. 

Justices concurring: Story, Chase, C.J., Clifford, Miller, Field, Bradley, 

Hunt.

Justices dissenting: Swayne, Davis. 

53. State Tax on Foreign-Held Bonds, 82 U.S. (15 Wall.) 300 (1873). 

Pennsylvania law, so far as it directed domestic corporations to 

withhold on behalf of the State a portion of interest due on bonds 

owned by nonresidents, impaired the obligation of contract and denied 

due process by taxing property beyond its jurisdiction. 

Justices concurring: Field, Chase, C.J., Bradley, Swayne, Strong. 

Justices dissenting: Davis, Clifford, Miller, Hunt. 

54. Gunn v. Barry, 82 U.S. (15 Wall.) 610 (1873). 

Georgia constitutional provision increasing amount of homestead 

exemption impaired the obligation of contract, insofar as it applied to 

a judgment obtained under a less liberal exemption provision. 

55. Pierce v. Carskadon, 83 U.S. (16 Wall.) 234 (1873). 

A West Virginia Act of 1865, depriving defendants of right to rehearing on a judgment obtained under an earlier law unless they 

made oath that they had not committed certain offenses, constituted 

an invalid bill of attainder and ex post facto law. 

Justices concurring: Field, Chase, C.J., Clifford, Miller, Swayne, Davis, 

Strong, Hunt. 

Justice dissenting: Bradley. 

56. Humphrey v. Pegues, 83 U.S. (16 Wall.) 244 (1873). 

South Carolina taxing laws, as applied to a railroad whose charter exempted it from taxation, impaired the obligation of contract. 

2172 STATE LAWS HELD UNCONSTITUTIONAL 

57. Walker v. Whitehead, 83 U.S. (16 Wall.) 314 (1873). 

Georgia law restricting remedies for obtaining a judgment, so far 

as it affected prior contracts, impaired the obligation of contract. 

58. Barings v. Dabney, 86 U.S. (19 Wall.) 1 (1873). 

South Carolina act appropriating for payment of state debts the 

assets of an insolvent bank, in which the State owned all the stock, 

disadvantaged private creditors of the bank and thereby impaired the 

obligation of contract. 

59. Peete v. Morgan, 86 U.S. (19 Wall.) 581 (1874). 

Texas act of 1870 imposing a tonnage tax on foreign vessels to 

defray quarantine expenses held violative of Art I, § 10, prohibiting 

levy without consent of Congress. 

60. Pacific R.R. v. Maguire, 87 U.S. (20 Wall.) 36 (1874). 

Missouri law which levied a tax on railroad prior to expiration of 

a grant of exemption impaired obligation of contract. 

Justices concurring: Waite, C.J., Field, Bradley, Swayne, Davis, Hunt. 

Justices dissenting: Clifford, Miller. 

61. Insurance Co. v. Morse, 87 U.S. (20 Wall.) 445 (1874). 

Wisconsin act admitting foreign insurance companies to transact 

business within the State, upon their agreement not to remove suits 

to federal courts, exacted an unconstitutional condition. 

Justices concurring: Clifford, Miller, Field, Bradley, Swayne, Strong, Hunt. 

Justices dissenting: Waite, C.J., Davis. 

62. Loan Association v. Topeka, 87 U.S. (20 Wall.) 655 (1875). 

Kansas act of 1872, authorizing municipalities to issue bonds repayable out of tax revenues in support of private enterprise, amounted to collection of money in aid of a private, rather than public purpose, and was violative of due process. 

Justices concurring: Strong, Swayne, Davis, Waite, C.J., Miller, Field, Bradley.

Justice dissenting: Clifford. 

63. Wilmington & Weldon R.R. v. King, 91 U.S. 3 (1875). 

North Carolina statute, insofar as it authorized a jury in suits on 

contracts--negotiated previously during the Civil War--to place their 

own estimates upon the value of the contract instead of taking the 

value stipulated by the parties, impaired the obligation of such contracts.

Justices concurring: Waite, C.J., Clifford, Miller, Field, Swayne, Davis, 

Strong, Hunt. 

Justice dissenting: Bradley. 

STATE LAWS HELD UNCONSTITUTIONAL 2173

64. Welton v. Missouri, 91 U.S. 275 (1876). 

Missouri act which required payment of a license fee by peddlers 

of merchandise produced outside the State, but exempted peddlers of 

State-produced merchandise, imposed an unconstitutional burden on 

interstate commerce. 

65. Morrill v. Wisconsin, 154 U.S. 626 (1877). 

Wisconsin statute void on basis of Welton v. Missouri.

66. Henderson v. Mayor of New York, 92 U.S. 259 (1876). 

New York act of 1849, which required owner of ocean-going passenger vessel to post bond of $300 for each passenger as surety 

against their becoming public charges, or, in lieu thereof, to pay a tax 

of $1.50 for each, contravened exclusive federal power to regulate foreign commerce. 

67. Chy Lung v. Freeman, 92 U.S. 275 (1876). 

California law, which required master of vessel to post $500 bond 

for each alien ‘‘lewd and debauched female’’ passenger landed, contravened the federal power to regulate foreign commerce. 

68. Inman Steamship Co. v. Tinker, 94 U.S. 238 (1877). 

New York act of 1865, providing for collection from docking vessels of a fee measured by tonnage, imposed tonnage duty in violation 

of Art. I, § 10. 

69. Foster v. Masters of New Orleans, 94 U.S. 246 (1877). 

Louisiana statute requiring survey of hatches of every sea-going 

vessel arriving at New Orleans, contravened the federal power to regulate foreign and interstate commerce. 

70. New Jersey v. Yard, 95 U.S. 104 (1877). 

Statute increasing tax above rate stipulated in State’s contract 

with railroad corporations impaired the obligation of contract. 

71. Railroad Co.v. Husen, 95 U.S. 465 (1878). 

Missouri act prohibiting the bringing of cattle into the State between March and November contravened the power of Congress over 

interstate commerce. 

72. Hall v. DeCuir, 95 U.S. 485 (1878). 

Louisiana Reconstruction Act, prohibiting interstate common carriers of passengers from making any discrimination on the basis of 

race or color, held invalid as a regulation of interstate commerce. 

73. Farrington v. Tennessee, 95 U.S. 679 (1878). 

Tennessee law increasing the tax on a bank above the rate specified in its charter, held to impair the obligation of that contract. 

Justices concurring: Swayne, Miller, Hunt, Bradley, Harlan, Waite, C.J.. 

2174 STATE LAWS HELD UNCONSTITUTIONAL 

Justices dissenting: Strong, Clifford, Field. 

74. Edwards v. Kearzey, 96 U.S. 595 (1878). 

North Carolina constitutional provision increasing amount of 

debtor’s property exempt from sale under execution of a judgment impaired the obligation of contracts negotiated prior to its adoption. 

Justices concurring: Waite, C.J., Swayne, Bradley, Strong, Miller. 

Justices concurring specially: Field, Hunt. 

Justice dissenting: Harlan. 

75. Keith v. Clark, 97 U.S. 454 (1878). 

Provision of the Tennessee Constitution of 1865, forbidding the 

receipt for taxes of the bills of the Bank of Tennessee and declaring 

the issues of the bank during the insurrectionary period void, held to 

impair the obligation of contract. 

Justices concurring: Miller, Clifford, Strong, Hunt, Swayne, Field. 

Justices dissenting: Waite, C.J., Bradley, Harlan. 

76. Cook v. Pennsylvania, 97 U.S. 566 (1878). 

Pennsylvania act taxing auction sales, when applied to sales of 

imported goods in the original packages, was void as a duty on imports and a regulation of foreign commerce. 

77. Northwestern University v. Illinois ex rel. Miller, 99 U.S. 309 (1878). 

Revenue law of Illinois, so far as it modified tax exemptions 

granted to Northwestern University by an earlier statute, impaired 

the obligation of contract. 

78. Strauder v. West Virginia, 100 U.S. 303 (1880). 

West Virginia law barring Negroes from jury service violated the 

equal protection clause of the Fourteenth Amendment. 

Justices concurring: Strong, Miller, Hunt, Swayne, Bradley, Harlan, Waite, 

C.J..

Justices dissenting: Field, Clifford. 

79. Guy v. City of Baltimore, 100 U.S. 434 (1880). 

Maryland statute and Baltimore ordinance, levying tax solely on 

products of other States, held to impose an invalid burden upon foreign and interstate commerce. 

Justices concurring: Harlan, Hunt, Clifford, Strong, Miller, Swayne, Field, 

Bradley.

Justice dissenting: Waite, C.J.. 

80. Tiernan v. Rinker, 102 U.S. 123 (1880). 

Texas statute, insofar as it levied occupational tax only upon sale 

of out-of-state beer and wine, was violative of the federal power to 

regulate foreign and interstate commerce. 

STATE LAWS HELD UNCONSTITUTIONAL 2175

81. Hartman v. Greenhow, 102 U.S. 672 (1880). 

Virginia act, adopted subsequently to law providing for issuance 

of bonds and acceptance of interest coupons thereon in full payment 

of taxes, which levied a new property tax collectible by way of deduction from such interest coupons, impaired the obligation of contract. 

Justices concurring: Field, Clifford, Harlan, Strong, Hunt, Swayne, Bradley, 

Waite, C.J.. 

Justice dissenting: Miller. 

82. Hall v. Wisconsin, 103 U.S. 5 (1880). 

Wisconsin act which repealed prior statute authorizing payment 

of fixed sum for performance of a contract to complete a geological 

survey, impaired the obligation of contract, notwithstanding that the 

second act was enacted prior to total fulfillment of the contract. 

83. Webber v. Virginia, 103 U.S. 344 (1881). 

Virginia license acts, requiring a license for sale of goods made 

outside the State but not within the State, held in conflict with the 

commerce clause. 

84. United States ex rel. Wolff v. City of New Orleans, 103 U.S. 358 (1881). 

Louisiana act withdrawing from New Orleans the power to levy 

taxes adequate to amortize previously issued bonds impaired the obligation of contract. 

Accord: Louisiana v. Pilsbury, 105 U.S. 278 (1881). 

85. Asylum v. City of New Orleans, 105 U.S. 362 (1881). 

The general taxing laws for New Orleans when applied to the 

property of an asylum, whose charter exempted it from taxation, impaired the obligation of contract. 

Justices concurring: Bradley, Waite, C.J., Woods, Gray, Harlan, Matthews, 

Blatchford.

Justices dissenting: Miller, Field. 

86. Western Union Telegraph Co. v. Texas, 105 U.S. 460 (1882). 

Texas tax collected on private telegraph messages sent out of the 

State imposed an invalid burden on foreign and interstate commerce; 

and insofar as it was imposed on official messages sent by federal officers amounted to an unconstitutional burden on a federal instrumentality.

87. Ralls County Court v. United States, 105 U.S. 733 (1881). 

Missouri law which deprived a county of the taxing power requisite to meet interest payments on previously issued bonds impaired 

the obligation of contract. 

88. City of Parkersburg v. Brown, 106 U.S. 487 (1882). 

West Virginia law authorizing a city to issue its bonds in aid of 

manufacturers was void by reason of sanctioning an expenditure of 

2176 STATE LAWS HELD UNCONSTITUTIONAL 

public funds for a private purpose contrary to the requirements of due 

process.

89. New York v. Compagnie Gen. Transatlantique, 107 U.S. 59 (1882). 

New York law imposing a tax on every alien arriving from a foreign country, and holding the vessel liable for payment of the tax was 

an invalid regulation of foreign commerce. 

90. Kring v. Missouri, 107 U.S. 221 (1883). 

A Missouri law which abolished a rule existing at the time the 

crime was committed, whereunder subsequent prosecution for first 

degree murder was precluded after conviction for second degree murder has been set aside on appeal, was void as an ex post facto law. 

Justices concurring: Miller, Harlan, Field, Blatchford, Woods. 

Justices dissenting: Matthews, Bradley, Gray, Waite, C.J.. 

91. Nelson v. St. Martin’s Parish, 111 U.S. 716 (1884). 

Louisiana act repealing taxing authority of a municipality to pay 

judgments hitherto rendered against it impaired the obligation of contract.

92. Cole v. La Grange, 113 U.S. 1 (1885). 

Missouri act authorizing city to issue bonds in aid of manufacturing corporations was void by reason of sanctioning defrayment of 

public moneys for other than public purpose and depriving taxpayers 

of property without due process. 

93. Gloucester Ferry Co. v. Pennsylvania, 114 U.S. 196 (1885). 

Pennsylvania taxing laws, when applied to the capital stock of a 

New Jersey ferry corporation carrying on no business in the State except the landing and receiving of passengers and freight, was void as 

a tax on interstate commerce. 

94. Virginia Coupon Cases, 114 U.S. 269 (1885). 

Virginia act which terminated privilege accorded bondholders 

under prior law of tendering coupons from said bonds in payment of 

taxes impaired the obligation of contract (Art. I, § 10). 

Justices concurring: Matthews, Field, Harlan, Woods, Blatchford. 

Justices dissenting: Bradley, Miller, Gray, Waite, C.J.. 

95. Effinger v. Kenney, 115 U.S. 566 (1885). 

Virginia Act of 1867, which provided that in suits to enforce contracts for the sale of property negotiated during the Civil War and 

payable in Confederate notes, the measure of recovery was to be the 

value of the land at the time of sale rather than the value of such 

notes at that time, impaired the obligation of contracts (Art. I, § 10). 

STATE LAWS HELD UNCONSTITUTIONAL 2177

96. Louisville Gas Co. v. Citizens’ Gas Co., 115 U.S. 683 (1885). 

Kentucky act of 1872 chartering and authorizing a corporation to 

supply gas in Louisville, Kentucky, impaired the obligation of contract 

resulting from the grant of an exclusive privilege to an older company 

in 1869. 

97. Fisk v. Jefferson Police Jury, 116 U.S. 131 (1885). 

When a public officer has completed services (1871-1874), for 

which the compensation was fixed by law, an implied obligation to 

pay him at such rate arises, and such contract was impaired by a 

Louisiana constitutional provision of 1880 which reduced the taxing 

power of a parish to such extent as to deprive the officer of any effective means of collecting the sum due him. 

98. City of Mobile v. Watson, 116 U.S. 289 (1886). 

Alabama law which deprived Mobile and its successor of the 

power to levy taxes sufficient to amortize previously issued bonds impaired the obligation of contracts. 

99. Walling v. Michigan, 116 U.S. 446 (1886). 

Michigan law taxing nonresidents soliciting sale of foreign liquors 

to be shipped into the State imposed an invalid restraint on interstate 

commerce.

100. Royall v. Virginia, 116 U.S. 572 (1886). 

When a Virginia law provided that coupons on state bonds were 

acceptable in payment of state fees, subsequent law requiring legal 

tender in payment of a professional license fee impaired the obligation of contract between the coupon holder and the State and also 

voided invocation of another law imposing penalty for practice without a license (refused for want of payment in legal tender). 

101. Pickard v. Pullman Southern Car Co., 117 U.S. 34 (1886). 

Tennessee privilege tax on railway sleeping cars was void insofar 

as it applied to cars moving in interstate commerce. 

102. Van Brocklin v. Tennessee, 117 U.S. 151 (1886). 

A State cannot validly sell for taxes lands which the United 

States owned at the time the taxes were levied, but in which it ceased 

to have an interest at the time of sale (Art. VI). 

103. Wabash, St. L. & P. Ry. v. Illinois, 118 U.S. 557 (1886). 

Illinois law, prohibiting long-short haul rate discrimination, when 

applied to interstate transportation, encroached upon the federal commerce power. 

Justices concurring: Miller, Field, Harlan, Woods, Matthews, Blatchford. 

Justices dissenting: Bradley, Gray, Waite, C.J.. 

2178 STATE LAWS HELD UNCONSTITUTIONAL 

104. Robbins v. Shelby Taxing District, 120 U.S. 489 (1887). 

Tennessee law taxing drummers not operating from a domestic licensed place of business, insofar as it applied to drummers soliciting 

sales of goods on behalf of out-of-state business firms, was an invalid 

regulation of interstate commerce. 

Justices concurring: Bradley, Miller, Harlan, Woods, Matthews, Blatchford. 

Justices dissenting: Waite, C.J., Gray, Field. 

105. Corson v. Maryland, 120 U.S. 502 (1887). 

Maryland law licensing salesmen, insofar as it was applied to a 

New York resident soliciting orders on behalf of a New York firm, was 

an invalid regulation of interstate commerce. 

106. Barron v. Burnside, 121 U.S. 186 (1887). 

Iowa law, conditioning admission of a foreign corporation to do 

local business on surrender of right to invoke the diversity of citizenship jurisdiction of federal courts, exacted an invalid forfeiture of a 

constitutional right. 

107. Fargo v. Michigan, 121 U.S. 230 (1887). 

Michigan act, insofar as it taxed the gross receipts of companies 

and corporations engaged in interstate commerce, was held to be in 

conflict with the commerce powers of Congress. 

108. Seibert v. Lewis, 122 U.S. 284 (1887). 

Missouri law requiring certain petitions, not exacted when county 

bonds were issued, before taxes could be levied to amortize said 

bonds, impaired the obligation of contracts. 

109. Philadelphia Steamship Co. v. Pennsylvania, 122 U.S. 326 (1887). 

Pennsylvania gross receipts tax on public utilities, insofar as it 

was applied to the gross receipts of a domestic corporation derived 

from transportation of persons and property on the high seas, was in 

conflict with the exclusive federal power to regulate foreign and interstate commerce. 

110. Western Union Tel. Co. v. Pendleton, 122 U.S. 347 (1887). 

Indiana statute concerning the delivery of telegrams, so far as applied to deliveries sent from Indiana to other States, was an invalid 

regulation of commerce. 

111. Bowman v. Chicago & Nw. Ry., 125 U.S. 465 (1888). 

Iowa liquor statute requiring interstate carriers to procure a certificate from the auditor of the county of destination before bringing 

liquor into the State, was violative of the commerce clause. 

Justices concurring: Matthews, Field (separately), Miller, Bradley, 

Blatchford.

Justices dissenting: Harlan, Gray, Waite, C.J.. 

STATE LAWS HELD UNCONSTITUTIONAL 2179

112. California v. Pacific R.R., 127 U.S. 1 (1888). 

A California tax levied on the franchise of interstate railway corporations chartered by Congress pursuant to its commerce power is 

void, Congress not having consented. 

113. Ratterman v. Western Union Tel. Co., 127 U.S. 411 (1888). 

An Ohio law which levied a tax on the receipts of a telegraph 

company was invalid to the extent that part of such receipts levied 

on were derived from interstate commerce. 

114. Asher v. Texas, 128 U.S. 129 (1888). 

A Texas law which imposed a license tax on drummers violates 

the commerce clause as enforced against one who solicited orders for 

the purchase of merchandise from out-of-state sellers. 

115. Stoutenburgh v. Hennick, 129 U.S. 141 (1889). 

Clause of the District act requiring commercial agents selling by 

sample to pay a license tax, held a regulation of interstate commerce 

when applied to agents soliciting purchases on behalf of principals 

outside of the District of Columbia. 

Justices concurring: Fuller, C.J., Field, Bradley, Harlan, Matthews, Gray, 

Blatchford, Lamar. 

Justice dissenting: Miller. 

116. Western Union Tel. Co. v. Alabama, 132 U.S. 472 (1889). 

Alabama tax law, as applied to revenue of telegraph company 

made by sending messages outside the State, was held to be an invalid regulation of commerce. 

117. Medley, Petitioner, 134 U.S. 160 (1890). 

Colorado law, when applied to a person convicted of a murder 

committed prior to the enactment and which increased the penalty to 

be imposed, was void as an ex post facto law. 

Justices concurring: Miller, Field, Harlan, Gray, Blatchford, Lamar, Fuller, 

C.J..

Justices dissenting: Brewer, Bradley. 

118. Chicago, M. & St. P. Ry. v. Minnesota, 134 U.S. 418 (1890). 

State rate regulatory law which empowered a commission to establish rate schedules that were final and not subject to judicial review as to their reasonableness was violative of the due process and 

equal protection clauses of the Fourteenth Amendment. 

Justices concurring: Blatchford, Miller, Field, Harlan, Brewer, Fuller, C.J.. 

Justices dissenting: Bradley, Gray, Lamar. 

119. Leisy v. Hardin, 135 U.S. 100 (1890). 

Iowa prohibition law, enforced as to an interstate shipment of liquor in the original packages or kegs, was violative of the federal 

power to regulate interstate commerce. 

2180 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: Fuller, C.J., Miller, Field, Bradley, Blatchford, Lamar. 

Justices dissenting: Gray, Harlan, Brewer. 

120. Lyng v. Michigan, 135 U.S. 161 (1890). 

Michigan statute taxing sale of imported liquor in original package, held invalid regulation of interstate commerce. 

Justices concurring: Fuller, C.J., Miller, Field, Bradley, Blatchford, Lamar. 

Justices dissenting: Gray, Harlan, Brewer. 

121. McGahey v. Virginia, 135 U.S. 662 (1890). 

Virginia acts which stipulated that if the genuineness of coupons 

tendered in payment of taxes was in issue, the bond from which the 

coupon was cut must be produced, which precluded use of expert testimony to establish the genuineness of the coupons, and which, in 

suits for payment of taxes, imposed on the defendant tendering coupons as payment the burden of establishing the validity of said coupons, were deemed to abridge the remedies available to the bondholders so materially as to impair the obligation of contract. 

122. Norfolk & Western R.R. v. Pennsylvania, 136 U.S. 114 (1890). 

Pennsylvania act, imposing a license tax on foreign corporation 

common carriers doing business in the State, was held to be invalid 

as a tax on interstate commerce. 

Justices concurring: Lamar, Miller, Field, Bradley, Harlan, Blatchford. 

Justices dissenting: Fuller, C.J., Gray, Brewer. 

123. Minnesota v. Barber, 136 U.S. 313 (1890). 

Minnesota statute, which made it illegal to offer for sale any 

meat other than that taken from animals passed by state inspectors, 

held to discriminate against meat producers from other States and to 

place an undue burden upon interstate commerce. 

124. Brimmer v. Rebman, 138 U.S. 78 (1891). 

Virginia statute prohibiting sale of meat killed 100 miles or more 

from place of sale, unless it was first inspected in Virginia, held void 

as interference with interstate commerce and imposing a discriminatory tax. 

125. Pennoyer v. McConnaughy, 140 U.S. 1 (1891). 

Oregon act of 1887 which voided all certificates for the sale of 

public land unless 20% of the purchase price had been paid prior to 

1879 altered the terms of purchase provided under preexisting law 

and therefore impaired the obligations of the contract. 

126. Crutcher v. Kentucky, 141 U.S. 47 (1891). 

Kentucky law, which required license from foreign express corporation agents before doing business in the State, was held invalid 

under the commerce clause. 

STATE LAWS HELD UNCONSTITUTIONAL 2181

Justices concurring: Bradley, Field, Harlan, Blatchford, Lamar, Brewer. 

Justices dissenting: Fuller, C.J., Gray. 

127. Voight v. Wright, 141 U.S. 62 (1891). 

Virginia statute which required state inspection of all but domestic flour held invalid under commerce clause. 

128. Mobile & Ohio R.R. v. Tennessee, 153 U.S. 486 (1894). 

Tennessee statutes which levied taxes on a railroad company enjoying tax exemption under an earlier charter impaired the obligation 

of contract. 

Justices concurring: Jackson, Field, Harlan, Brown, White. 

Justices dissenting: Fuller, C.J., Gray, Brewer, Shiras. 

129. New York, L. E. & W. R.R. v. Pennsylvania, 153 U.S. 628 (1894). 

Pennsylvania act of 1885 which required a New York corporation, 

when paying interest in New York City on its outstanding securities, 

to withhold a Pennsylvania tax levied on resident owners of such securities was violative of due process by reason of its application to 

property beyond the jurisdiction of Pennsylvania. The act also impaired the obligation of contracts by increasing the conditions originally exacted of the railroad in return for permission to construct and 

operate over trackage in Pennsylvania. 

130. Covington & Cincinnati Bridge Co. v. Kentucky, 154 U.S. 204 (1894). 

Kentucky act regulating toll rates on bridge across the Ohio River 

held unconstitutional regulation of interstate commerce. 

Justices concurring: Brown, Harlan, Brewer, Shiras, Jackson. 

Justices dissenting: Fuller, C.J., Field, Gray, White. 

131. Bank of Commerce v. Tennessee, 161 U.S. 134 (1896). 

Tennessee revenue laws which imposed a tax on stock beyond 

that stipulated under the provision of a state charter held to impair 

the obligation of contracts. 

132. Barnitz v. Beverly, 163 U.S. 118 (1896). 

Kansas law granting to mortgagor a right, not existent when the 

mortgage was negotiated, namely, a right to redeem foreclosed property, impaired the obligation of contracts. 

133. Illinois Central R.R. v. Illinois, 163 U.S. 142 (1896). 

Illinois statute that required a railroad to run its New Orleans 

train into Cairo and back to mail line, although there was already 

adequate service to Cairo, was held to be an unconstitutional obstruction of interstate commerce and of passage of United States mails. 

2182 STATE LAWS HELD UNCONSTITUTIONAL 

134. Missouri Pacific Ry. v. Nebraska, 164 U.S. 403 (1896). 

A Nebraska statute that compelled a railroad to permit a third 

party to erect a grain elevator on its right of way deprived of property 

violated due process. 

135. Scott v. Donald, 165 U.S. 58 (1897). 

South Carolina act regulating sale of alcoholic beverages exclusively at state dispensaries, when enforced against a resident importing out-of-state liquor, constituted an invalid discriminatory regulation of interstate commerce. 

Justices concurring: Shiras, Field, Harlan, Gray, White, Peckham, Fuller. 

Justice dissenting: Brown. 

136. Gulf, C. & S. F. Ry. v. Ellis, 165 U.S. 150 (1897). 

Texas law which required railroads to pay court costs and attorneys’ fees to litigants successfully prosecuting claims against them deprived the railroads of due process and equal protection of the law. 

Justices concurring: Brewer, Field, Harlan, Brown, Shiras, Peckham. 

Justices dissenting: Gray, White, Fuller, C.J.. 

137. Allgeyer v. Louisiana, 165 U.S. 578 (1897). 

Louisiana law imposing penalty for soliciting contract of insurance on behalf of insurers which have not complied with Louisiana 

law effected a denial of liberty of contract contrary to due process 

when applied to an insurance contract negotiated in New York with 

a New York company and with premiums and losses to be paid in 

New York. 

138. Smyth v. Ames, 169 U.S. 466 (1898). 

Nebraska statute setting intrastate freight rates held to impose 

rates so low as to be unreasonable and to amount to a deprivation of 

property without due process of law. 

139. Houston & Texas Central Ry. v. Texas, 170 U.S. 243 (1898). 

Texas constitutional provision, as enforced to recover certain sections of land held by a railroad company under a previous legislative 

grant, judged an impairment of obligation of contract. 

140. Thompson v. Utah, 170 U.S. 343 (1898). 

Provision in Utah constitution, providing for the trial of non-capital criminal cases in courts of general jurisdiction by a jury of eight 

persons, held an ex post facto law applied to felonies committed before the territory became a State. 

Justices concurring: Harlan, Gray, Brown, Shiras, White, McKenna, Fuller, 

C.J..

Justices dissenting: Brewer, Peckham. 

STATE LAWS HELD UNCONSTITUTIONAL 2183

141. Schollenberger v. Pennsylvania, 171 U.S. 1 (1898). 

Pennsylvania law which prohibited the manufacture and sale of 

oleomargarine was invalid to the extent that it prohibited interstate 

importation and resale of oleomargarine in original packages. 

Justices concurring: Fuller, C.J., Brewer, Brown, Shiras, White, Peckham, 

McKenna.

Justices dissenting: Gray, Harlan. 

142. Collins v. New Hampshire, 171 U.S. 30 (1898). 

New Hampshire law which prohibited the sale of oleomargarine 

unless it was pink in color, was invalid as an arbitrary means of rendering the product unmarketable and also could not be enforced to 

prevent the interstate transportation and resale of oleomargarine produced in another State and not colored pink. 

Justices concurring: Fuller, C.J., Brewer, Brown, Shiras, White, Peckham, 

McKenna.

Justices dissenting: Harlan, Gray. 

143. Blake v. McClung, 172 U.S. 239 (1898). 

Tennessee acts which granted Tennessee creditors priority over 

non-resident creditors having claims against foreign corporations admitted to do local business infringed the privileges and immunities 

clause of Art. IV, § 2. 

Justices concurring: Harlan, Gray, Brown, Shiras, White, McKenna, 

Peckham.

Justices dissenting: Brewer, Fuller, C.J.. 

144. Norwood v. Baker, 172 U.S. 269 (1898). 

The exaction, as authorized by Ohio law, from the owner of property, via special assessment, of the cost of a public improvement in 

substantial excess of the benefits accruing to him amounted to a taking of property for public use without compensation and was violative 

of due process. 

Justices concurring: Harlan, Brown, White, Peckham, McKenna, Fuller, 

C.J..

Justices dissenting: Brewer, Gray, Shiras. 

145. Dewey v. City of Des Moines, 173 U.S. 193 (1899). 

Iowa statute deprived a nonresident owner of property in Iowa of 

due process by subjecting him to personal liability to pay a special assessment when the State did not acquire personal jurisdiction via 

service of process. 

146. Lake Shore & Mich. So. Ry. v. Smith, 173 U.S. 684 (1899). 

Michigan act which required railroads to sell 1,000-mile tickets at 

a fixed price in favor of the purchaser, his wife, and children, with 

provisions for forfeiture if presented by any other person in payment 

2184 STATE LAWS HELD UNCONSTITUTIONAL 

of fare, and for expiration within two years, subject to redemption of 

unused portion and collection of 3 cents per mile already traveled, effected a taking of property without due process and a denial of equal 

protection.

Justices concurring: Peckham, Harlan, Brewer, Brown, Shiras, White. 

Justices dissenting: Fuller, C.J., Gray, McKenna. 

147. Houston & Texas Central R.R. v. Texas, 177 U.S. 66 (1900). 

Subsequent repeal of a Texas statute which permitted treasury 

warrants to be given to the State for payment of interest on bonds 

issued by a railroad and held by the State, with accompanying endeavor to hold the railroad liable for back interest paid on the warrants, was invalid by reason of impairment of the obligation of contract.

148. Cleveland, C. C. & St. L. Ry. v. Illinois, 177 U.S. 514 (1900). 

Illinois law which required all regular passenger trains to stop at 

county seats for receipt and discharge of passengers imposed an invalid burden on interstate commerce when applied to an express train 

serving only through passengers between New York and St. Louis. 

149. Stearns v. Minnesota, 179 U.S. 223 (1900). 

Minnesota statute repealing all former tax exemption laws and 

providing for the taxation of lands granted to railroads held to impair 

the obligation of contracts. 

Accord: Duluth & I. R.R. v. St. Louis County, 179 U.S. 302 

(1900).

150. Cotting v. Kansas City Stock Yards Co., 183 U.S. 79 (1901). 

Kansas statute, regulating public stock yards, violates the equal 

protection clause of the Fourteenth Amendment in that it applied 

only to one stockyard company in the State. 

151. Louisville & Nashville R.R. v. Eubank, 184 U.S. 27 (1902). 

Section of Kentucky constitution on long and short haul railroad 

rates held invalid where interstate shipments were involved. 

Justices concurring: Peckham, Harlan, Brown, Shiras, White, McKenna, 

Fuller, C.J.. 

Justices dissenting: Brewer, Gray. 

152. Connolly v. Union Sewer Pipe Co., 184 U.S. 540 (1902). 

Act of Illinois, which regulated monopolies but exempted agricultural products and livestock in the hands of the producer from the operation of the law, held to deny the equal protection of the laws. 

Justices concurring: Harlan, Brewer, Brown, Shiras, White, Peckham, Fuller, 

C.J..

Justice dissenting: McKenna. 

STATE LAWS HELD UNCONSTITUTIONAL 2185

153. Stockard v. Morgan, 185 U.S. 27 (1902). 

Tennessee license tax on agent soliciting and selling by sample 

for company in another State held invalid regulation of commerce. 

154. Louisville & J. Ferry Co. v. Kentucky, 188 U.S. 385 (1903). 

An Indiana franchise granted to a Kentucky corporation for operating a ferry from the Indiana to the Kentucky shore had its tax situs 

in Indiana; and, accordingly, Kentucky lacked jurisdiction with the result that its law which authorized a levy thereon effected a deprivation of property without due process of law. 

Justices concurring: Harlan, Brewer, Brown, White, Peckham, McKenna, 

Holmes.

Justices dissenting: Shiras, Fuller, C.J.. 

155. The Roanoke, 189 U.S. 185 (1903). 

Washington law which accorded contractor or subcontractor a lien 

on a foreign vessel for work done and which made no provision for 

protection of owner in event contractor was fully paid before notice of 

subcontractor’s lien was received deprived the owner of normal defenses and constituted an invalid interference with admiralty jurisdiction exclusively vested in federal courts by Art. III. 

156. The Robert W. Parsons, 191 U.S. 17 (1903). 

New York statutes giving a lien for repairs upon vessels and providing for the enforcement of such liens by proceedings in rem, held 

void as in conflict with the exclusive admiralty and maritime jurisdiction of the federal courts. 

Justices concurring: Brown, White, McKenna, Holmes, Day. 

Justices dissenting: Brewer, Peckham, Harlan, Fuller, C.J.. 

157. Allen v. Pullman Company, 191 U.S. 171 (1903). 

Tennessee tax of $500 per year per pullman car, when applied to 

cars moving in interstate as well as intrastate commerce, imposed an 

invalid burden on interstate commerce. 

158. Bradley v. Lightcap, 195 U.S. 1 (1904). 

Illinois law, passed after a mortgage was executed, which provided that if a mortgagee did not obtain a deed within five years after 

the period of redemption had lapsed, he lost the estate (whereas 

under the law existing when the mortgage was executed, failure by 

the mortgagee to take out a deed had no effect on the title of the 

mortgagee against the mortgagor) was held void as impairing the obligation of contract and depriving the mortgagee of property rights 

without due process. 

2186 STATE LAWS HELD UNCONSTITUTIONAL 

159. Central of Georgia Ry. v. Murphey, 196 U.S. 194 (1905). 

Sections of Georgia code, imposing the duty on common carriers 

of reporting on the shipment of freight to the shipper, held void when 

applied to interstate shipments. 

160. Lochner v. New York, 198 U.S. 45 (1905). 

New York law establishing 10-hour day in bakeries was violative 

of due process by reason of interfering with the employees’ freedom 

to contract in relation to their labor. 

Justices concurring: Peckham, Brewer, Brown, McKenna, Fuller. 

Justices dissenting: Harlan, White, Day, Holmes (separately). 

161. Union Transit Co. v. Kentucky, 199 U.S. 194 (1905). 

Inasmuch as tangible personal property acquires a tax situs in 

the State where it is permanently located, attempt by Kentucky, in 

which the owner was domiciled, to tax railway cars located in Indiana, was void and amounted to a deprivation of property without due 

process.

Justices concurring: Brown, Harlan, Brewer, Peckham, McKenna, Day. 

Justices dissenting: Holmes, White, Fuller, C.J.. 

162. Houston & Texas Central R.R. v. Mayes, 201 U.S. 321 (1906). 

Texas statute exacting of an interstate railroad an absolute requirement that it furnish a certain number of cars on a given day to 

transport merchandise to another State imposed an invalid, unreasonable burden on interstate commerce. 

Justices concurring: Brewer, Brown, Peckham, Holmes, Day. 

Justices dissenting: Harlan, McKenna, Fuller, C.J.. 

163. Powers v. Detroit & Grand Haven Ry., 201 U.S. 543 (1906). 

When a railroad is reorganized under a special act but no new 

corporation is chartered, tax concession granted by such act amounted 

to a contract which could not be impaired by subsequent Michigan enactment which purported to alter the rate of the tax. 

Justices concurring: Brewer, Harlan, Brown, Peckham, McKenna, Holmes, 

Day, Fuller, C.J.. 

Justice dissenting: White. 

164. Mayor of Vicksburg v. Vicksburg Waterworks Co., 202 U.S. 453 (1906). 

A water company owning an exclusive franchise to supply a city 

with water was entitled to an injunction restraining impairment of 

such contract by attempted erection by city of its own water system 

pursuant to Mississippi statutory authorization. 

Justices concurring: Day, Brewer, Brown, White, Peckham, McKenna, 

Holmes, Fuller, C.J.. 

Justice dissenting: Harlan. 

STATE LAWS HELD UNCONSTITUTIONAL 2187

165. American Smelting Co. v. Colorado, 204 U.S. 103 (1907). 

A Colorado statute stipulating that foreign corporations, as a condition for admission to do business, pay a fee based on their capital 

stock whereupon they would be subjected to all the liabilities and restrictions imposed upon domestic corporations amounted to a contract, the obligation of which was invalidly impaired by a later statute 

which imposed higher annual license fees on foreign corporations admitted under the preceding terms than were levied on domestic corporations, whose corporate existence had not expired. 

Justices concurring: Peckham, Brewer, White, McKenna, Day. 

Justices dissenting: Harlan, Holmes, Moody, Fuller, C.J.. 

166. Adams Express Co. v. Kentucky, 206 U.S. 129 (1907). 

Kentucky law proscribing C.O.D. shipments of liquor, providing 

that the place where the money is paid or the goods delivered shall 

be deemed to be the place of sale, and making the carrier jointly liable with the vendor was, as applied to interstate shipments, an invalid regulation of interstate commerce. 

Justices concurring: Brewer, Holmes, Peckham, Moody, White, Day, McKenna, Fuller, C.J.. 

Justice dissenting: Harlan. 

Accord: American Express Co. v. Kentucky, 206 U.S. 139 (1907). 

167. Central of Georgia Ry. v. Wright, 207 U.S. 127 (1907). 

Georgia statutory assessment procedure which afforded taxpayer 

no opportunity to be heard as to valuation of property not returned 

by him under honest belief that it was not taxable and which permitted him to challenge the assessment only for fraud and corruption 

was violative of the due process requirements of the Fourteenth 

Amendment.

168. Darnell & Son v. City of Memphis, 208 U.S. 113 (1908). 

Tennessee tax law which exempted domestic crops and manufactured products while extending the levy to like products of out-ofstate origin imposed an invalid burden on interstate commerce. 

169. Ex parte Young, 209 U.S. 123 (1908). 

Minnesota railroad rate statute which imposed such excessive 

penalties that parties affected were deterred from testing its validity 

in the courts denied a railroad the equal protection of the laws. 

170. Galveston, H. & S.A. Ry. v. Texas, 210 U.S. 217 (1908). 

Texas gross receipts tax insofar as it was levied on railroad receipts which included income derived from interstate commerce was 

invalid by reason of imposing a burden on interstate commerce. 

Justices concurring: Holmes, Brewer, Peckham, Day, Moody. 

Justices dissenting: Harlan, White, McKenna, Fuller, C.J.. 

2188 STATE LAWS HELD UNCONSTITUTIONAL 

171. Willcox v. Consolidated Gas Co., 212 U.S. 19 (1909). 

New York law which required a public utility to perform its service in such a manner that its entire plant would have to be rebuilt 

at a cost on which no return could be obtained under the rates fixed 

unconstitutionally deprived the utility of its property without due 

process.

172. Louisville & Nashville R.R. v. Stock Yards Co., 212 U.S. 132 (1909). 

Kentucky constitutional provision which required a carrier to deliver its cars to connecting carriers without providing adequate protection for their return or compensation for their use effected an invalid taking of property without due process of law. 

Justices concurring: Holmes, Brewer, White, Peckham, Day, Fuller, C.J.. 

Justices dissenting: McKenna, Harlan, Moody. 

173. Nielson v. Oregon, 212 U.S. 315 (1909). 

For want of jurisdiction, Oregon could not validly prosecute as a 

violator of its law prohibiting the use of purse nets one who, pursuant 

to a license from Washington, used such a net on the Washington side 

of the Columbia River. 

174. Adams Express Co. v. Kentucky, 214 U.S. 218 (1909). 

Kentucky law proscribing the sale of liquor to an inebriate, as applied to a carrier delivering liquor to such person from another State, 

was void by reason of conflict with the commerce clause. 

Justices concurring: Brewer, Holmes, Peckham, Moody, White, Day, McKenna, Fuller, C.J.. 

Justice dissenting: Harlan. 

175. Louisiana ex rel. Hubert v. Mayor of New Orleans, 215 U.S. 170 (1909). 

Louisiana act of 1870 providing for registration and collection of 

judgments against New Orleans, so far as it delayed payment, or collection of taxes for payment, of contract claims existing before its passage, effected an invalid impairment of the obligation of such contracts.

176. North Dakota ex rel. Flaherty v. Hanson, 215 U.S. 515 (1910). 

North Dakota statute which required the recipient of a federal retail liquor license, solely because of payment therefor and without reference to the doing of any act within North Dakota, to publish official 

notices of the terms of such license and of the place where it is posted, to display on his premises an affidavit confirming such publication, and to file an authenticated copy of such federal license together 

with a $10 fee, was void for imposing a burden on the federal taxing 

power.

Justices concurring: White, Harlan, Brewer, Day. 

Justices dissenting: Fuller, C.J., McKenna, Holmes. 

STATE LAWS HELD UNCONSTITUTIONAL 2189

177. Western Union Tel. Co. v. Kansas, 216 U.S. 1 (1910). 

Kansas statute imposing a charter fee, computed as a percentage 

of authorized capital stock, on corporations for the privilege of doing 

business in Kansas could not validly be collected from a foreign corporation engaged in interstate commerce, and also was violative of 

due process insofar as it was imposed on property, part of which was 

located beyond the limits of that State. 

Justices concurring: Harlan, Brewer, White (separately), Day, Moody. 

Justices dissenting: Holmes, McKenna, Peckham, Fuller, C.J.. 

178. Ludwig v. Western Union Tel. Co., 216 U.S. 146 (1910). 

Arkansas law which required a foreign corporation engaged in 

interstate commerce to pay, as a license fee for doing an intrastate 

business, a given amount of its entire capital stock, whether employed 

in Arkansas or elsewhere, was void by reason of imposing a burden 

on interstate commerce and embracing property outside the jurisdiction of the State. 

Justices concurring: Harlan, Moody, Lurton, White, Day, Brewer. 

Justices dissenting: Fuller, C.J., McKenna, Holmes. 

179. Southern Ry. v. Greene, 216 U.S. 400 (1910). 

Alabama law which imposed on foreign corporations already admitted to do business an additional franchise or privilege tax not levied on domestic corporations exposed the foreign corporations to denial of equal protection of the laws. 

Justices concurring: Day, Harlan, Brewer, White. 

Justices dissenting: Fuller, C.J., McKenna, Holmes. 

180. International Textbook Co. v. Pigg, 217 U.S. 91 (1910). 

Kansas, which by law exacted of foreign corporations engaged in 

interstate commerce the following conditions for admission and retention of the right to do business in that State, namely, procurement 

of a license, submission of an annual financial statement, and which 

prohibited them from filing actions in Kansas courts unless such conditions were met, imposed an unconstitutional burden on interstate 

commerce.

Justices concurring: Harlan, White, Holmes, Day, Lurton. 

Justices dissenting: Fuller, C.J., McKenna. 

181. St. Louis S.W. Ry. v. Arkansas, 217 U.S. 136 (1910). 

Arkansas law, and commission order issued under the authority 

thereof, which required an interstate carrier, upon application of a 

local shipper, to deliver promptly the number of freight cars requested 

for loading purposes and which, without regard to the effect of such 

demand on its interstate traffic, exposed it to severe penalties for noncompliance, imposed an invalid, unreasonable burden on interstate 

2190 STATE LAWS HELD UNCONSTITUTIONAL 

commerce. The rules of the American Railway Association as to availability of a member carrier’s cars for interstate shipments being a 

matter of federal regulation, it was beyond the power of a state court 

to pass on their sufficiency. 

Justices concurring: White, Harlan, McKenna, Holmes, Day, Lurton. 

Justices dissenting: Fuller, C.J.. 

182. Missouri Pacific Ry. v. Nebraska, 217 U.S. 196 (1910). 

Nebraska law compelling railroad, at its own expense, and upon 

request of grain elevator operators, to install switches connecting 

such elevators with its right of way deprived the carrier of property 

without due process of law. 

Justices concurring: Holmes, White, Day, Lurton, Fuller, C.J.. 

Justices dissenting: Harlan, McKenna. 

183. Dozier v. Alabama, 218 U.S. 124 (1910). 

Alabama law which imposed license tax on agents not having a 

permanent place of business in that State and soliciting orders for the 

purchase and delivery of pictures and frames manufactured in, and 

delivered from, another State, with the title remaining in the vendor 

until the agent collected the purchase price, imposed an invalid burden on interstate commercial transactions. 

184. Herndon v. Chicago, R.I. & P. Ry., 218 U.S. 135 (1910). 

When a railroad already has provided adequate accommodations 

at any point, a Missouri regulation which required interstate trains 

to stop at such point imposed an invalid, unreasonable burden on 

interstate commerce. Also, a Missouri law which forfeited the right of 

an admitted foreign carrier to do a local business upon its instituting 

a right of action in a federal court extracted an unconstitutional condition.

185. Bailey v. Alabama, 219 U.S. 219 (1911). 

Alabama law which made a refusal to perform labor contracted 

for, without return of money or property advanced under the contract, 

prima facie evidence of fraud and which was enforced under local 

rules of evidence which precluded one accused thereof from testifying 

as to uncommunicated motives was an invalid peonage law proscribed 

by the Thirteenth Amendment. 

Justices concurring: Hughes, Lamar, Harlan, Day, Van Devanter, McKenna, 

White, C.J.. 

Justices dissenting: Holmes, Lurton. 

186. Oklahoma v. Kansas Nat. Gas. Co., 221 U.S. 229 (1911). 

Oklahoma law which withheld from foreign corporations engaged 

in interstate commerce a privilege afforded domestic corporations engaged in local commerce, namely, of building pipe lines across its 

STATE LAWS HELD UNCONSTITUTIONAL 2191

highways and transporting to points outside its boundaries natural 

gas extracted and reduced to possession therein, was invalid as a restraint on interstate commerce and as a deprivation of property without due process of law. 

Justices concurring: McKenna, Harlan, Day, Van Devanter, Lamar, White, 

C.J..

Justices dissenting: Holmes, Lurton, Hughes. 

187. Berryman v. Whitman College, 222 U.S. 334 (1912). 

A Washington statute of 1905, as interpreted to authorize taxation of Whitman College, impaired the obligation of contract by nullifying the College’s exemption from taxation conferred by its charter. 

188. Louisville & Nashville R.R. v. Cook Brewing Co., 223 U.S. 70 (1912). 

Kentucky statute prohibiting common carriers from transporting 

intoxicating liquors to ‘‘dry’’ points in Kentucky was constitutionally 

inapplicable to interstate shipments of such liquor to consignees in 

Kentucky.

189. Atchison T. & S. F. Ry. v. O’Connor, 223 U.S. 280 (1912). 

Colorado law levying tax of 2 cents on each $1,000 of a corporation’s capital stock could not constitutionally be collected from a Kansas corporation engaged in interstate commerce, the greater part of 

whose property and business were located and conducted outside Colorado.

190. Oklahoma v. Wells, Fargo & Co., 223 U.S. 298 (1912). 

Oklahoma law which purported to be an ad valorem tax on the 

property of corporations, levied in the form of a three per cent gross 

receipts tax, and computed, in the case of express companies doing an 

interstate business, as a percentage of gross receipts from all sources, 

interstate as well as intrastate, which is equal to the proportion 

which its business in Oklahoma bears to its total business was void 

as applied to such express companies. The tax burdened interstate 

commerce and was levied, contrary to due process, on property in the 

form of income from investments and bonds located outside the State. 

191. Haskell v. Kansas Natural Gas Co., 224 U.S. 217 (1912). 

Oklahoma conservation law, insofar as it withheld from foreign 

corporations the right to lay pipe lines across highways for purposes 

of transporting natural gas in interstate commerce, imposed an invalid burden on interstate commerce. 

192. St. Louis, I. M. & S. Ry. v. Wynne, 224 U.S. 354 (1912). 

Arkansas law compelling railroads to pay claimants within 30 

days after notice of injury to livestock caused by their trains, and, 

upon default thereof, authorizing claimants to recover double the 

damages awarded by a jury plus an attorney’s fee, notwithstanding 

2192 STATE LAWS HELD UNCONSTITUTIONAL 

that the amount sued for was less than the amount originally 

claimed, in effect penalized the railroads for their refusal to pay excessive claims, and accordingly effected an arbitrary deprivation of 

property without due process of law. 

193. Bucks Stove Co. v. Vickers, 226 U.S. 205 (1912). 

Kansas law which exacted certain requirements, such as obtaining permission of the State Charter Board, paying filing and license 

fees, and submitting annual statements listing all stockholders, as a 

condition prerequisite to doing business in Kansas and suing in its 

courts could not constitutionally be applied to foreign corporations engaged in interstate commerce. A State cannot exact a franchise for 

the privilege of engaging in such commerce. 

194. Crenshaw v. Arkansas, 227 U.S. 389 (1913). 

Arkansas statute, exacting license and fee from peddlers of lightning rods and other articles, as applied to representatives of a Missouri corporation soliciting orders for the sale and subsequent delivery of stoves by said corporation, imposed an invalid burden on interstate commerce. 

Accord: Rogers v. Arkansas, 227 U.S. 401 (1913). 

195. Accord: Stewart v. Michigan, 232 U.S. 665 (1914), voiding application 

of a similar Michigan law. 

196. Ettor v. City of Tacoma, 228 U.S. 148 (1913). 

Washington statute of 1907 repealing a prior act of 1893 with the 

result that rights to consequential damages for a change of street 

grade that had already accrued under the earlier act were destroyed 

amounted to an invalid deprivation of property without due process 

of law. 

197. Missouri Pacific Ry. v. Tucker, 230 U.S. 340 (1913). 

Kansas statute which did not permit a carrier to have the sufficiency of rates established thereunder determined by judicial review 

and which exposed the carrier, when sued for charging rates in excess 

thereof, to a liability for liquidated damages in the sum of $500, 

which was unrelated to actual damages, effected an unconstitutional 

deprivation of property without due process of law. 

198. Chicago, M. & St. P. Ry. v. Polt, 232 U.S. 165 (1914). 

South Dakota law which made railroads liable for double damages in case of failure to pay a claim, within 60 days after notice, or 

to offer to pay a sum equal to what a jury found the claimant entitled 

to was arbitrary and deprived the carriers of property without due 

process of law. 

Accord: Chicago, M. & St. P. Ry. v. Kennedy, 232 U.S. 626 (1914). 

STATE LAWS HELD UNCONSTITUTIONAL 2193

199. Harrison v. St. Louis, S. F. & T. R.R., 232 U.S. 318 (1914). 

Oklahoma law which prohibited foreign corporations, upon penalty of forfeiting their license to do business in that State, from invoking the diversity of citizenship jurisdiction of federal courts and instituting actions therein exacted an unconstitutional condition. 

200. Foote v. Maryland, 232 U.S. 495 (1914). 

Maryland Oyster Inspection tax of 1910, levied on oysters coming 

from other States, the proceeds from which were used partly for inspection and partly for other purposes, such as the policing of state 

waters, was void as imposing a burden on interstate commerce in excess of the expenses absolutely necessary for inspection. 

201. Farmers Bank v. Minnesota, 232 U.S. 516 (1914). 

Minnesota tax on bonds issued by a municipality of the Territory 

of Oklahoma and held by Minnesota corporations was void as a tax 

on a federal instrumentality (Art. VI). 

202. Russell v. Sebastian, 233 U.S. 195 (1914). 

Amendment in 1911 of California constitution of 1879, and municipal ordinances of Los Angeles adopted in pursuance of the amendment were ineffectual by reason of the prohibition against impairment of contracts contained in Art. I, § 10, of the Federal Constitution, to deprive a utility of rights acquired before said amendment, 

which embraced the privilege of laying gas pipes under the streets of 

Los Angeles. 

203. Singer Sewing Machine Co. v. Brickell, 233 U.S. 304 (1914). 

Alabama sewing machine license tax could not be collected from 

those agencies of a foreign corporation engaged wholly in an interstate business, that is, in soliciting orders for machines to be accepted 

and fulfilled at the Georgia office of the seller. 

204. Tennessee Coal Co. v. George, 233 U.S. 354 (1914). 

Since venue is not part of a transitory cause of action, Alabama 

law which created such cause of action by making the employer liable 

to the employee for injuries attributable to defective machinery was 

inoperative insofar as it sought to withhold from such employee the 

right to sue on such action in courts of any State other than Alabama; 

the full faith and credit clause of Art. IV does not preclude a court 

in another State which acquired jurisdiction from enforcing such right 

of action. 

205. Carondelet Canal Co. v. Louisiana, 233 U.S. 362 (1914). 

Louisiana act of 1906 repealing prior act of 1858 and sequestering with compensation certain property acquired by a canal company under the repealed enactment impaired an obligation of contact. 

2194 STATE LAWS HELD UNCONSTITUTIONAL 

206. Smith v. Texas, 233 U.S. 630 (1914). 

Texas act of 1914 stipulating that only those who have previously 

served two years as freight train conductors or brakemen shall be eligible to serve as railroad train conductors was arbitrary and effected 

a denial of the equal protection of the laws. 

207. International Harvester Co. v. Kentucky, 234 U.S. 216 (1914). 

Kentucky criminal and antitrust provisions, both constitutional 

and statutory, were void for vagueness and hence violative of due 

process because a prohibition of combinations which establish prices 

that are greater or lower than the ‘‘real market value’’ of an article 

as established by ‘‘fair competition’’ and ‘‘under normal market conditions’’ afforded no standard that was possible to know in advance and 

to obey. 

Justices concurring: Holmes, Hughes, Lamar, Day, Lurton, Van Devanter, 

White, C.J.. 

Justices dissenting: McKenna, Pitney. 

Accord: International Harvester Co. v. Kentucky, 234 U.S. 579 

(1914); Collins v. Kentucky, 234 U.S. 634 (1914); American Machine 

Co. v. Kentucky, 236 U.S. 660 (1915). 

208. Missouri Pacific Ry. v. Larabee, 234 U.S. 459 (1914). 

Kansas statute empowering a Kansas court to award against a 

litigant attorney’s fees attributable to the presentation before the 

United States Supreme Court of an appeal in a mandamus proceeding 

was inoperative consistently with the principle of national supremacy, 

for a state court cannot be empowered by state law to assess fees for 

services rendered in a federal court when such assessment is sanctioned neither by federal law nor by the rules of the Supreme Court. 

209. Western Union Tel. Co. v. Brown, 234 U.S. 542 (1914). 

South Carolina law making mental anguish resulting from negligent non-delivery of a telegram a cause of action could not be invoked to support an action for negligent non-delivery in the District 

of Columbia, an area beyond the jurisdiction of South Carolina and, 

consistent with due process, removed from the scope of its legislative 

power. The statute, as applied to messages sent from South Carolina 

to another jurisdiction, also was an invalid regulation of interstate 

commerce.

210. United States v. Reynolds, 235 U.S. 133 (1914). 

Alabama law which permitted person convicted of an offense to 

contract with another whereby, in consideration of the latter becoming surety for the convicted person’s fine, the convicted person agreed 

to perform certain services, and which further stipulated that if such 

contract was breached, the convicted person would become subject to 

a fine equal to the damages sustained by the other contracting party 

STATE LAWS HELD UNCONSTITUTIONAL 2195

and payment of which would be remitted to said contracting party imposed a form of peonage proscribed by the Thirteenth Amendment. 

Justices concurring: Holmes (separately). 

211. McCabe v. Atchison, T. & S. F. Ry., 235 U.S. 151 (1914). 

Oklahoma Separate Coach Law violated the equal protection 

clause of the Fourteenth Amendment by permitting carriers to provide sleeping, dining, and chair cars for whites but not for Negroes. 

Justices concurring: White, C.J. (separately), Holmes (separately), Lamar (separately), McReynolds (separately). 

212. Sioux Remedy Co. v. Cope, 235 U.S. 197 (1914). 

South Dakota law which required a foreign corporation to appoint 

a local agent to accept service of process as a condition precedent to 

suing in state courts to collect a claim arising out of interstate commerce imposed an invalid burden on said commerce. 

213. Choctaw & Gulf R.R. v. Harrison, 235 U.S. 292 (1914). 

Oklahoma privilege tax, insofar as it was levied on sale of coal 

extracted from lands owned by Indian tribes and leased on their behalf by the Federal Government was invalid as a tax on federal instrumentality.

214. Coppage v. Kansas, 236 U.S. 1 (1915). 

Kansas law proscribing ‘‘yellow dog’’ contracts whereby the employer exacted of employees an agreement not to join or remain a 

member of a union as a condition of acquiring and retaining employment deprived employees of liberty of contract contrary to due process.

Justices concurring: Pitney, McKenna, Van Devanter, Lamar, McReynolds, 

White, C.J.. 

Justices dissenting: Day, Hughes, Holmes (separately). 

215. Heyman v. Hays, 236 U.S. 178 (1915). 

Tennessee county privilege tax law, insofar as it was enforced as 

to a liquor dealer doing a strictly mail-order business confined to 

shipments to out-of-state destinations was void as a burden on interstate commerce. 

Accord: Southern Operating Co. v. Hayes, 236 U.S. 188 (1915). 

216. Northern Pacific Ry. v. North Dakota ex rel. McCue, 236 U.S. 585 

(1915).

North Dakota law compelling carriers to haul certain commodities at less than compensatory rates deprived them of property without due process. 

Justices concurring: Hughes, McKenna, Holmes, Day, Van Devanter, 

Lamar, McReynolds, White, C.J.. 

2196 STATE LAWS HELD UNCONSTITUTIONAL 

Justice dissenting: Pitney. 

217. Norfolk & Western Ry. v. Conley, 236 U.S. 605 (1915). 

West Virginia law which compelled carriers to haul passengers at 

noncompensatory rates deprived them of property without due process.

Justices concurring: Hughes, McKenna, Holmes, Day, Van Devanter, 

Lamar, McReynolds, White, C.J.. 

Justice dissenting: Pitney. 

218. Wright v. Central of Georgia Ry., 236 U.S. 674 (1915). 

Since the lessee of two railroads, built under special charters containing irrepealable contracts exempting the railway property from 

taxation in excess of a given rate was to be viewed as in the same 

position as the owners, Georgia’s levy of an ad valorem tax on the lessee in excess of the charter rate impaired the obligation of contract 

(Art. I, § 10). 

Justices concurring: Holmes, McKenna, Day, Van Devanter, White, C.J.. 

Justices dissenting: Hughes, Pitney, McReynolds. 

Accord: Wright v. Louisville & Nashville R.R., 236 U.S. 687 

(1915).

Justices concurring: Holmes, McKenna, Day, Van Devanter, White, C.J.. 

Justices dissenting: Hughes, Pitney, McReynolds. 

219. Davis v. Virginia, 236 U.S. 697 (1915). 

Solicitation by a peddler in Virginia of orders for portraits made 

in another State, with an option to the purchaser to select frames 

upon delivery of the portrait by the peddler, amounted to a single 

transaction in interstate commerce, and Virginia therefore could not 

validly impose a peddler’s license tax on the solicitor of such orders. 

220. Chicago, B. & Q. Ry. v. Wisconsin R.R. Comm’n, 237 U.S. 220 (1915). 

Wisconsin statute requiring interstate trains to stop at villages of 

a specified number of inhabitants, without regard to the volume of 

business done there, was void as imposing an unreasonable burden on 

interstate commerce. 

221. Coe v. Armour Fertilizer Works, 237 U.S. 413 (1915). 

Florida statute denied due process insofar as it provided, after 

execution against a corporation had been returned ‘‘no property,’’ a 

second execution to issue against a stockholder for the same debt to 

be enforced against his property to the extent of any unpaid subscription owing on his stock and without notice to such stockholder. 

222. Charleston & W. C. Ry. v. Varnville Co., 237 U.S. 597 (1915). 

South Carolina law which imposed a penalty on carriers for their 

failure to adjust claims within 40 days imposed an invalid burden on 

STATE LAWS HELD UNCONSTITUTIONAL 2197

interstate commerce and also was in conflict with the federal 

Carmack Amendment. 

223. Atchison, T. & S. F. Ry. v. Vosburg, 238 U.S. 56 (1915). 

Kansas Reciprocal Demurrage Law of 1905 which allowed recovery of an attorney’s fee by the shipper in case of delinquency by the 

carrier but which accorded the carrier no like privilege in case of delinquency on the part of the shipper denied the carrier equal protection of the law. 

224. Guinn v. United States, 238 U.S. 347 (1915). 

Oklahoma grandfather clause, in its 1910 constitution, exempting 

from a literacy requirement and automatically enfranchising all entitled to vote as of January 1, 1866, or who were descendants of those 

entitled to vote on the latter date, was violative of the Fifteenth 

Amendment protecting Negroes from discriminatory denial of the 

right to vote based on race. 

225. Accord: Mayers v. Anderson, 238 U.S. 368 (1915), voiding a similar 

Maryland grandfather clause. 

226. Southwestern Tel. Co. v. Danaher, 238 U.S. 482 (1915). 

Arkansas statute was held to be unreasonable and violative of 

due process for the reason that, as enforced, it subjected a telephone 

company to a $6300 penalty for discriminatory refusal to serve when, 

pursuant to company regulations known to the State and uniformly 

enforced for economical collection of its approved rates, it suspended 

services to a delinquent and refused to resume services, while the delinquency remained unpaid, at the reduced rate afforded to those who 

paid the monthly service charge in advance. 

227. Chicago, M. & St. P. Ry. v. Wisconsin, 238 U.S. 491 (1915). 

Wisconsin statute which compelled sleeping car companies, if 

upper berth was not sold, to accord use of the space thereof to purchaser of a lower berth took salable property from the owner without 

compensation and therefore effected a deprivation of property without 

due process of law. 

Justices concurring: Lamar, Day, Hughes, Van Devanter, Pitney, 

McReynolds, White, C.J.. 

Justices dissenting: McKenna, Holmes. 

228. Truax v. Raich, 239 U.S. 33 (1915). 

Arizona statute which compelled establishments hiring five or 

more workers to reserve 80 per cent of the employment opportunities 

to U.S. citizens denied aliens the equal protection of the laws. 

Justices concurring: Hughes, Holmes, Pitney, Lamar, Day, Van Devanter, 

McKenna, White, C.J.. 

2198 STATE LAWS HELD UNCONSTITUTIONAL 

Justice dissenting: McReynolds. 

229. Provident Savings Ass’n v. Kentucky, 239 U.S. 103 (1915). 

Kentucky statute levying tax, in the nature of a license tax for 

the doing of local business, on premiums collected in New York by a 

foreign insurance company after it had ceased to do business in that 

State was violative of due process by reason of affecting activities beyond the jurisdiction of the State. 

230. Indian Oil Co. v. Oklahoma, 240 U.S. 522 (1916). 

Oklahoma tax on lessee’s interest in Indian lands, acquired pursuant to federal statutory authorization, was void as a tax on a federal instrumentality. 

231. Rosenberger v. Pacific Express Co., 241 U.S. 48 (1916). 

Texas statute imposing special licenses on express companies 

maintaining offices for C.O.D. delivery of interstate shipments of alcoholic beverages imposed an invalid burden on interstate commerce 

under the terms of the Wilson Act of 1890 (26 Stat. 313). 

232. McFarland v. American Sugar Co., 241 U.S. 79 (1916). 

Louisiana law which established a rebuttable presumption that 

any person systematically purchasing sugar in Louisiana at a price 

below that which he paid in any other State was a party to a monopoly or conspiracy in restraint of trade was violative of both the due 

process and equal protection clauses of the Fourteenth Amendment in 

that it declared an individual presumptively guilty of a crime and exempted countless others paying the same price. 

233. Wisconsin v. Philadelphia & Reading Coal Co., 241 U.S. 329 (1916). 

Wisconsin law which revoked the license of any foreign corporation which removed to a federal court a suit instituted against it by 

a Wisconsin citizen imposed an unconstitutional condition. 

234. Detroit United Ry. v. Michigan, 242 U.S. 238 (1916). 

Construction of acts of 1905 and 1907 as compelling a Detroit 

City Railway to extend its lines to suburban areas annexed by Detroit 

only on the same terms as were contained in its initial franchise as 

authorized by the Detroit ordinance of 1889, wherein its fare was 

fixed, operated to impair the obligation of contract. 

Justices concurring: Pitney, Holmes, Day, Van Devanter, McReynolds, White, 

C.J..

Justices dissenting: Clarke, Brandeis. 

235. Rowland v. Boyle, 244 U.S. 106 (1917). 

The two-cent passenger rate fixed by act of the Arkansas legislature was confiscatory and accordingly deprived the railroad of its 

property without due process. 

STATE LAWS HELD UNCONSTITUTIONAL 2199

236. Seaboard Air Line Ry. v. Blackwell, 244 U.S. 310 (1917). 

Georgia ‘‘Blow-Post’’ law imposed an unconstitutional burden on 

interstate commerce insofar as compliance with it would have required an interstate train to come practically to a stop at each of 124 

ordinary grade crossings within a distance of 123 miles in Georgia 

and would have added more than six hours to the running time of the 

train.

Justices concurring: McKenna, Holmes, McReynolds, Day, Clarke, Van 

Devanter.

Justices dissenting: White, C.J., Pitney, Brandeis. 

237. Western Oil Ref. Co. v. Lipscomb, 244 U.S. 346 (1917). 

Tennessee privilege tax could not validly be imposed on interstate 

sales consummated at either destination in Tennessee by an Indiana 

corporation which, for the purpose of filling orders taken by its salesmen in Tennessee, shipped thereto a tank car of oil and a carload of 

barrels and filled the orders through an agent who drew the oil from 

the tank car into the barrels, or into barrels furnished by customers, 

and then made delivery and collected the agreed price, and thereafter 

moved the two cars to another point in Tennessee for effecting like 

deliveries.

Justices concurring: Van Devanter, Holmes, Brandeis, Pitney, McReynolds, 

Day, Clarke, McKenna. 

Justice dissenting: White, C.J.. 

238. Adams v. Tanner, 244 U.S. 590 (1917). 

Washington law which proscribed private employment agencies 

by prohibiting them from collecting fees for their services deprived individuals of the liberty to pursue a lawful calling contrary to due 

process of law. 

Justices concurring: McReynolds, Pitney, Van Devanter, White, C.J.. 

Justices dissenting: McKenna, Brandeis, Holmes, Clarke. 

239. Hendrickson v. Apperson, 245 U.S. 105 (1917). 

Kentucky act of 1906, amending act of 1894 and construed in 

such manner as to enable a county to avoid collection of taxes to 

repay judgment on unpaid bonds impaired the obligation of contract. 

Accord: Hendrickson v. Creager, 245 U.S. 115 (1917). 

240. Looney v. Crane Co., 245 U.S. 178 (1917). 

Texas law, which, under the guise of taxing the privilege of doing 

an intrastate business, imposed on an Illinois corporation a license 

tax based on its authorized capital stock, was void not only as imposing a burden on interstate commerce, but also as contravening the 

due process clause by affecting property outside the jurisdiction of 

Texas.

2200 STATE LAWS HELD UNCONSTITUTIONAL 

241. Crew Levick Co. v. Pennsylvania, 245 U.S. 292 (1917). 

Pennsylvania gross receipts tax on wholesalers, as applied to a 

merchant who sold part of his merchandise to customers in foreign 

countries either as the result of orders received directly from them or 

as the result of orders solicited by agents abroad was void as a regulation of foreign commerce and as a duty on exports. 

242. International Paper Co. v. Massachusetts, 246 U.S. 135 (1918). 

License fee or excise of a given per cent of the par value of the 

entire authorized capital stock of a foreign corporation doing both a 

local and interstate business and owning property in several States 

was a tax on the entire business and property of the corporation and 

was void both as an illegal burden on interstate commerce and as a 

violation of due process by reason of affecting property beyond the 

borders of the taxing State. 

Accord: Locomobile Co. v. Massachusetts, 246 U.S. 146 (1918). 

243. Cheney Bros. v. Massachusetts, 246 U.S. 147 (1918). 

When a Connecticut corporation maintains and employs a Massachusetts office with a stock of samples and an office force and traveling salesmen merely to obtain local orders subject to confirmation 

at the Connecticut office and with deliveries to be made directly from 

the latter, its business was interstate commerce and a Massachusetts 

annual excise could not be validly applied thereto. 

244. New York Life Ins. Co. v. Dodge, 246 U.S. 357 (1918). 

Liberty of contract, as protected by the due process clause of the 

Fourteenth Amendment, precluded enforcement of the Missouri nonforfeiture statute, prescribing how net value of a life insurance policy 

is to be applied to avert a forfeiture in the event the annual premium 

is not paid, so as to prevent a Missouri resident from executing in the 

New York office of the insurer a different agreement sanctioned by 

New York law whereby the policy was pledged as security for a loan 

and later canceled in satisfaction of the indebtedness. 

Justices concurring: McReynolds, McKenna, Holmes, Van Devanter, White, 

C.J..

Justices dissenting: Brandeis, Day, Pitney, Clarke. 

245. Georgia v. Cincinnati So. Ry., 248 U.S. 26 (1918). 

Georgia act of 1916 revoking a grant in 1879 of a perpetual right 

of way to a railroad impaired the obligation of contract (Art. I, § 10). 

246. Union Pac. R.R. v. Public Service Comm’n, 248 U.S. 67 (1918). 

Missouri act, insofar as it authorized the Missouri Public Service 

Commission to exact a fee of $10,000 for a certificate of authority for 

issuance by an interstate railroad, doing no intrastate business in 

Missouri, of a $30,000,000 mortgage bond issue to meet expenditures 

STATE LAWS HELD UNCONSTITUTIONAL 2201

incurred but in small part in that State, imposed an invalid burden 

on interstate commerce. 

247. Flexner v. Farson, 248 U.S. 289 (1919). 

Kentucky law, insofar as it authorized a judgment against nonresident individuals based on service against their Kentucky agent 

after his appointment had expired, was violative of due process. 

248. Central of Georgia Ry. v. Wright, 248 U.S. 525 (1919). 

Tax exemptions in charters granted to certain railroads inured to 

their lessee, and, accordingly, a Georgia tax authorized by a constitutional provision postdating such charters and imposed on the leasehold interest of the lessee impaired the obligation of contract. 

249. Union Tank Line Co. v. Wright, 249 U.S. 275 (1919). 

Georgia law under which a New Jersey company’s tank cars operating in and out of that State were assessed upon a track-mileage 

basis, i.e., in an amount bearing the same ratio to the value of all its 

cars and other personal property as the ratio of the miles of railroad 

over which the cars were run in Georgia to the total miles over which 

they were run in all States, was invalid for the reason that the rule 

bore no necessary relation to the real value in Georgia and hence conflicted with due process. 

Justices concurring: McReynolds, McKenna, Holmes, Day, Van Devanter, 

White, C.J.. 

Justices dissenting: Pitney, Brandeis, Clarke. 

250. Standard Oil Co. v. Graves, 249 U.S. 389 (1919). 

Washington law under which, in a ten-year period, inspection 

fees collected on oil products brought into the State for use or consumption amounted to $335,000, of which only $80,000 was disbursed 

for expenses, was deemed to impose an excessive charge and accordingly an invalid burden on interstate commerce. 

251. Chalker v. Birmingham & N.W. Ry., 249 U.S. 522 (1919). 

Tennessee act which made the annual tax for the privilege of 

doing railway construction work dependent on whether the person 

taxed had his chief office in Tennessee, i.e. $25 if he had and $100 

if he did not, was violative of the privilege and immunities clause of 

Art. IV, § 2. 

252. Travis v. Yale & Towne Mfg. Co., 252 U.S. 60 (1920). 

New York income tax law which allowed exemptions to residents, 

with increases for married persons and dependents but which allowed 

no equivalent exemptions to nonresidents abridged the privileges and 

immunities clause of Art. IV, § 2. 

2202 STATE LAWS HELD UNCONSTITUTIONAL 

253. Okahoma Operating Co. v. Love, 252 U.S. 331 (1920). 

Oklahoma constitution and laws, under which an order of the 

State Corporation Commission declaring a laundry a monopoly and 

limiting its rates was not judicially reviewable, and which compelled 

litigant, for purposes of obtaining a judicial test of rates, to disobey 

the order and invite serious penalty for each day of refusal pending 

completion of judicial appeal, were violative of due process insofar as 

rates were enforced by penalties. 

254. Accord: Oklahoma Gin Co. v. Oklahoma, 252 U.S. 339 (1920). 

Illinois law denying Illinois courts jurisdiction in actions for 

wrongful death occurring in another State which was construed as 

barring jurisdiction of actions on a sister State judgment founded 

upon a like cause was, as so applied, violative of the full faith and 

credit clause. 

255. Askren v. Continental Oil Co., 252 U.S. 444 (1920). 

New Mexico law levying annual license on distributors of gasoline 

plus 2 cents per gallon on all gasoline sold was a privilege tax, and, 

as applied to parties who bring gasoline from without and sell it in 

New Mexico, imposed an invalid burden on interstate commerce insofar as it related to their business of selling in tank car lots and in 

barrels or packages as originally imported. 

256. Wallace v. Hines, 253 U.S. 66 (1920). 

North Dakota act, as administered, imposed invalid burden on 

interstate commerce and took property without due process by reason 

of taxing an interstate railroad by assessing the value of its property 

in the State at that proportion of the total value of its stock and 

bonds that the main track mileage within the State bore to the main 

track mileage of the entire line; this formula was indefensible inasmuch as the cost of construction per mile was within than without the 

taxing State, and the large and valuable terminals of the railroad 

were located elsewhere. 

257. Hawke v. Smith (No. 1), 253 U.S. 221 (1920). 

Action of Ohio legislature ratifying proposed Eighteenth Amendment could not be referred to the voters, and the provisions of the 

Ohio constitution requiring such referendum were inconsistent with 

Article V of the Federal Constitution. 

Accord: Hawke v. Smith (No. 2), 253 U.S. 231 (1920), applicable 

to proposed Nineteenth Amendment. 

258. Ohio Valley Co. v. Ben Avon Borough, 253 U.S. 287 (1920). 

Since Pennsylvania Public Service Commission Law failed to provide opportunity by way of appeal to the courts or by injunctive proceedings to test issue as to whether rates fixed by Commission are 

STATE LAWS HELD UNCONSTITUTIONAL 2203

confiscatory, order of Commission establishing maximum future rates 

violated due process of law. 

Justices concurring: McReynolds, Day, Van Devanter, Pitney, McKenna, 

White, C.J.. 

Justices dissenting: Brandeis, Holmes, Clarke. 

259. Royster Guano Co. v. Virginia, 253 U.S. 412 (1920). 

Virginia law which taxed all income of local corporation derived 

from business within and without Virginia, while exempting entirely 

income derived outside of Virginia by local corporations which did no 

local business violated the equal protection clause of the Fourteenth 

Amendment.

Justices concurring: Pitney, McReynolds, McKenna, Day, Van Devanter, 

Clarke, White, C.J.. 

Justices dissenting: Brandeis, Holmes. 

260. Johnson v. Maryland, 254 U.S. 51 (1920). 

Maryland law requiring operator’s license of drivers of motor 

trucks could not constitutionally be applied to a Postal Department 

employee operating a federal mail truck in the performance of official 

duty.

Justices concurring: Holmes, McKenna, Day, Van Devanter, Brandeis, 

Clarke, White, C.J.. 

Justices dissenting: Pitney, McReynolds. 

261. Turner v. Wade, 254 U.S. 64 (1920). 

Georgia Tax Equalization Act denied due process insofar as it authorized an increase in the assessed valuation of the taxpayer’s property without notice and hearing and accorded him an abortive remedy 

of arbitration which was nullified by the inability of the arbitrators 

to agree on a lower assessment before the expiration of the time when 

the assessment became final and binding. 

262. Bank of Minden v. Clement, 256 U.S. 126 (1921). 

Louisiana law which exempted proceeds of insurance policy, payable upon death of insured to his executor, from the claims of insured’s creditors impaired the obligation of contract as enforced 

against a debt on a promissory note antedating such laws and also 

as enforced against policies which antedated the law. 

Justices concurring: McReynolds, McKenna, Holmes, Day, Van Devanter, 

Pitney, Brandeis, White, C.J.. 

Justice dissenting: Clarke. 

263. Bethlehem Motors Corp. v. Flynt, 256 U.S. 421 (1921). 

North Carolina statute which exacted a $500 license fee of every 

automobile manufacturer as a condition precedent to selling cars in 

the State and which imposed a like requirement on any firm selling 

2204 STATE LAWS HELD UNCONSTITUTIONAL 

cars of a manufacturer who had not paid the tax, but which reduced 

the fee to $100 in the event that the manufacturer had invested 

three-fourths of his assets in North Carolina state and municipal securities or properties, was invalid as violative of the commerce clause 

and of the equal protection clause when enforced against nonresident 

manufacturers selling cars in North Carolina directly or through local 

dealers.

Justices concurring: McKenna, Holmes, Day, Van Devanter, McReynolds, 

Clarke.

Justices dissenting: Pitney, Brandeis. 

264. Bowman v. Continental Oil Co., 256 U.S. 642 (1921). 

New Mexico statute which imposed a tax of 2 cents per gallon 

sold on distributors of gasoline was void insofar as it embraced interstate transactions, but the annual license fee of $50 imposed thereby 

on each gasoline station was totally void insofar as interstate sales 

could not be separated from the intrastate sales. 

265. Kansas City So. Ry. v. Road Improv. Dist. No. 6, 256 U.S. 658 (1921). 

Arkansas statute which authorized local assessments for road improvements denied equal protection of the laws insofar as railroad 

property was burdened for local improvement on a basis totally different from that used for measuring the contribution demanded of individual owners. 

266. Eureka Pipe Line Co. v. Hallanan, 257 U.S. 265 (1921). 

West Virginia statute which forbade engaging in the business of 

transporting petroleum in pipe lines without the payment of a tax of 

2¢ for each barrel of oil transported imposed an invalid burden on 

interstate commerce as applied to company’s volume of oil produced 

in, but moving out of, West Virginia to extra-state destinations. 

Justices concurring: Holmes, McKenna, Day, Van Devanter, McReynolds, Taft, 

C.J..

Justices dissenting: Clarke, Pitney, Brandeis. 

Accord: United Fuel Gas Co. v. Hallanan, 257 U.S. 277 (1921), 

voiding like application of the West Virginia tax to the interstate 

movement of natural gas. 

Justices concurring: Holmes, Pitney, McReynolds, Day, Van Devanter, McKenna, Taft, C.J.. 

Justices dissenting: Brandeis, Clarke. 

267. Dahnke-Walker Co. v. Bondurant, 257 U.S. 282 (1921). 

Kentucky law prescribing conditions under which foreign corporations could do business in that State and which precluded enforcement in Kentucky courts of contracts made by foreign corporations 

not complying with said conditions could not be enforced against Tennessee corporation which sued in a Kentucky court for breach of a 

STATE LAWS HELD UNCONSTITUTIONAL 2205

contract consummated in that State for the purchase of grain to be 

delivered to and used in Tennessee; such transaction was in interstate commerce, notwithstanding that the Tennessee purchaser might 

change its mind after delivery to a carrier in Kentucky and sell the 

grain in Kentucky or consign it to some other place in Kentucky. 

Justices concurring: Van Devanter, Holmes, Pitney, Day, McKenna, 

McReynolds, Taft, C.J.. 

Justices dissenting: Brandeis, Clarke. 

268. Truax v. Corrigan, 257 U.S. 312 (1921). 

Arizona statute, regulating injunctions in labor disputes which 

exempted ex-employees, when committing tortious injury to the business of their former employer in the form of mass picketing, libelous 

utterances, and inducement of customers to withhold patronage, while 

leaving subject to injunctive restraint all other tort-feasors engaged in 

like wrong-doing, deprived the employer of property without due process and denied him equal protection of the law. 

Justices concurring: Van Devanter, Day, McKenna, McReynolds, Taft, C.J.. 

Justices dissenting: Holmes, Pitney, Clarke, Brandeis. 

269. Gillespie v. Oklahoma, 257 U.S. 501 (1922). 

Oklahoma income tax law could not validly be enforced as to net 

income of lessee derived from the sales of his share of oil and gas received under leases of restricted Indian lands which constituted him 

in effect an instrumentality used by the United States in fulfilling its 

duties to the Indians. 

Justices concurring: Holmes, Day, Van Devanter, McKenna, McReynolds, Taft, 

C.J..

Justices dissenting: Pitney, Brandeis, Clarke. 

270. Terral v. Burke Constr. Co., 257 U.S. 529 (1922). 

Arkansas law which revoked the license of a foreign corporation 

to do business in that State whenever it resorted to the federal courts 

sitting in that State exacted an unconstitutional condition. 

271. Lemke v. Farmers Grain Co., 258 U.S. 50 (1922). 

North Dakota statute which required purchasers of grain to obtain a license to act under a defined system of grading, inspection, 

and weighing, and to abide by regulations as to prices and profits imposed an invalid burden on interstate commerce insofar as it was applied to a North Dakota association which bought grain in the State 

and loaded it promptly on cars for shipment to other States for sale, 

notwithstanding occasional diversion of the grain for local sales. 

Justices concurring: Day, McKenna, McReynolds, Van Devanter, Pitney, Taft, 

C.J..

Justices dissenting: Brandeis, Holmes, Clarke. 

2206 STATE LAWS HELD UNCONSTITUTIONAL 

Accord: Lemke v. Homer Farmers Elevator Co., 258 U.S. 65 

(1922).

Justices concurring: Day, McKenna, McReynolds, Pitney, Van Devanter, Taft, 

C.J..

Justices dissenting: Holmes, Brandeis, Clarke. 

272. Newton v. Consolidated Gas Co., 258 U.S. 165 (1922). 

Rates fixed for the sale of gas by New York statute were confiscatory and deprived the utility of its property without due process of 

law.

Accord: Newton v. New York Gas Co., 258 U.S. 178 (1922); Newton v. Kings County Lighting Co., 258 U.S. 180 (1922); Newton v. 

Brooklyn Union Gas Co., 258 U.S. 604 (1922); Newton v. Consolidated 

Gas Co., 259 U.S. 101 (1922). 

273. Forbes Pioneer Boat Line v. Everglades Drainage Dist., 258 U.S. 338 

(1922).

Florida law retroactively validating collection of fee for passage 

through a canal, the use of which was then free by law, was ineffective; a legislature could not retroactively approve what it could not 

lawfully do. 

274. Texas Co. v. Brown, 258 U.S. 466 (1922). 

Georgia law levying inspection fees and providing for inspection 

of oil and gasoline was unconstitutional as applied to gasoline and oil 

in interstate commerce; for the fees clearly exceeded the cost of inspection and amounted to a tariff levied without the consent of Congress.

275. Chicago & N.W. Ry. v. Nye Schneider Fowler Co., 260 U.S. 35 (1922). 

Nebraska law, as construed, which authorized imposition against 

carrier, in favor of claimant, of an additional attorney’s fee of $100, 

upon the basis of the service rendered, time and labor bestowed, and 

recovery secured by claimant’s attorney in resisting appeal by which 

the carrier obtained a large reduction of an excessive judgment was 

unreasonable in that it deterred carrier from vindicating its rights by 

appeal and therefore was violative of due process. 

276. St. Louis Compress Co. v. Arkansas, 260 U.S. 346 (1922). 

Arkansas law exacting of persons insuring property in Arkansas 

a five percent tax on amounts paid on premiums to insurers not authorized to do business in Arkansas was violative of due process insofar as it was applied to insurance contracted and paid for outside Arkansas by a foreign corporation doing a local business. 

277. Champlain Co. v. Brattleboro, 260 U.S. 366 (1922). 

A Vermont levy of a property tax on logs under control of the 

owner which, in the course of their interstate journey, were being 

STATE LAWS HELD UNCONSTITUTIONAL 2207

temporarily detained by a boom to await subsidence of high waters 

and for the sole purpose of saving them from loss, was void as a burden on interstate commerce. 

278. Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). 

Pennsylvania law which forbade mining in such a way as to 

cause subsidence of any human habitation or public street or building 

and which thereby made commercially impracticable the removal of 

valuable coal deposits was deemed arbitrary and amounted to a deprivation of property without due process. As applied to an owner of land 

who, prior to this enactment, had validly deeded the surface with express reservation of right to remove coal underneath and subject to 

waiver by grantee of damage claims resulting from such mining, said 

law also impaired the obligation of contract. 

Justices concurring: Holmes, McKenna, Day, Van Devanter, Pitney, 

McReynolds, Sutherland, Taft, C.J.. 

Justice dissenting: Brandeis. 

279. Columbia Ry., Gas & Electric Co. v. South Carolina, 261 U.S. 236 

(1923).

South Carolina statute, as construed, which sought to convert a 

covenant in a prior legislative contract into a condition subsequent, 

and to impose as a penalty for its violation the forfeiture of valuable 

property, impaired the obligation of contract. 

280. Federal Land Bank v. Crosland, 261 U.S. 374 (1923). 

A first mortgage executed to a Federal Land Bank is a federal instrumentality and cannot be subjected to an Alabama recording tax. 

281. Phipps v. Cleveland Refg. Co., 261 U.S. 449 (1923). 

Ohio law, which was applicable to interstate and intrastate commerce and which exacted fees for inspection of petroleum products in 

excess of the legitimate cost of inspection, imposed an invalid import 

tax to the extent that the excess could not be separated and assigned 

solely to intrastate commerce. 

282. Thomas v. Kansas City So. Ry., 261 U.S. 481 (1923). 

Insofar as drainage district tax authorized under Arkansas law 

imposed upon a railroad a levy disproportionate to the value of the 

benefits derived from said improvement, the tax was violative of the 

equal protection clause. 

283. Davis v. Farmers Co-operative Co., 262 U.S. 313 (1923). 

Minnesota law which provided that interstate railroads which 

had an agent in Minnesota to solicit traffic over lines outside Minnesota may be served with summons by delivery of copy thereof to the 

agent imposed an invalid burden on interstate commerce as applied 

to a carrier which owned and operated no facilities in Minnesota and 

2208 STATE LAWS HELD UNCONSTITUTIONAL 

which was sued by a plaintiff who did not reside therein on a cause 

of action arising outside the State. 

284. Meyer v. Nebraska, 262 U.S. 390 (1923). 

Nebraska law which forbade the teaching of any language other 

than English in any school, private, denominational, or public, maintaining classes for the first eight grades affected a denial of liberty 

without due process of law. 

Justices concurring: McReynolds, Brandeis, Butler, Sanford, Van Devanter, 

McKenna, Taft, C.J.. 

Justices dissenting: Holmes, Sutherland. 

285. Accord: Bartels v. Iowa, 262 U.S. 404 (1923). A similar Iowa law violates due process. Same division of Justices as in Meyer v. Nebraska. 

286. Accord: Bohning v. Ohio, 262 U.S. 404 (1923), as to Ohio law. 

287. Georgia Ry. & Power Co. v. Decatur, 262 U.S. 432 (1923). 

Georgia law which extended corporate limits of a town and which, 

as judicially construed, had the effect of rendering applicable to the 

added territory street railway rates fixed by an earlier contract between the town and the railway impaired the obligation of that contract by adding to its burden. 

Accord: Georgia Ry. v. College Park, 262 U.S. 441 (1923). 

288. Wolff Packing Co. v. Industrial Court, 262 U.S. 522 (1923). 

Kansas law which compelled business engaged in manufacturing 

and in the processing of food to continue operation in the event of a 

labor dispute, to submit the controversy to an arbitration board, and 

to abide by the latter’s recommendations pertaining to the payment 

of minimum wages subjected both employers and employees to a denial of liberty without due process of law. 

Accord: Dorchy v. Kansas, 264 U.S. 286 (1924), same Kansas law 

voided when applied to labor disputes affecting coal mines; Wolff

Packing Co. v. Industrial Court, 262 U.S. 522 (1923), voiding other 

provisions of this Kansas law which authorized arbitration tribunal in 

the course of compulsory arbitration, to fix the hours of labor to be 

observed by an employer involved in a labor dispute. 

289. Kentucky Co. v. Paramount Exch., 262 U.S. 544 (1923). 

Wisconsin law which required a foreign corporation not doing 

business in Wisconsin, or having property there, other than that 

sought to be recovered in a suit, to send, as a condition precedent to 

maintaining such action, its officer with corporate records pertinent 

to the matter in controversy, and to submit to an adversary examination before answer, but which did not subject nonresident individuals 

to such examination, except when served with notice and subpoena 

within Wisconsin, and then only in the court where the service was 

STATE LAWS HELD UNCONSTITUTIONAL 2209

had, and which limited such examinations, in the case of residents of 

Wisconsin, individual or corporate, to the county of their residence 

violated the equal protection clause. 

Justices concurring: Van Devanter, Sanford, Butler, McKenna, McReynolds, 

Sutherland, Taft, C.J.. 

Justices dissenting: Brandeis, Holmes. 

290. Pennsylvania v. West Virginia, 262 U.S. 553 (1923). 

West Virginia law which required pipe line companies to fill all 

local needs before endeavoring to export any natural gas extracted in 

West Virginia was void as a prohibited interference with interstate 

commerce.

Justices concurring: Van Devanter, Sutherland, Butler, McKenna, Taft, C.J.. 

Justices dissenting: Holmes, McReynolds, Brandeis, Sanford. 

291. Clallam County v. United States, 263 U.S. 341 (1923). 

Washington state and county property taxes cannot be levied on 

the property of a corporation which, though formed under Washington 

law, was a federal instrumentality created and operated by the 

United States as an instrument of war. 

292. Tampa Interocean Steamship Co. v. Louisiana, 266 U.S. 594 (1925). 

Louisiana license tax law could not validly be enforced as to the 

business of companies employed as agents by owners of vessels engaged exclusively in interstate and foreign commerce when the services performed by the agents consisted of the soliciting and engaging 

of cargo, and the nomination of vessels to carry it, etc. (See Texas 

Transp. Co. v. New Orleans, 264 U.S. 150 (1924), voiding like application of a similar New Orleans ordinance.) 

293. Burns Baking Co. v. Bryan, 264 U.S. 504 (1924). 

Nebraska law which prescribed the minimum weights of loaves of 

bread to be made and sold and which, in order to prevent the palming 

off of smaller for larger sizes, fixed a maximum for each class and allowed a ‘‘tolerance’’ of only two ounces per pound in excess of the minimum was found to be unreasonable, to be unnecessary to protect purchasers against the imposition of fraud by short weights, and therefore to deprive bakers and sellers of bread of their liberty without due 

process of law. 

Justices concurring: Butler, Sanford, McReynolds, Sutherland, McKenna, Van 

Devanter, Taft, C.J.. 

Justices dissenting: Brandeis, Holmes. 

294. Atchison, T. & S.F. Ry. v. Wells, 265 U.S. 101 (1924). 

Texas law which permitted a nonresident to prosecute a case 

which arose outside of Texas against a railroad corporation of another 

State which was engaged in interstate commerce and neither owned 

2210 STATE LAWS HELD UNCONSTITUTIONAL 

nor operated facilities in Texas was inoperative by reason of imposing 

a burden on interstate commerce. 

295. Air-Way Corp. v. Day, 266 U.S. 71 (1924). 

Ohio law which levied an annual fee on foreign corporations for 

the privilege of exercising their franchise in the State, which was 

computed at the rate of 5¢ per share upon the proportion of the number of shares of authorized common stock represented by property 

owned and used and business transacted in Ohio was void as imposing a burden on interstate commerce when applied to a foreign corporation all of whose business, intrastate and interstate, and all of 

whose property were represented by the shares outstanding; application of the rate to all shares authorized, or even to a greater number 

than the total outstanding, amounted to a burden on all property and 

business including interstate commerce. As imposed, the tax also violated the equal protection clause. 

296. Aetna Life Ins. Co. v. Dunken, 266 U.S. 389 (1924). 

Policy of insurance originally issued to insurer in Tennessee and 

converted by him in Texas from term insurance to 20 year payment 

life was deemed to be a mere continuation of the original policy, and 

upon suit on the policy in Texas, a Texas law imposing a penalty and 

allowing an attorney’s fee could not constitutionally be applied 

against the insurer for the reason that Texas could not regulate contracts consummated outside its limits in conformity with the laws of 

the place where the contract was made without violating full faith 

and credit clause. 

297. Ozark Pipe Line Corp. v. Monier, 266 U.S. 555 (1925). 

Missouri law which required foreign corporations doing business 

therein to pay an annual franchise tax of 1/10 of 1% of the par value 

of capital stock and surplus employed in business in the State could 

not constitutionally be exacted of a pipe line company for the privilege 

of doing in Missouri what was exclusively an interstate business. 

Justices concurring: Sutherland, Holmes, Van Devanter, McReynolds, Butler, Sanford, McKenna, Taft, C.J.. 

Justice dissenting: Brandeis. 

298. Michigan Commission v. Duke, 266 U.S. 570 (1925). 

Michigan law which converted an interstate contract motor carrier into a public utility by legislative fiat in effect took property for 

public use without compensation in violation of the due process 

clause, and also imposed unreasonable conditions on the right to 

carry on interstate commerce. 

STATE LAWS HELD UNCONSTITUTIONAL 2211

299. Flanagan v. Federal Coal Co., 267 U.S. 222 (1925). 

In a suit for breach of contract, plaintiff’s right to maintain suit 

could not be barred by his failure to pay a Tennessee license tax for 

the reason that the state law levying the same could not be applied 

to a contract for the purchase of coal to be delivered to customers in 

other States, that is, in interstate commerce. 

300. Buck v. Kuykendall, 267 U.S. 307 (1925). 

Washington law which prohibited motor vehicle common carriers 

for hire from using its highways without obtaining a certificate of convenience could not validly be exacted of an interstate motor carrier; 

the law was not a regulation designed to promote public safety but 

a prohibition of competition and, accordingly, burdened interstate 

commerce.

Justices concurring: Brandeis, Sanford, Sutherland, Van Devanter, Butler, 

Holmes, Taft, C.J.. 

Justice dissenting: McReynolds. 

301. Accord: Bush Co. v. Maloy, 267 U.S. 317 (1925), voiding like application of a similar Maryland law. 

Justices concurring: Brandeis, Sutherland, Van Devanter, Holmes, Sanford, 

Butler, Taft, C.J.. 

Justice dissenting: McReynolds. 

302. Accord: Allen v. Galveston Truck Line Corp., 289 U.S. 708 (1933), voiding like application of a Texas law. 

303. Shafer v. Farmers Grain Co., 268 U.S. 189 (1925). 

North Dakota Grain Grading Act which required locally grown 

wheat, 90% of which was for interstate shipment, to be graded by licensed inspectors and imposed various requirements, such as the 

keeping of records of quantity purchased and price paid and the exaction of bonds from purchasers maintaining grain elevators was not 

supportable as an inspection law and was void by reason of imposing 

undue burdens on interstate commerce. 

Justices concurring: Van Devanter, Holmes, Butler, McReynolds, Sutherland, Sanford, Stone, Taft, C.J.. 

Justice dissenting: Brandeis. 

304. Alpha Cement Co. v. Massachusetts, 268 U.S. 203 (1925). 

Massachusetts law which imposed excise tax on foreign corporations doing business therein, measured by a combination of the total 

value of capital shares attributable to transactions therein and the 

proportion of net income attributable to such transactions, could not 

validly be applied to a foreign corporation which transacted only as 

interstate business therein. The tax as here imposed also violated the 

due process clause by affecting property beyond Massachusetts borders.

2212 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: McReynolds, Holmes, Van Devanter, Butler, Sutherland, Stone, Sanford, Taft, C.J.. 

Justice dissenting: Brandeis. 

305. Frick v. Pennsylvania, 268 U.S. 473 (1925). 

Pennsylvania estate tax law, insofar as it measured the tax on 

the transfer of that part of the decedent’s estate located within Pennsylvania by taking the whole of the decedent’s estate which included 

tangible personal property located outside Pennsylvania, was violative 

of due process. 

306. Pierce v. Society of Sisters, 268 U.S. 510 (1925). 

Oregon Compulsory Education Law which required every parent 

to send his child to a public school was an unconstitutional interference with the liberty of parents and guardians to direct the upbringing of children and was violative of due process. 

307. Lee v. Osceola Imp. Dist., 268 U.S. 643 (1925). 

Arkansas statute which imposed special assessment on lands acquired by private owners from the United States on account of benefits resulting from road improvements completed before the United 

States parted with title effected a taking of property without due 

process of law. 

308. Connally v. General Const. Co., 269 U.S. 385 (1926). 

Iowa law which imposed severe, cumulative punishments upon 

contractors with the State who paid their workers less than ‘‘the current rate of per diem wages in the locality where the work is performed’’ was void for vagueness and violative of due process. 

Justices concurring: Brandeis, Holmes. 

309. Browning v. Hooper, 269 U.S. 396 (1926). 

Texas statute which permitted property taxpaying voters to originate an election approving creation of a road improvement district 

with power to float bond issue and to levy taxes to amortize the same, 

with provision for establishment of the district if approved by twothirds of those voting in the election, was procedurally defective in 

that each taxpayer to be assessed for the improvement was not accorded a notice and opportunity to be heard on the question of the 

benefits and hence denied due process. 

310. Rhode Island Trust Co. v. Doughton, 270 U.S. 69 (1926). 

North Carolina law purporting to tax inheritance of shares owned 

by nonresident in a foreign corporation having 50% or more of its 

property in North Carolina was violative of due process inasmuch as 

the property of a corporation is not owned by a shareholder and presence of corporate property in the State did not give it jurisdiction over 

his shares for tax purposes. 

STATE LAWS HELD UNCONSTITUTIONAL 2213

311. Schlesinger v. Wisconsin, 270 U.S. 230 (1926). 

Wisconsin law which established a conclusive presumption that 

all gifts of a material part of a decedent’s estate made by him within 

six years of his death were made in contemplation of death and therefore subject to the graduated inheritance tax created an arbitrary 

classification violative of the due process and equal protection clauses. 

Justices concurring: McReynolds, Butler, Sutherland, Sanford, Van 

Devanter, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis, Stone. 

Accord: Uihlein v. Wisconsin, 273 U.S. 642 (1926). 

312. Weaver v. Palmer Bros., 270 U.S. 402 (1926). 

Pennsylvania law which prohibited the use of shoddy, even when 

sterilized, in the manufacture of bedding materials, was so arbitrary 

and unreasonable as to be violative of due process. 

Justices concurring: Butler, Van Devanter, Sutherland, Sanford, 

McReynolds, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis, Stone. 

313. Fidelity & Deposit Co. v. Tafoya, 270 U.S. 426 (1926). 

New Mexico law which forbade insurance companies authorized 

to do business in that State to pay any nonresident any fee for the 

obtaining or placing of any policies covering risks in New Mexico was 

violative of due process by reason of attempting to control conduct beyond the jurisdiction of New Mexico. 

Justices concurring: Holmes, Van Devanter, Sutherland, Stone, Butler, Taft, 

C.J..

Justices dissenting: McReynolds, Brandeis, Sanford. 

314. Childers v. Beaver, 270 U.S. 555 (1926). 

Oklahoma inheritance tax law, applied to inheritance by Indians 

of Indian lands as determined by federal law, was void as a tax on 

a federal instrumentality. 

315. Appleby v. City of New York, 271 U.S. 365 (1926). 

Acts of New York of 1857 and 1871 authorizing New York City 

to erect piers over submerged lots impaired the obligation of contract 

as embraced in deeds to such submerged lots conveyed to private 

owners for valuable consideration through deeds executed by New 

York City in 1852. 

316. Appleby v. Delaney, 271 U.S. 403 (1926). 

Act of New York of 1871 whereby New York City was authorized 

to construct certain harbor improvements impaired the obligation of 

contract embraced in prior deeds to grantees whereunder the latter 

were accorded the privilege of filling in their underwater lots and constructing piers thereover. 

2214 STATE LAWS HELD UNCONSTITUTIONAL 

317. Frost Trucking Co. v. Railroad Comm’n, 271 U.S. 583 (1926). 

California law whereunder private carriers by automobile for hire 

could not operate over California highways between fixed points in 

the State without obtaining a certificate of convenience and submitting to regulation as common carriers exacted an unconstitutional 

condition and effected a denial of due process. 

Justices concurring: Sutherland, McReynolds (separately), Taft, C.J., Sanford, Stone, Butler, Van Devanter. 

Justices dissenting: Holmes, Brandeis. 

318. Jaybird Mining Co. v. Wier, 271 U.S. 609 (1926). 

Oklahoma law which levied an ad valorem tax on ores mined and 

in bins on the land was void as a tax on federal instrumentality when 

applied to a lessee of Indian land leased with the approval of the Secretary of the Interior. 

Justices concurring: Butler, Stone, Holmes, Sanford, Sutherland, Van 

Devanter, Taft, C.J.. 

Justices dissenting: McReynolds, Brandeis. 

319. Hughes Bros. v. Minnesota, 272 U.S. 469 (1926). 

Minnesota law levying personal property tax could not be collected on logs cut in Minnesota pursuant to a contract of sale for delivery in Michigan while they were in transit in interstate commerce 

by a route from Minnesota to Michigan. 

320. Hanover Ins. Co. v. Harding, 272 U.S. 494 (1926). 

When an Illinois tax law originally is construed as a personal 

property tax whereby the local net receipts of foreign insurance companies were subjected to assessment at only 30% of full value, but at 

a later date is construed as a privilege tax with the result that all 

the local net income of such foreign companies was taxed at the rate 

applicable to personal property while domestic companies continued 

to pay the tax on their personal property assessed at the reduced 

valuation, the resulting discrimination denied the foreign companies 

the equal protection of the laws. 

321. Wachovia Trust Co. v. Doughton, 272 U.S. 567 (1926). 

North Carolina inheritance tax law could not validly be applied 

to property constituting a trust fund in Massachusetts established 

under the will of a Massachusetts resident and bestowing a power of 

appointment upon a North Carolina resident who exercised that 

power through a will made in North Carolina; the levy by a State of 

the tax on property beyond its jurisdiction was violative of due process.

Justices concurring: Holmes, Brandeis, Stone. 

STATE LAWS HELD UNCONSTITUTIONAL 2215

322. Ottinger v. Consolidated Gas Co., 272 U.S. 576 (1926). 

Act of New York prescribing a gas rate of $1 per thousand feet 

was confiscatory and deprived the utility of its property without due 

process of law. 

Accord: Ottinger v. Brooklyn Union Co., 272 U.S. 579 (1926). 

323. Miller v. City of Milwaukee, 272 U.S. 713 (1927). 

Wisconsin law which exempted income of corporation derived 

from interest received from tax exempt federal bonds owned by said 

corporation, but which attempted to tax such income indirectly by 

taxing only so much of the stockholder’s dividends as corresponded to 

the corporate income not assessed, was invalid. 

Justices concurring: Brandeis, Stone. 

324. Di Santo v. Pennsylvania, 273 U.S. 34 (1927). 

Pennsylvania law exacting a license from persons engaged in the 

State in the sale of steamship tickets and orders for transportation 

to or from foreign countries was void as imposing an undue burden 

on foreign commerce. 

Justices concurring: Butler, McReynolds, Van Devanter, Sutherland, Sanford, Taft, C.J.. 

Justices dissenting: Brandeis, Holmes, Stone. 

325. Tyson & Bro. v. Banton, 273 U.S. 418 (1927). 

New York law which prohibited ticket agencies from selling theatre tickets at prices in excess of 50¢ over the price printed on the 

ticket was void by reason of regulating a business not affected with 

the public interest and depriving such business of due process. 

Justices concurring: Sutherland, Van Devanter, Butler, McReynolds, Taft, 

C.J..

Justices dissenting: Holmes, Brandeis, Stone, Sanford. 

326. Tumey v. Ohio, 273 U.S. 510 (1927). 

Ohio law which compensated mayors serving as judges in minor 

prohibition offenses solely out of the fees and costs collected from defendants who were convicted was violative of due process. 

327. Nixon v. Herndon, 273 U.S. 536 (1927). 

Texas White Primary Law which barred Negroes from participation in Democratic party primary elections denied them the equal protection of the laws. 

328. Fairmont Co. v. Minnesota, 274 U.S. 1 (1927). 

Minnesota law which punished anyone who discriminated between different localities of that State by buying dairy products in one 

locality at a higher price than was paid for the same commodities in 

another locality infringed liberty of contract as protected by the due 

process clause. 

2216 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: McReynolds, Butler, Van Devanter, Sanford, Sutherland, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis, Stone. 

329. Ohio Pub. Serv. Co. v. Ohio ex rel. Fritz, 274 U.S. 12 (1927). 

Ohio law which destroyed assignability of a franchise previously 

granted to an electric company by a municipal ordinance impaired the 

obligation of contract. 

Justices concurring: McReynolds, Sutherland, Stone, Sanford, Butler, Van 

Devanter, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis. 

330. Southern Ry. v. Kentucky, 274 U.S. 76 (1927). 

Kentucky law which imposed a franchise tax on railroad corporations was constitutionally defective and violative of due process insofar as it was computed by including mileage outside the State which 

did not in any plain and intelligible way add to the value of the road 

and the rights exercised in Kentucky. 

Justices concurring: Butler, Holmes, Sutherland, Stone, McReynolds, Van 

Devanter, Sanford, Taft, C.J.. 

Justice dissenting: Brandeis. 

331. Road Improv. Dist. v. Missouri Pacific R.R., 274 U.S. 188 (1927). 

Special assessments levied against a railroad by a road district 

pursuant to an Arkansas statute and based on real property and rolling stock and other personalty were unreasonably discriminatory and 

excessive and deprived the railroad of property without due process 

by reason of the fact that other assessments for the same improvement were based solely on real property. 

332. Fiske v. Kansas, 274 U.S. 380 (1927). 

As construed and applied to an organization not shown to have 

advocated any crime, violence, or other unlawful acts, the Kansas 

criminal syndicalism law was violative of due process. 

333. Cline v. Frink Dairy Co., 274 U.S. 445 (1927). 

By reason of the exception contained therein, whereby its prohibitions were not to apply to conduct engaged in by participants whenever necessary to obtain a reasonable profit from products traded in, 

the Colorado Antitrust Law was void for want of a fixed standard for 

determining guilt and violative of due process. 

334. Power Mfg. Co. v. Saunders, 274 U.S. 490 (1927). 

As applied to a foreign corporation having a fixed place of business and an agent in one county, but no property, debts or anything 

also in the county in which it was sued, Arkansas law which authorized actions to be brought against a foreign corporation in any county 

in the State, while restricting actions against domestic corporations 

STATE LAWS HELD UNCONSTITUTIONAL 2217

to the county where it had a place of business or where its chief officer resided, deprived the foreign corporation of equal protection of the 

laws.

Justices concurring: Van Devanter, McReynolds, Sutherland, Stone, Sanford, 

Butler, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis. 

335. Northwestern Ins. Co. v. Wisconsin, 275 U.S. 136 (1927). 

Wisconsin law levying a tax on the gross income of domestic insurance companies was void where the income was derived in part as 

interest on United States bonds. 

336. Wuchter v. Pizzutti, 276 U.S. 13 (1928). 

New Jersey statute which provided that in suits by residents 

against nonresidents for injuries resulting from operation of motor vehicles by the latter, service might be made on the Secretary of State 

as their agent, but which failed to provide any assurance that notice 

of such service would be communicated to the nonresidents, was violative of due process. 

Justices concurring: Taft, C.J., Van Devanter, Butler, Sutherland, Sanford, 

McReynolds.

Justices dissenting: Brandeis, Holmes, Stone. 

337. Accord: Consolidated Flour Mills Co. v. Muegge, 278 U.S. 559 (1928), 

voiding similar service as authorized by an Oklahoma law. 

338. Missouri ex rel. Robertson v. Miller, 276 U.S. 174 (1928). 

Mississippi statute which terminated right of retired revenue 

agent to prosecute suits for unpaid taxes in the name of his successor 

by requiring that the successor approve and join in such suits, and 

which further stipulated that the successor share equally in the commissions hitherto accruing solely to the retired agent, was held to impair the latter’s rights under the contract clause insofar as it was enforced retroactively to accord a share to the successor in suits instituted by the retired agent before this legislative alteration. 

339. New Brunswick v. United States, 276 U.S. 547 (1928). 

Property taxes assessed under New Jersey law on land acquired 

from the United States Housing Corporation by private purchasers 

subject to retention of mortgage by the federal agency could not be 

collected by sale of the land unless the federal liens were excluded 

and preserved as prior liens. 

Justices concurring: Sanford, Stone, Sutherland, Butler, Brandeis, Holmes, 

Van Devanter, Taft, C.J.. 

Justice dissenting: McReynolds. 

2218 STATE LAWS HELD UNCONSTITUTIONAL 

340. Brooke v. City of Norfolk, 277 U.S. 27 (1928). 

State and city taxes authorized under laws of Virginia may not 

be levied on the corpus of a trust located in Maryland, the income 

from which accrued to a beneficiary resident in Virginia; the corpus 

was beyond the jurisdiction of Virginia and accordingly the assessments were violative of due process. 

341. Louisville Gas Co. v. Coleman, 277 U.S. 32 (1928). 

Kentucky law which conditioned the recording of mortgages not 

maturing within five years upon the payment of a tax of 20¢ for each 

$100 of value secured, but which exempted mortgages maturing within that period was void as denying equal protection of the laws. 

Justices concurring: Sutherland, Butler, Van Devanter, McReynolds, Taft, 

C.J..

Justices dissenting: Holmes, Brandeis, Sanford, Stone. 

342. Long v. Rockwood, 277 U.S. 142 (1928). 

Massachusetts income tax law could not validly be imposed on income received by a citizen as royalties for the use of patents issued 

by the United States. 

Justices concurring: McReynolds, Butler, Van Devanter, Sanford, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis, Sutherland, Stone. 

343. Standard Pipe Line v. Highway Dist., 277 U.S. 160 (1928). 

Arkansas law which purported to validate assessments by the 

district was ineffective to sustain an arbitrary assessment against the 

pipe line at the rate of $5,000 per mile in view of the fact that the 

pipe line originally was constructed in 1909-1915 at a cost under 

$9,000 per mile, and the benefit, if any, which accrued to the pipe line 

was small. 

344. Panhandle Oil Co. v. Mississippi ex rel. Knox, 277 U.S. 218 (1928). 

Mississippi law imposing tax on the sale of gasoline was void as 

applied to sales to federal instrumentalities such as the Coast Guard 

or a Veterans’ Hospital. 

Justices concurring: Butler, Sutherland, Van Devanter, Sanford, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis, Stone, McReynolds. 

345. Accord: Graysburg Oil Co. v. Texas, 278 U.S. 582 (1929), voiding application of Texas gasoline tax statute to gasoline sold to the United 

States.

346. Ribnik v. McBride, 277 U.S. 350 (1928). 

New Jersey law empowering Secretary of Labor to fix the fees 

charged by employment agencies was violative of due process inasmuch as the regulation was not imposed on a business affected with 

a public interest. 

STATE LAWS HELD UNCONSTITUTIONAL 2219

Justices concurring: Sutherland, Taft, C.J., Sanford, Butler, McReynolds, Van 

Devanter.

Justices dissenting: Stone, Holmes, Brandeis. 

347. Quaker City Cab Co. v. Pennsylvania, 277 U.S. 389 (1928). 

Pennsylvania law which taxed gross receipts of foreign and domestic corporations derived from intrastate operation of taxicabs, but 

exempted like receipts derived by individuals and partnerships, denied equal protection of the laws. 

Justices concurring: Butler, Sutherland, Sanford, Van Devanter, 

McReynolds, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis, Stone. 

348. Foster-Fountain Packing Co. v. Haydel, 278 U.S. 1 (1928). 

Louisiana Shrimp Act which permitted shipment of shrimp taken 

in Louisiana tidal waters only if the heads and hulls had previously 

been removed, and which was designed to favor the canning in Louisiana of shrimp destined for the interstate market, was unconstitutional; those taking the shrimp immediately became entitled to ship 

them in interstate commerce. 

Justices concurring: Butler, Sutherland, Sanford, Stone, Van Devanter, 

Holmes, Brandeis, Taft, C.J.. 

Justice dissenting: McReynolds. 

349. Accord: Johnson v. Haydel, 278 U.S. 16 (1928), voiding the Louisiana 

Oyster Act for like reasons. 

350. Louis K. Liggett Co. v. Baldridge, 278 U.S. 105 (1928). 

Pennsylvania law which prohibited corporate ownership of a drug 

store unless all of the stockholders were licensed pharmacists had no 

reasonable relationship to public health and therefore was violative of 

due process. 

Justices concurring: Sutherland, Butler, Van Devanter, Stone, Sanford, 

McReynolds, Taft, C.J.. 

Justices dissenting: Holmes, Brandeis. 

351. Williams v. Standard Oil Co., 278 U.S. 235 (1929). 

Tennessee law which fixed the prices at which gasoline may be 

sold violated the due process clause inasmuch as the business sought 

to be regulated was not affected with a public interest. 

Justices concurring: Sutherland, Stone (separately), Sanford, McReynolds, 

Butler, Brandeis (separately), Van Devanter, Taft, C.J.. 

Justice dissenting: Holmes. 

352. Cudahy Co. v. Hinkle, 278 U.S. 460 (1929). 

Where the local property of a foreign corporation and the part of 

its business transacted in the State, less than half of which was intrastate, were but small fractions of its entire property and its nationVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00059 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
2220 STATE LAWS HELD UNCONSTITUTIONAL 

wide business, Washington law which imposed a tax on such company 

in the form of a filing fee and a license tax, both reckoned upon its 

authorized capital stock, was inoperative by reason of burdening 

interstate commerce and reaching property beyond the State contrary 

to due process. 

Justices concurring: McReynolds, Sutherland, Stone, Sanford, Butler, Van 

Devanter, Taft, C.J.. 

Justices dissenting: Brandeis, Holmes. 

353. Frost v. Corporation Comm’n, 278 U.S. 515 (1929). 

Oklahoma law which permitted an individual to engage in the 

business of ginning cotton only upon a showing of public necessity, 

but allowed a corporation to engage in said business in the same locality without such showing denied the individual equal protection of 

the law. 

Justices concurring: Sutherland, Butler, Van Devanter, McReynolds, Sanford, Taft, C.J.. 

Justices dissenting: Brandeis, Holmes, Stone. 

354. Manley v. Georgia, 279 U.S. 1 (1929). 

Georgia banking law which declared every insolvency of a bank 

shall be deemed to have been fraudulent, with provision for rebutting 

said presumption, was arbitrary and unreasonable and violative of 

due process. 

355. Carson Petroleum Co. v. Vial, 279 U.S. 95 (1929). 

Louisiana tax law could not be enforced against oil purchased at 

interior points for export in foreign commerce for the oil did not lose 

its character as goods in foreign commerce merely because, after shipment to the exporter at a Louisiana port, the oil was temporarily 

stored there preparatory to loading on vessels of foreign consignees. 

Justices concurring: Taft, C.J., Holmes, Brandeis, Stone, Sanford, Van 

Devanter, Butler. 

Justices dissenting: McReynolds, Sutherland. 

356. London Guarantee & Accident Co. v. Industrial Comm’n, 279 U.S. 109 

(1929).

California workmen’s compensation act could not be applied in 

settlement of a claim for the death of a seaman in a case that was 

subject to the exclusive maritime jurisdiction of federal courts. 

Justices concurring: Taft, C.J., Holmes, Stone, Sanford, Sutherland, 

McReynolds, Butler, Van Devanter. 

Justice dissenting: Brandeis. 

357. Helson v. Kentucky, 279 U.S. 245 (1929). 

Kentucky law imposing a tax on the sale of gasoline could not be 

applied to gasoline purchased outside Kentucky for use in a ferry enVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00060 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2221

gaged as an instrumentality of interstate commerce, that is, in operation on the Ohio River between Kentucky and Illinois. 

Justices concurring: Sutherland, Butler, Van Devanter, Sanford, Stone (separately), Brandeis (separately), Holmes (separately), Taft, C.J.. 

Justice dissenting: McReynolds. 

358. Macallen Co. v. Massachusetts, 279 U.S. 620 (1929). 

Massachusetts law imposing an excise on domestic business corporations was in reality a statute imposing a tax on income rather 

than a tax on the corporate privilege and, as an income tax law, could 

not be imposed on income derived from United States bonds nor, by 

reason of impairment of the obligation of contract on income from 

local county and municipal bonds exempt by statutory contract. 

Justices concurring: Sutherland, Sanford, Butler, Van Devanter, 

McReynolds, Taft, C.J.. 

Justices dissenting: Stone, Holmes, Brandeis. 

359. Western & Atlantic R.R. v. Henderson, 279 U.S. 639 (1929). 

Georgia law which viewed a fatal collision between railroad and 

motor car at grade crossing as raising a presumption of negligence on 

the part of the railroad and as the proximate cause of death and 

which permitted the jury to weigh the presumption as evidence 

against the testimony of the railroad’s witnesses tending to prove due 

care was unreasonable and violative of due process. 

360. Safe Deposit & Trust Co. v. Virginia, 280 U.S. 83 (1929). 

Virginia law which levied a property tax on corpus of a trust consisting of securities managed by a Maryland trustee which paid over 

to children of settlor, all of whom resided in Virginia, the income 

therefrom, was violative of due process in that it taxed intangibles 

with a taxable situs in Maryland, where the trustee and owner of the 

legal title was located. 

Justices concurring: McReynolds, Van Devanter, Butler, Sutherland, Sanford, Stone (separately), Brandeis (separately), Holmes (separately), Taft, 

C.J..

361. Farmers Loan Co. v. Minnesota, 280 U.S. 204 (1930). 

Minnesota inheritance tax law, insofar as it was applied to Minnesota securities kept in New York by the decedent who died domiciled in New York was violative of due process. 

Justices concurring: McReynolds, Van Devanter, Butler, Sutherland, Sanford, Stone (separately), Taft, C.J.. 

362. New Jersey Tel. Co. v. Tax Board, 280 U.S. 338 (1930). 

New Jersey franchise tax law, levied at the rate of 5% of gross 

receipts of a telephone company engaged in interstate and foreign 

commerce, was a direct tax on foreign and interstate commerce and 

void.

2222 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: Butler, Sutherland, Sanford, Van Devanter, 

McReynolds.

Justices dissenting: Holmes, Brandeis. 

363. Moore v. Mitchell, 281 U.S. 18 (1930). 

Indiana was powerless to give any force or effect beyond her borders to its law of 1927 purporting to authorize a county treasurer to 

institute suits for unpaid taxes owed by a nonresident; such officer 

derived no authority in New York from this Indiana law and hence 

had no legal capacity to institute the suit in a federal court in the latter State. 

364. Missouri ex rel. Missouri Ins. Co. v. Gehner, 281 U.S. 313 (1930). 

Missouri law which provided that, in taxing assets of insurance 

companies, the amounts of their legal reserves and unpaid policy 

claims should first be deducted was invalid as applied to a company 

owning nontaxable United States bonds insofar as the law was construed to require that the deduction should be reduced by the proportion that the value which such bonds bore to total assets; the company thus was saddled with a heavier tax burden than would have 

been imposed had it not owned such bonds. 

Justices concurring: Butler, Van Devanter, McReynolds, Sutherland, Hughes, 

C.J. (separately). 

Justices dissenting: Stone, Holmes, Brandeis. 

365. Home Ins. Co. v. Dick, 281 U.S. 397 (1930). 

Texas law, which forbade insurance stipulations limiting the time 

for suit on a claim for a period less than two years, could not constitutionally be applied, consistently with due process, to permit recovery 

contrary to the terms of a fire insurance policy executed in Mexico by 

a Mexican insurer and covered in part by reinsurance effected in 

Mexico and New York by New York insurers licensed to do business 

in Texas who defended against a Texas claimant to whom the policy 

was assigned while he was a resident of Mexico and where he resided 

when the loss was sustained. 

366. Baldwin v. Missouri, 281 U.S. 586 (1930). 

Missouri not having jurisdiction for tax purposes of various intangibles, such as bank accounts and federal securities held in banks 

therein and owned by a decedent domiciled in Illinois, its transfer tax 

law could not be applied, consistently with due process, to the transfer thereof, under a will probated in Illinois, to the decedent’s son who 

also was domiciled in Illinois. 

Justices concurring: McReynolds, Van Devanter, Sutherland, Butler. 

Justices dissenting: Holmes, Brandeis, Stone (separately). 

STATE LAWS HELD UNCONSTITUTIONAL 2223

367. Surplus Trading Co. v. Cook, 281 U.S. 647 (1930). 

Arkansas personal property tax laws could not be enforced 

against the purchaser of army blankets situate within an army cantonment in that State, as to which exclusive federal jurisdiction attached under Art. I, § 8, cl. 17. 

368. Beidler v. South Carolina Tax Comm’n, 282 U.S. 1 (1930). 

South Carolina inheritance tax law could not be applied, consistently with due process, to affect the transfer by will of shares in a 

South Carolina corporation and debts owed by the latter belonging to 

a decedent who died domiciled in Illinois; such intangibles were not 

shown to have acquired any taxable business situs in South Carolina. 

Justices concurring: Hughes, C.J., Holmes (separately), Brandeis (separately), Van Devanter, McReynolds, Sutherland, Butler, Stone, Roberts. 

369. Chicago, St. P., M. & O. Ry. v. Holmberg, 282 U.S. 162 (1930). 

Nebraska law, as construed, which required a railroad to provide 

an underground cattle-pass across its right of way partly at its own 

expense for the purpose, not of advancing safety, but merely for the 

convenience of a farmer owning land on both sides of the railroad, deprived the latter of property without due process. 

370. Furst v. Brewster, 282 U.S. 493 (1931). 

Arkansas law which withheld from a foreign corporation the right 

to sue in state courts unless it had filed a copy of its charter and a 

financial statement and had designated a local office and an agent to 

accept service of process could not constitutionally be enforced to prevent suit by a non-complying foreign corporation to collect a debt 

which arose out of an interstate transaction for the sale of goods. 

371. Coolidge v. Long, 282 U.S. 582 (1931). 

Massachusetts law which imposed succession taxes on all property within Massachusetts transferred by deed or gift intended to 

take effect in possession or enjoyment after the death of the grantor, 

or transferred to any person absolutely or in trust, could not, consistently with due process and the contract clause, be enforced with reference to rights of succession or rights effected by gift which vested 

under trust agreements created prior to passage of said act, notwithstanding that the settlor died after its passage. 

Justices concurring: Butler, Van Devanter, McReynolds, Sutherland, Hughes, 

C.J..

Justices dissenting: Roberts, Holmes, Brandeis, Stone. 

372. Hans Rees’ Sons v. North Carolina ex rel. Maxwell, 283 U.S. 123 

(1931).

North Carolina income tax law, as applied to income of New York 

corporation which manufactured leather goods in North Carolina for 

2224 STATE LAWS HELD UNCONSTITUTIONAL 

sale in New York, was violative of due process by reason of the fact 

that the formula for allocating income to that State, namely, that part 

of the corporation’s net income which bears the same ratio to entire 

net income as the value of its tangible property in North Carolina 

bears to the value of all its tangible property, attributed to North 

Carolina a portion of total income which was out of all appropriate 

proportion to the business of the corporation conducted in North 

Carolina.

373. Interstate Transit, Inc. v. Lindsey, 283 U.S. 183 (1931). 

Tennessee law which imposed a privilege tax graduated to carrying capacity on motor buses, the proceeds from which were not segregated for application to highway maintenance, was void insofar as 

the privilege tax was imposed on a bus carrier engaged exclusively in 

interstate commerce. 

Justices concurring: Brandeis, Van Devanter, Butler, Sutherland, Roberts, 

Stone, Holmes, Hughes, C.J.. 

Justice dissenting: McReynolds. 

374. Stromberg v. California, 283 U.S. 359 (1931). 

California law which prohibited the display of a red flag in a public or meeting place as a symbol of opposition to organized government or as a stimulus to anarchistic action or as an aid to seditious 

propaganda was so vague and indefinite as to permit punishment of 

the fair use of opportunity for free political discussion and therefore, 

as enforced, effected a denial of liberty without due process. 

Justices concurring: Hughes, C.J., Holmes, Stone, Brandeis, Roberts, Van 

Devanter, Sutherland. 

Justices dissenting: Butler, McReynolds. 

375. Smith v. Cahoon, 283 U.S. 553 (1931). 

Florida law which required motor carriers to furnish bond or an 

insurance policy for the protection of the public against injuries but 

which exempted vehicles used exclusively in delivering dairy products 

and carriers engaged exclusively in transporting fish, agricultural, 

and dairy products between production to shipping points en route to 

primary market denied the equal protection of the laws; and insofar 

as it subjected carriers for hire to the same requirements as to procurement of a certificate of convenience and necessity and rate regulation as were exacted of common carriers the law was violative of due 

process.

376. Near v. Minnesota ex rel. Olson, 283 U.S. 697 (1931). 

Minnesota law which authorized the enjoinder of one engaged 

regularly in the business of publishing a malicious, scandalous, and 

defamatory newspaper or magazine, as applied to publications charging neglect of duty and corruption on the part of state law enforceVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00064 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2225

ment officers, effected an unconstitutional infringement of freedom of 

the press as safeguarded by the due process clause of the Fourteenth 

Amendment.

Justices concurring: Hughes, C.J., Brandeis, Holmes, Stone, Roberts. 

Justices dissenting: Butler, Van Devanter, McReynolds, Sutherland. 

377. State Tax Comm’n v. Interstate Natural Gas Co., 284 U.S. 41 (1931). 

Mississippi privilege tax could not be enforced as to an interstate 

pipe line company which sold gas wholesale to local, independent distributors from a supply which passed into and through the State in 

interstate commerce; fact that pipe line company, in order to make 

delivery, used a thermometer and reduced pressure, did not convert 

the sale into an intrastate transaction. 

378. Hoeper v. Tax Commission, 284 U.S. 206 (1931). 

Wisconsin income tax law which authorized an assessment 

against a husband of a tax computed on the combined total of his and 

his wife’s incomes, augmented by surtaxes resulting from the combination, notwithstanding that under the laws of Wisconsin the husband had no interest in, or control over, the property or income of his 

wife, was violative of the due process and equal protection clauses of 

the Fourteenth Amendment. 

Justices concurring: Roberts, Butler, Van Devanter, McReynolds, Sutherland, Hughes, C.J.. 

Justices dissenting: Holmes, Brandeis, Stone. 

379. First Nat’l Bank v. Maine, 284 U.S. 312 (1932). 

Maine transfer tax law could not be applied, consistently with 

due process, to the inheritance of shares in a Maine corporation passing under the will of a Massachusetts testator who died a resident of 

Massachusetts and owning the shares. 

Justices concurring: Sutherland, Butler, Van Devanter, Roberts, 

McReynolds, Hughes, C.J.. 

Justices dissenting: Stone, Holmes, Brandeis. 

380. New State Ice Co. v. Liebmann, 285 U.S. 262 (1932). 

Oklahoma law which prohibited anyone from engaging in the 

manufacture, sale, or distribution of ice without a state license, to be 

issued only on proof of public necessity and capacity to meet public 

demand, effected an invalid regulation of a business not affected with 

a public interest and a denial of liberty to pursue a lawful calling contrary to the due process clause of the Fourteenth Amendment. 

Justices concurring: Sutherland, Van Devanter, McReynolds, Butler, Roberts, Hughes, C.J.. 

Justices dissenting: Brandeis, Stone. 

2226 STATE LAWS HELD UNCONSTITUTIONAL 

381. Coombes v. Getz, 285 U.S. 434 (1932). 

Repeal of California constitutional provision making directors of 

corporations liable to creditors for all moneys misappropriated or embezzled impaired the obligation of contract as to creditors who dealt 

with corporations during the period when such constitutional provision was in force, and inclusion in the state constitution of another 

provision whereunder the State reserved the power to alter or repeal 

all existing or future laws concerning corporations could not be invoked to destroy vested rights contrary to due process. 

Justices concurring: Sutherland, Roberts, Butler, McReynolds, Van 

Devanter, Hughes, C.J.. 

Justices dissenting: Cardozo, Brandeis, Stone. 

382. Nixon v. Condon, 286 U.S. 73 (1932). 

Texas White Primary Law which empowered the state executive 

committee of a political party to prescribe the qualifications of members of the party and thereby to exclude Negroes from voting in primaries conducted by the party amounted to state action violative of 

the equal protection clause of the Fourteenth Amendment. 

Justices concurring: Cardozo, Brandeis, Stone, Roberts, Hughes, C.J.. 

Justices dissenting: McReynolds, Van Devanter, Butler, Sutherland. 

383. Champlin Rfg. Co. v. Corporation Comm’n, 286 U.S. 210 (1932). 

Section of Oklahoma law which provided that any person violating the statute shall be subject to have his oil producing property 

placed in the hands of a receiver by a court at the instance of a suit 

filed by the state Attorney General but which restricted such receivership to the operation of producing wells and the marketing of the production thereof in conformity with this law was a penal provision and 

as such was void under the due process clause for the reason that it 

punished violations of regulatory provisions of the statute that were 

too vague to afford a standard of conduct. 

384. Anglo-Chilean Corp. v. Alabama, 288 U.S. 218 (1933). 

Alabama law which subjected foreign corporations to an annual 

franchise tax for doing business, levied at the rate of $2 for each 

$1,000 of capital employed in the State, violated both Art. I, § 10, cl. 

2, prohibiting state import duties and the commerce clause, when enforced against a foreign corporation, whose sole business in Alabama 

consisted of the landing, storing, and selling in original packages of 

goods imported from abroad. 

Justices concurring: Butler, McReynolds, Van Devanter, Roberts, Sutherland, Hughes, C.J.. 

Justices dissenting: Cardozo, Brandeis, Stone. 

STATE LAWS HELD UNCONSTITUTIONAL 2227

385. Louis K. Liggett Co. v. Lee, 288 U.S. 517 (1933). 

Florida Chain Store Tax Law, which levied a heavier privilege 

tax per store on the owner whose stores were in different counties 

than on the owner whose stores were all in the same county, effected 

an arbitrary discrimination amounting to a denial of equal protection 

of the laws. 

Justices concurring: Roberts, McReynolds, Sutherland, Butler, Van 

Devanter, Hughes, C.J.. 

Justices dissenting: Brandeis, Cardozo, Stone. 

386. Consolidated Textile Co. v. Gregory, 289 U.S. 85 (1933). 

Wisconsin law, insofar as it authorized service of process on a foreign corporation which sold goods in Wisconsin through a controlled 

subsidiary and hence was not carrying on any business in the State 

at the time of the attempted service was violative of due process, notwithstanding that the summons was served on an officer of the corporation temporarily in Wisconsin for the purpose of negotiating a 

controversy with a local attorney. 

387. Johnson Oil Co. v. Oklahoma ex rel. Mitchell, 290 U.S. 158 (1933). 

Oklahoma property tax law could not be enforced, consistently 

with due process, against the entire fleet of tank cars of an Illinois 

corporation that were used in transporting oil from its refinery in 

Oklahama to other States; instead, the State may base its tax on the 

number of cars which on the average were physically present within 

its boundaries. 

388. Southern Ry. v. Virginia, 290 U.S. 190 (1933). 

Virginia law which authorized an administrative officer to require 

railroads to eliminate grade crossing whenever, in his opinion, such 

alterations were necessary to promote public safety and convenience 

and afforded the railroads no notice or hearing on the existence of 

such necessity and no means of reviewing the officer’s decision was 

violative of due process. 

Justices concurring: McReynolds, Roberts, Butler, Van Devanter, Sutherland, Brandeis. 

Justices dissenting: Hughes, C.J., Stone, Cardozo. 

389. Morrison v. California, 291 U.S. 82 (1934). 

Section of California Alien Land Law which stipulated that when 

the State, in a prosecution for violation thereof, proved use or occupancy by an alien lessee, alleged in the indictment to be an alien ineligible for naturalization, the onus of proving citizenship shall devolve upon the defense, was arbitrary and violative of due process as 

applied to the lessee for the reason that a lease of land conveys no 

hint of criminality and there is no practical necessity for relieving the 

prosecution of the obligation of proving Japanese race. 

2228 STATE LAWS HELD UNCONSTITUTIONAL 

390. Standard Oil Co. v. California, 291 U.S. 242 (1934). 

California law which levied a license upon every distributor for 

each gallon of motor vehicle fuel sold and delivered by him in the 

State could not constitutionally be applied to the sale and delivery of 

gasoline to a military reservation as to which the United States had 

acquired exclusive jurisdiction. 

391. Hartford Accident & Ins. Co. v. Delta Pine Land Co., 292 U.S. 143 

(1934).

As judicially applied, Mississippi statutes which deemed all contracts of insurance and surety covering its citizens to have been made 

therein and which were enforced to facilitate recovery under an indemnity contract, consummated in Tennessee in conformity with the 

law of the latter where the insured, a Mississippi corporation, also 

conducted its business, and to nullify as contrary to Mississippi law 

nonobservance of a contractual stipulation as to the time for filing 

claims, were violative of due process in that the Mississippi laws were 

accorded effect beyond the territorial limits of Mississippi. 

392. McKnett v. St. Louis & S. F. Ry., 292 U.S. 230 (1934). 

Alabama law, as judicially construed, which precluded Alabama 

courts from entertaining actions against foreign corporations arising 

in other States under federal law, while permitting entertainment of 

like actions arising in other States under state law, was violative of 

the Constitution. 

393. W. B. Worthen Co. v. Thomas, 292 U.S. 426 (1934). 

Arkansas law which exempted life insurance proceeds from judicial process, when applied to prevent recovery by a creditor of the insured who had garnished the insurer prior to passage of the law, impaired the obligation of contract. 

Justices concurring: Hughes, C.J., Cardozo, Brandeis, Roberts, Stone, Sutherland (separately), Van Devanter (separately), McReynolds (separately), Butler (separately). 

394. Concordia Ins. Co. v. Illinois, 292 U.S. 535 (1934). 

Illinois tax laws were discriminatory and violative of the equal 

protection clause for the reason that they (1) subjected foreign insurance companies selling fire, marine, inland marine, and casualty insurance to two property taxes, one on tangible property and a second, 

on net receipts, including net receipts from their casualty business, 

while subjecting competing foreign insurance companies selling only 

casualty insurance to the single tax on tangible property; and (2) insofar as the net receipts were assessed at full value while other personal property in general was assessed at only 60% of value. 

Justices concurring: Van Devanter, Sutherland, Butler, McReynolds, Roberts.

STATE LAWS HELD UNCONSTITUTIONAL 2229

Justices dissenting: Cardozo, Brandeis, Stone. 

395. Cooney v. Mountain States Tel. Co., 294 U.S. 384 (1935). 

Montana laws which imposed an occupation tax on every telephone company providing service in the State imposed an invalid burden on interstate commerce when applied to a company which used 

the same facilities to furnish both interstate as well as intrastate 

services.

396. Baldwin v. G.A.F. Seelig, 294 U.S. 511 (1935). 

New York Milk Control Act, insofar as it prohibited the sale of 

milk imported from another State unless the price paid to the producer in the other State equalled the minimum prescribed for purchases from local producers, imposed an invalid burden on interstate 

commerce irrespective of resale of such milk in the original or other 

containers.

397. Stewart Dry Goods Co. v. Lewis, 294 U.S. 550 (1935). 

Kentucky law which taxed the sales of retailers at the rate of 1/ 

20 of 1% on the first $400,000 of gross sales, and which imposed increasing rates on each additional $100,000 of gross sales up to 

$1,000,000, with a maximum rate of 1% on sales over $1,000,000, was 

arbitrary and violative of the equal protection clause for the reason 

that there existed no reasonable relation between the amount of the 

tax and the value of the privilege of merchandising or between gross 

sales, the measure of the tax, and net profits. 

Justices concurring: Roberts, Sutherland, Van Devanter, Butler, 

McReynolds, Hughes, C.J.. 

Justices dissenting: Cardozo, Brandeis, Stone. 

398. Accord: Valentine v. A. & P. Tea Co., 299 U.S. 32 (1936), voiding a 

similar Iowa Chain Store Tax Act. 

Justices concurring: Roberts, Sutherland, Butler, McReynolds, Van 

Devanter, Hughes, C.J.. 

Justices dissenting: Brandeis, Cardozo. 

399. Panhandle Co. v. Highway Comm’n, 294 U.S. 613 (1935). 

Kansas law which, as judicially construed, empowered the state 

highway commission to order a pipe line company, at its own expense, 

to relocate its pipe and telephone lines, then located on a private 

right of way, in order to conform to plans adopted for new highways 

across the right of way, deprived the company of property without due 

process of law. 

Justices concurring: McReynolds, Butler, Van Devanter, Sutherland, Brandeis, Roberts, Stone (separately), Cardozo (separately), Hughes, C.J.. 

2230 STATE LAWS HELD UNCONSTITUTIONAL 

400. Broderick v. Rosner, 294 U.S. 629 (1935). 

New Jersey law, which prohibited institution of suits in New Jersey courts to enforce a stockholder’s statutory personal liability arising under the laws of another State and which was invoked to bar 

a suit by the New York Superintendent of Banks to recover assessments levied on New Jersey residents holding stock in a New York 

bank, was ineffective to prevent New Jersey courts from entertaining 

said action consistently with the full faith and credit clause. 

Justices concurring: Brandeis, Sutherland, Butler, Van Devanter, Stone, Roberts, McReynolds, Hughes, C.J.. 

Justices dissenting: Cardozo. 

401. Worthen Co. v. Kavanaugh, 295 U.S. 56 (1935). 

Arkansas law which reduced the remedies available to mortgagees in the event of a default on mortgage bonds issued by an improvement district, with the result that they were deprived of effective means of recovery for 6 c years, impaired the obligation of contract.

402. Georgia Ry. & Elec. Co. v. Decatur, 295 U.S. 165 (1935). 

Insofar as a Georgia law, which authorized a municipality to effect certain street improvements and to assess railways having tracks 

on such streets with the cost of such improvement, supported a presumption that a benefit accrued to the railway from said improvements which could not be rebutted by contrary proof offered in a court 

of law, the effect of the statute was to deny the railway a hearing essential to due process of law. 

Justices concurring: Sutherland, Butler, Van Devanter, McReynolds, Roberts, Hughes, C.J.. 

Justices dissenting: Stone, Brandeis, Cardozo. 

403. Senior v. Braden, 295 U.S. 422 (1935). 

Insofar as trust certificates held by a resident represented interests in various parcels of land located in, and outside of, Ohio, which 

afforded the holder no voice in the management of such property but 

only a right to share in the net income therefrom and in the proceeds 

from the sale thereof, such interests could be taxed only by a uniform 

rule according to value, and Ohio law which levied an intangible property tax thereon measured by income was violative of the equal protection and due process clauses. 

Justices concurring: McReynolds, Butler, Van Devanter, Sutherland, Roberts, Hughes, C.J.. 

Justices dissenting: Stone, Brandeis, Cardozo. 

404. Colgate v. Harvey, 296 U.S. 404 (1935). 

Vermont law which levied a 4% tax on income derived from loans 

made outside the State but which exempted entirely like income deVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00070 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2231

rived from money loaned within Vermont at interest not exceeding 5% 

per year embodied an arbitrary discrimination and abridged the privileges and immunities of United States citizens contrary to the Fourteenth Amendment. 

Justices concurring: Sutherland, Van Devanter, Butler, McReynolds, Roberts, Hughes, C.J.. 

Justices dissenting: Stone, Brandeis, Cardozo. 

405. Treigle v. Acme Homestead Ass’n, 297 U.S. 189 (1936). 

Louisiana law which abolished prior requirement that building 

and loan associations, when income was insufficient to pay all demands of withdrawing stockholders within 60 days, set apart 50% of 

receipts to pay such withdrawals and provided, instead, that the directors be vested with sole discretion as to the amount to be allocated 

for such withdrawals, impaired the obligation of contract as to a 

stockholder who, prior to such amending statute, gave notice of withdrawal and whose demand had not been paid. 

406. Grosjean v. American Press Co., 297 U.S. 233 (1936). 

Louisiana law which imposed a tax on the gross receipts derived 

from the sale of advertisements by newspapers enjoying a circulation 

of more than 20,000 copies per week unconstitutionally restricted 

freedom of the press contrary to the due process clause of the Fourteenth Amendment. 

407. Mayflower Farms v. Ten Eyck, 297 U.S. 266 (1936). 

New York Milk Control Act, which permitted milk dealers without well advertised trade names who were in business before April 10, 

1933, to sell milk in New York City at a price one cent below the minimum binding on competitors with well advertised trade names, subjected dealers without well advertised names who established their 

business after that date to a denial of equal protection of the law. 

Justices concurring: Roberts, Hughes, C.J., Van Devanter, Sutherland, Butler, McReynolds. 

Justices dissenting: Cardozo, Brandeis, Stone. 

408. Bingaman v. Golden Eagle Lines, 297 U.S. 626 (1936). 

New Mexico law which imposed an excise tax on the sale and use 

of gasoline and motor fuel and collected a license tax of $25 from 

users who import for use in New Mexico gasoline purchased in another State could not validly be imposed on a motor vehicle carrier 

engaged exclusively in interstate commerce which imported out-ofstate gasoline for use in New Mexico; for the tax was levied, not as 

compensation for the use of that State’s highways, but on the use of 

an instrumentality of interstate commerce. 

2232 STATE LAWS HELD UNCONSTITUTIONAL 

409. Fisher’s Blend Station v. State Tax Comm’n, 297 U.S. 650 (1936). 

Washington law which levied an occupation tax measured by 

gross receipts of radio broadcasting stations within that State whose 

programs were received by listeners in other States imposed an unconstitutional burden on interstate commerce. 

410. International Steel & I. Co. v. National Surety Co., 297 U.S. 657 

(1936).

Tennessee law relative to settlement of public construction contracts which retroactively released the surety on a bond given by a 

contractor as required by prior law for the security of claims of 

materialmen and substituted therefor, without the latter’s consent, 

the obligation of another bond impaired the obligation of contract. 

411. Graves v. Texas Company, 298 U.S. 393 (1936). 

Alabama law which imposed an excise tax on the sale of gasoline 

could not be enforced as to sales of gasoline to the United States. 

Justices concurring: Butler, Sutherland, Van Devanter, Roberts, Hughes, 

C.J., McReynolds. 

Justices dissenting: Cardozo, Brandeis. 

412. Morehead v. New York ex rel. Tipaldo, 298 U.S. 587 (1936). 

New York law which required employers to pay women minimum 

wages that would be not only equal to the fair and reasonable value 

of the services rendered but also sufficient to meet the minimum cost 

of living necessary for health deprived employers and employees of 

their freedom of contract without due process of law. 

Justices concurring: Butler, Van Devanter, McReynolds, Sutherland, Roberts.

Justices dissenting: Hughes, C.J., Brandeis, Stone, Cardozo. 

413. Binney v. Long, 299 U.S. 280 (1936). 

Massachusetts succession tax law whereunder succession to property through failure of an intestate to exercise a power of appointment under a non-testamentary conveyance of the property by deed 

or trust made after September 1, 1907, was not taxed, whereas if the 

conveyance was made before that date, the succession was not only 

taxable but the rate might be substantially increased by aggregating 

the value of that succession with other interests derived by the transferee by inheritance from the donee of the power, was discriminatory 

and violative of the equal protection clause of the Fourteenth Amendment.

Justices concurring: Roberts, Hughes, C.J., Van Devanter, Butler, Sutherland, McReynolds. 

Justices dissenting: Cardozo, Brandeis. 

STATE LAWS HELD UNCONSTITUTIONAL 2233

414. De Jonge v. Oregon, 299 U.S. 353 (1937). 

Oregon Criminal Syndicalism Law, invoked to punish participation in the conduct of a public meeting devoted to a lawful purpose 

merely because the meeting had been held under the auspices of an 

organization which taught or advocated the forcible overthrow of government but which did not engage in such advocacy during the meeting, was violative of freedom of assembly and freedom of speech guaranteed by the due process clause of the Fourteenth Amendment. 

415. New York ex rel. Rogers v. Graves, 299 U.S. 401 (1937). 

New York income tax law could not be extended to salaries of employees of the Panama Railroad Company by reason of the fact that 

the latter together with its employees was a federal instrumentality 

(Art. VI). 

416. Ingels v. Morf, 300 U.S. 290 (1937). 

California Caravan Act, which imposed a $15 fee on each motor 

vehicle transported from another State into California for the purposes of sale, imposed an unconstitutional burden on interstate commerce; the proceeds from such fees were not used to meet the cost of 

highway construction or maintenance, but instead to reimburse the 

State for the added expense of policing caravan traffic, and for that 

purpose the fee was excessive. 

417. Herndon v. Lowry, 301 U.S. 242 (1937). 

Georgia insurrection statute, which punished as a crime the acts 

of soliciting members for a political party and conducting meetings of 

a local unit of that party, where one of the doctrines of the party, established by reference to a document not shown to have been exhibited by any one, may be said to embrace ultimate resort in the indefinite future to violence against government, invaded freedom of speech 

as guaranteed by the due process clause of the Fourteenth Amendment.

Justices concurring: Roberts, Brandeis, Stone, Hughes, C.J., Cardozo. 

Justices dissenting: Van Devanter, McReynolds, Butler, Sutherland. 

418. Lindsey v. Washington, 301 U.S. 397 (1937). 

Washington statute which increased the severity of a penalty for 

a specific offense by mandating a sentence of 15 years and thereby 

removing the discretion of the judge to sentence for less than the 

maximum of 15 years, when applied retroactively to a crime committed before its enactment, was invalid as an ex post facto law.

419. Hartford Ins. Co. v. Harrison, 301 U.S. 459 (1937). 

Georgia law which prohibited stock insurance companies writing 

fire and casualty insurance from acting through agents who were 

their salaried employees, but which permitted mutual companies 

2234 STATE LAWS HELD UNCONSTITUTIONAL 

writing such insurance to do so, violated the equal protection clause 

of the Fourteenth Amendment. 

Justices concurring: McReynolds, Sutherland, Van Devanter, Butler, Hughes, 

C.J..

Justices dissenting: Roberts, Brandeis, Stone, Cardozo. 

420. Puget Sound Co. v. Tax Commission, 302 U.S. 90 (1937). 

Washington gross receipts tax law could not validly be enforced 

as to receipts accruing to a stevedoring corporation acting as an independent contractor in loading and unloading cargoes of vessels engaged in interstate or foreign commerce by longshoremen subject to 

its own direction and control; such business was a form of interstate 

and foreign commerce. 

421. James v. Dravo Contracting Co., 302 U.S. 134 (1937). 

West Virginia gross receipts tax law could not validly be enforced 

to sustain levy on that part of gross receipts of a federal contractor 

working on a federal installation in West Virginia which was derived 

from the fabrication of equipment at its Pennsylvania plant for which 

the contractor received payment prior to installation of such equipment on the West Virginia site owned by the Federal Government; for 

such compensable activities were completed beyond the jurisdiction of 

West Virginia. 

422. Connecticut General Life Ins. Co. v. Johnson, 303 U.S. 77 (1938). 

California law which levied a privilege tax on admitted foreign insurers, measured by gross premiums received, was violative of due 

process insofar as it affected premiums received in Connecticut on 

contracts of reinsurance consummated in the latter State and covering policies of life insurance issued by other insurers to residents 

of California; California was without power to tax activities conducted 

beyond its borders. 

Justices concurring: Stone, Hughes, C.J., McReynolds, Brandeis, Butler, Roberts.

Justice dissenting: Black. 

423. Indiana ex rel. Anderson v. Brand, 303 U.S. 95 (1938). 

Indiana law of 1933 which repealed tenure rights of certain 

teachers accorded under a Tenure Act of 1927 impaired the obligation 

of contract. 

Justices concurring: Roberts, Hughes, C.J., McReynolds, Brandeis, Butler, 

Stone.

Justice dissenting: Black. 

Accord: Indiana ex rel. Valentine v. Marker, 303 U.S. 628 (1938). 

424. Adams Mfg. Co. v. Storen, 304 U.S. 307 (1938). 

Indiana gross receipts tax law could not constitutionally be applied to gross receipts derived by an Indiana corporation from sales 

STATE LAWS HELD UNCONSTITUTIONAL 2235

in other States of goods manufactured in Indiana; as thus applied the 

law burdened interstate commerce. 

Justices concurring: Roberts, Hughes, C.J., Brandeis, Butler, Stone, Reed. 

Justices dissenting: Black (in part), McReynolds (in part). 

425. Freeman v. Hewit, 329 U.S. 239 (1946). 

The Indiana gross income tax imposes an unconstitutional burden 

on interstate commerce when applied to the receipt by one domiciled 

in the State of the proceeds of a sale of securities sent out of the State 

to be sold. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Rutledge, Burton.

Justices dissenting: Black, Douglas, Murphy. 

426. Indiana Dep’t of Revenue v. Nebeker, 348 U.S. 933 (1955). 

Indiana’s gross receipts tax law also could not be levied on receipts from the purchase and sale on margin of securities by resident 

owners through a nonresident broker engaged in interstate commerce. 

Justices concurring: Warren, C.J., Reed, Frankfurter, Burton, Clark, 

Minton.

Justices dissenting: Black, Douglas. 

427. Collins v. Yosemite Park Co., 304 U.S. 518 (1938). 

California Alcoholic Beverages Control Act, as to its regulatory 

provisions which embraced a fee for a license to import alcoholic beverages and control over importation of such beverages, could not be 

enforced, consistently with the Twenty-first Amendment, against a retail dealer doing business in a National Park as to which California 

retained no jurisdiction. 

428. Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938). 

A Missouri statute which accorded Negro residents financial aid 

to enable them to obtain instruction at out-of-state universities equivalent to that afforded exclusively to white students at the University 

of Missouri denies such Negroes the equal protection of the laws. The 

obligation of a State to give equal protection of the laws can be performed only where its laws operate, that is, within its own jurisdiction.

Justices concurring: Hughes, C.J., Brandeis, Stone, Roberts, Black, Reed. 

Justices dissenting: McReynolds, Butler. 

429. Gwin, White & Prince, Inc. v. Henneford, 305 U.S. 434 (1939). 

A Washington gross receipts tax levied on the privilege of engaging in business in the State cannot constitutionally be imposed on the 

gross receipts of a marketing agent for a federation of fruit growers 

whose business consists of the marketing of fruit shipped from Washington to places of sale in other States and foreign countries. Such a 

2236 STATE LAWS HELD UNCONSTITUTIONAL 

tax burdens interstate and foreign commerce contrary to Art. I, § 8, 

cl. 3. 

Justices concurring: Butler, McReynolds, Hughes, C.J., Brandeis, Stone, Roberts, Reed. 

Justice dissenting: Black. 

430. Hale v. Bimco Trading Co., 306 U.S. 375 (1939). 

Florida statute imposing an inspection fee of 15 cents per cwt. (60 

times the cost of the inspection) on cement imported from abroad is 

invalid under the commerce clause (Art. I, § 8, cl. 3). 

431. Lanzetta v. New Jersey, 306 U.S. 451 (1939). 

A New Jersey statute which stipulated that ‘‘any person not engaged in a lawful occupation, known to be a member of a gang of two 

or more persons, who had been convicted at least three times of being 

a disorderly person, or who has been convicted of any crime in New 

Jersey or any other State, is declared to be a gangster’’ and punishable upon conviction, is repugnant to the due process clause of the 

Fourteenth Amendment because of vagueness and uncertainty. 

432. Lane v. Wilson, 307 U.S. 268 (1939). 

An Oklahoma statute which provided that all persons, other than 

those who voted in 1914, qualified to vote in 1916 but who failed to 

register between April 30 and May 11, 1916, should be perpetually 

disenfranchised was found to be repugnant to the Fifteenth Amendment.

Justices concurring: Hughes, C.J., Roberts, Black, Reed, Frankfurter. 

Justices dissenting: McReynolds, Butler. 

433. Thornhill v. Alabama, 310 U.S. 88 (1940). 

An Alabama statute which forbids the publicizing of facts concerning a labor dispute, whether by printed sign, pamphlet, by word 

of mouth, or otherwise in the vicinity of the business involved, and 

without regard to the number of persons engaged in such activity, the 

peaceful character of their conduct, the nature of the dispute, or the 

accuracy or restraint of the language used in imparting information, 

is violative of freedom of speech and press guaranteed by the due 

process clause of the Fourteenth Amendment. 

Justices concurring: Hughes, C.J., Stone, Roberts, Black, Reed, Frankfurter, 

Douglas, Murphy. 

Justice dissenting: McReynolds. 

434. Cantwell v. Connecticut, 310 U.S. 296 (1940). 

A Connecticut statute which forbids any person to solicit money 

or valuables for any alleged religious cause, unless a license has first 

been procured from an official who is required to determine whether 

such cause is a religious one and who may deny issuance if he deterVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00076 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2237

mines that the cause is not, imposes a previous restraint of the free 

exercise of religion and effects a deprivation of liberty without due 

process of law in violation of the Fourteenth Amendment. 

435. McCarroll v. Dixie Lines, 309 U.S. 176 (1940). 

Gasoline carried by interstate motor busses through Arkansas for 

use as fuel in interstate transportation beyond the Arkansas line cannot be subject to an Arkansas tax imposed for maintenance of state 

highways and collected on every gallon of gasoline above 20 brought 

into the State in any motor vehicle for use in operating the same. The 

statute levying this tax imposes an unconstitutional burden on interstate commerce. 

Justices concurring: McReynolds, Stone, Hughes, C.J., Roberts, Reed (separately).

Justices dissenting: Black, Frankfurter, Douglas. 

436. Best v. Maxwell, 311 U.S. 454 (1940). 

A North Carolina statute which levies an annual privilege tax of 

$250 on every person or corporation, not a regular retail merchant in 

the State, who displays samples in any hotel room or house rented 

for the purpose of securing retail orders, cannot be applied to a nonresident merchant who took orders in the State and shipped interstate directly to customers. In view of the imposition of a one dollar 

per year license tax collected from regular retail merchants, the enforcement of the statute as to nonresidents effects an unconstitutional 

discrimination in favor of intrastate commerce contrary to Art. I, § 8, 

cl. 3. 

437. Wood v. Lovett, 313 U.S. 362 (1941). 

When Arkansas, with the help of a statute curing irregularities 

in a tax proceeding, sold land under a tax title which was valid, subsequent repeal of such curative statute was unconstitutional by reason of effecting an impairment of the obligation of contract (Art. I, § 

10, cl. 1). 

Justices concurring: Hughes, C.J., Stone, Roberts, Reed, Frankfurter. 

Justices dissenting: Black, Douglas, Murphy. 

438. Edwards v. California, 314 U.S. 160 (1941). 

A California statute making it a misdemeanor for any one knowingly to bring, or assist in bringing, into the State a nonresident, indigent person is invalid by reason of imposing an unconstitutional burden on interstate commerce. 

Justices concurring: Stone, C.J., Roberts, Reed, Frankfurter, Byrnes, Douglas, Black, Murphy, Jackson would have rested the invalidity on § 1 of the 

Fourteenth Amendment.. 

2238 STATE LAWS HELD UNCONSTITUTIONAL 

439. Taylor v. Georgia, 315 U.S. 25 (1942). 

A Georgia statute making it a crime for any person to contract 

with another to perform services of any kind, and thereupon obtain 

in advance money or other thing of value, with intent not to perform 

such service, and providing further that failure to perform the service 

or to return the money, without good and sufficient cause, shall 

amount to presumptive evidence of intent, at the time of making the 

contract, not to perform such service, is violative of the Thirteenth 

Amendment.

440. Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535 (1942). 

As applied to one convicted once of stealing chickens, and twice 

of robbery, an Oklahoma statute providing for the sterilization of habitual criminals, other than those convicted of embezzlement, or violation of prohibition and revenue laws, violates the equal protection 

clause of the Fourteenth Amendment. 

Justices concurring specially: Stone, C.J., Jackson. 

441. Pacific Coast Dairy v. Department of Agriculture, 318 U.S. 285 (1943). 

Calif. Agric. Code provided that the selling and delivery of milk 

‘‘at less than the minimum wholesale, retail prices effective in a marketing area’’ was an unfair practice warranting revocation of license 

or prosecution. Sales and deliveries of milk to the War Department 

on a federal enclave within a State over which the United States has 

acquired exclusive jurisdiction are not subject to regulation under a 

state milk stabilization law. 

Justices concurring: Stone, C.J., Roberts, Black, Reed, Douglas, Jackson. 

Justices dissenting: Frankfurter, Murphy. 

442. Mayo v. United States, 319 U.S. 441 (1943). 

The Florida Commercial Fertilizer Law, a comprehensive regulation of the sale or distribution of commercial fertilizer that required 

a label or stamp on each bag evidencing the payment of an inspection 

fee, could not constitutionally be applied to fertilizer that the United 

States owned and was distributing within the State pursuant to a 

provision of the Soil Conservation and Domestic Allotment Act. Federal instrumentalities are immune from state taxation and regulation 

unless Congress provides othewise, and Congress had not done so. 

443. Taylor v. Mississippi, 319 U.S. 583 (1943). 

General Laws of Mississippi, 1943, ch. 178, provided, in part, that 

the teaching and dissemination of printed matter designed to encourage disloyalty to the national and state governments, and the distribution of printed matter reasonably tending ‘‘to create an attitude 

of stubborn refusal to salute, honor, or respect the flag or Government 

of the United States, or of the State of Mississippi’’ was a felony. The 

STATE LAWS HELD UNCONSTITUTIONAL 2239

Fourteenth Amendment of the Constitution prohibits the imposition 

of punishment for: (1) urging and advising on religious grounds that 

citizens refrain from saluting the flag; and (2) the communication of 

beliefs and opinion concerning domestic measures and trends in national and world affairs, when this is without sinister purpose and not 

in advocacy of, or incitement to, subversive action against the Nation 

or State and does not involve any clear and present danger to our institutions or our Government. Conviction under the statute for disseminating literature reasonably tending to create an attitude of stubborn refusal to salute, honor or respect the national and state flags 

and governments denies the liberty guaranteed by the Fourteenth 

Amendment.

444. Pollock v. Williams, 322 U.S. 4 (1944). 

Florida Statute of 1941, sec. 817.09 and sec. 817.10, made it a 

misdemeanor to induce advances with intent to defraud by a promise 

to perform labor, and further made failure to perform labor for which 

money had been obtained prima facie evidence of intent to defraud. 

The statute is violative of the Thirteenth Amendment and the Federal 

Antipeonage Act for it cannot be said that a plea of guilty is 

uninfluenced by the statute’s threat to convict by its prima facie evidence section. 

Justices concurring: Roberts, Black, Frankfurter, Douglas, Murphy, Jackson, 

Rutledge.

Justices dissenting: Stone, C.J., Reed. 

445. United States v. Allegheny County, 322 U.S. 174 (1944). 

Pennsylvania law provided in part that ‘‘The following subjects 

and property shall be valued and assessed, and subject to taxation,’’and that taxes are declared ‘‘to be a first lien on said property.’’ 

The effect of an ad valorem property tax is to increase the valuation 

of the land and buildings of a manufacturer by the value of machinery leased to him by the United States and is therefore a tax on property owned by the United States and is violative of the Constitution. 

Justices concurring: Stone, C.J., Black, Reed, Douglas, Murphy, Jackson, Rutledge.

Justices dissenting: Roberts, Frankfurter. 

446. McLeod v. Dilworth Co., 322 U.S. 327 (1944). 

The commerce clause prohibits the imposition of an Arkansas 

sales tax on sales to residents of the State which are consummated 

by acceptance of orders in, and the shipments of goods from, another 

State, in which title passes upon delivery to the carrier. 

Justices concurring: Stone, C.J., Roberts, Reed, Frankfurter, Jackson. 

Justices dissenting: Black, Douglas, Murphy, Rutledge. 

2240 STATE LAWS HELD UNCONSTITUTIONAL 

447. Thomas v. Collins, 323 U.S. 516 (1945). 

A Texas statute required union organizers, before soliciting members, to obtain an organizer’s card from the Secretary of State. As applied in this case, the statute is violative of the First and Fourteenth 

Amendments in that it imposes a previous restraint upon the rights 

of free speech and free assembly. The First Amendment’s safeguards 

are not inapplicable to business or economic activity and restrictions 

of these activities can be justified only by clear and present danger 

to the public welfare. 

Justices concurring: Black, Douglas, Murphy, Jackson, Rutledge. 

Justices dissenting: Stone, C.J., Roberts, Reed, Frankfurter. 

448. Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945). 

An Ohio ad valorem tax on Philippine importations was violative 

of the constitutional prohibition of state taxation of imports for the 

reason that the place from which the imported articles are brought 

is not a part of the United States in the constitutional sense. 

Justices concurring: Stone, C.J., Roberts, Reed (dissenting in part), Frankfurter, Douglas (concurring in part), Murphy (concurring in part), Jackson, Rutledge (concurring in part). 

Justice dissenting: Black. 

449. Southern Pacific Co. v. Arizona, 325 U.S. 761 (1945). 

The Arizona Train Limit Law makes it unlawful to operate a 

train of more than fourteen passenger or seventy freight cars. As applied to interstate trains, this law contravenes the commerce clause 

of the Constitution. The state regulation passes beyond what is plainly essential for safety, since it does not appear that it will lessen, 

rather than increase, the danger of accident. 

Justices concurring: Stone, C.J., Roberts, Reed, Frankfurter, Murphy, Jackson, Rutledge. 

Justices dissenting: Black, Douglas. 

450. Marsh v. Alabama, 326 U.S. 501 (1946). 

Alabama law makes it a crime to enter or remain on the premises 

of another after having been warned not to do so. A State, consistently with the freedom of religion and the press guaranteed by the 

First and Fourteenth Amendments, cannot impose criminal punishment on a person for distributing religious literature on the sidewalk 

of a company-owned town contrary to regulations of the town’s management, where the town and its shopping district are freely accessible to and freely used by the public in general. 

Justices concurring: Black, Frankfurter, Douglas, Murphy, Rutledge. 

Justices dissenting: Stone, C.J., Reed, Burton. 

STATE LAWS HELD UNCONSTITUTIONAL 2241

451. Tucker v. Texas, 326 U.S. 517 (1946). 

Texas Penal Code makes it an offense for any ‘‘peddler or hawker 

of goods or merchandise’’ willfully to refuse to leave premises after 

having been notified to do so by the owner or possessor thereof. A 

State, consistently with the freedom of religion and the press guaranteed by the First and Fourteenth Amendments, cannot impose criminal punishment upon a person engaged in religious activities and distributing religious literature in a village owned by the United States 

under a congressional program designed to provide housing for workers engaged in national defense activities, where the village is freely 

accessible and open to the public. 

Justices concurring: Black, Frankfurter, Douglas, Murphy, Rutledge. 

Justices dissenting: Stone, C.J., Reed, Burton. 

452. Republic Pictures Corp. v. Kappler, 327 U.S. 757 (1946). 

Iowa statute, insofar as it required actions on claims arising 

under a federal statute not containing any period of limitations, to be 

commenced within six months, effected a denial of equal protection of 

law when enforced as to one seeking to recover under the Federal 

Fair Labor Standards Act; a State may not discriminate against 

rights accruing under federal laws by imposing as to the former a special period of limitations not applicable to other claims. 

453. Morgan v. Virginia, 328 U.S. 373 (1946). 

Virginia Code required motor carriers, both interstate and intrastate, to separate without discrimination white and colored passengers in their motor buses so that contiguous seats would not be 

occupied by persons of different races at the same time. Even though 

Congress has enacted no legislation on the subject, the state provisions are invalid as applied to passengers in vehicles moving interstate because they burden interstate commerce. 

Justices concurring: Black (separately), Reed, Frankfurter (separately), Douglas, Murphy, Rutledge. 

Justice dissenting: Burton. 

454. Richfield Oil Corp. v. State Board, 329 U.S. 69 (1946). 

The California Retail Sales Tax, measured by gross receipts, cannot constitutionally be collected on exports in the form of oil delivered 

from appellant’s dockside tanks to a New Zealand vessel in a California port for transportation to Auckland pursuant to a contract of 

sale with the New Zealand Government. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Douglas, Jackson, Rutledge, Burton. 

Justice dissenting: Black. 

2242 STATE LAWS HELD UNCONSTITUTIONAL 

455. Order of Travelers v. Wolfe, 331 U.S. 586 (1947). 

A South Dakota Law setting a six-year statute of limitations for 

commencing actions on contract and declaring void every stipulation 

in a contract which reduces the time during which a party may bring 

suit to enforce his rights cannot be applied to an action brought in 

South Dakota for benefits arising under the constitution of a fraternal 

benefit society incorporated in Ohio and licensed to do business in 

South Dakota. The claimant is bound by the limitation prescribed in 

the society’s constitution barring actions on claims six months after 

disallowance by the society, and South Dakota is required under the 

Federal Constitution to give full faith and credit to the public acts of 

Ohio.

Justices concurring: Vinson, C.J., Frankfurter, Reed, Jackson, Burton. 

Justices dissenting: Black, Douglas, Murphy, Rutledge. 

456. United States v. California, 332 U.S. 19 (1947). 

California statutes granting permits to California residents to 

prospect for oil and gas offshore, both within and outside a three-mile 

marginal belt, are void. California is not the owner of the three-mile 

marginal belt along its coast; the Federal Government rather than 

the State has paramount rights in and power over that belt, and full 

dominion over the resources of the soil under that water area. The 

United States is therefore entitled to a decree enjoining California 

and all persons claiming under it from continuing to trespass upon 

the area in violation of the rights of the United States. 

Justices concurring: Vinson, C.J., Black, Douglas, Murphy, Rutledge, Burton.

Justices dissenting: Reed, Frankfurter. 

457. Sipuel v. Board of Regents, 332 U.S. 631 (1948). 

Oklahoma constitutional and statutory provisions barring Negroes from the University of Oklahoma Law School violate the equal 

protection clause of the Fourteenth Amendment because the University Law School is the only institution for legal education maintained 

by the State. 

458. Oyama v. California, 332 U.S. 633 (1948).

The California Alien Land Law, forbidding aliens ineligible for 

American citizenship to acquire, own, occupy, lease or transfer agricultural land, and providing for escheat of any property acquired in 

violation of the statutes, cannot constitutionally by applied to effect 

an escheat of agricultural lands acquired in the name of a minor 

American citizen with funds contributed by his father, a Japanese 

alien ineligible for naturalization. The statute deprived the son of the 

equal protection of the laws and of his privileges as an American citizen, in violation of the Fourteenth Amendment. 

STATE LAWS HELD UNCONSTITUTIONAL 2243

Justices concurring: Vinson, C.J., Black, Frankfurter, Douglas, Murphy, Rutledge.

Justices dissenting: Reed, Jackson, Burton. 

459. Winters v. New York, 333 U.S. 507 (1948). 

A New York law creating a misdemeanor offense for publishing, 

selling, or otherwise distributing ‘‘any book, pamphlet, magazine, 

newspaper or other printed matter devoted to the publication, and 

principally made up of criminal laws, police reports, or accounts of 

criminal deeds, or pictures, or stories of deeds of bloodshed, lust or 

crime. . . ,’’ as construed by the state Court of Appeals to prohibit distribution of a magazine principally made up of news or stories of 

criminal deeds of bloodshed or lust so massed as to become a vehicle 

for inciting violent and depraved crimes against the person, is so 

vague and indefinite as to violate the Fourteenth Amendment by prohibiting acts within the protection of the guaranty of free speech and 

press.

Justices concurring: Vinson, Black, Reed, Douglas, Murphy, Rutledge. 

Justices dissenting: Frankfurter, Jackson, Burton. 

460. Toomer v. Witsell, 334 U.S. 385 (1948). 

A South Carolina law requiring a license of shrimp boat owners, 

the fee for which was $25 per boat for residents and $2,500 per boat 

for nonresidents, plainly discriminated against nonresidents and violated the privileges and immunities clause of Art. IV, § 2. The same 

law unconstitutionally burdened interstate commerce by requiring all 

boats licensed to trawl for shrimp in South Carolina waters to dock 

in the State and to unload their catch, pack, and properly stamp the 

catch before shipping or transporting it to another State. 

Justices concurring: Vinson, C.J., Reed, Douglas, Murphy, Rutledge, Burton, 

Black (dissenting in part), Frankfurter (dissenting in part), Jackson (dissenting in part). 

461. Takahashi v. Fish & Game Comm’n, 334 U.S. 410 (1948). 

California’s requirement that every person bringing fish ashore in 

the State for sale obtain a commercial fishing license, but denying 

such a license to any person ineligible for citizenship, precluded a 

resident Japanese alien from earning his living as a commercial fisherman in the ocean waters off the State and was invalid both under 

the equal protection clause of the Fourteenth Amendment and under 

federal statutory law (42 U.S.C. § 1981). 

Justices concurring: Vinson, C.J., Black, Frankfurter, Douglas, Murphy, Rutledge, Burton. 

Justices dissenting: Reed, Jackson. 

2244 STATE LAWS HELD UNCONSTITUTIONAL 

462. Greyhound Lines v. Mealey, 334 U.S. 653 (1948). 

New York constitutionally may tax gross receipts of a common 

carrier derived from transportation apportioned as to mileage within 

the State, but collection of the tax on gross receipts from that portion 

of the mileage outside the State unduly burdens interstate commerce 

in violation of the commerce clause of the Constitution. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Rutledge, Burton.

Justices dissenting: Black, Douglas, Murphy. 

463. H. P. Hood & Sons v. Du Mond, 336 U.S. 525 (1949). 

Denial of a license under the New York Agricultural and Market 

Law violated the commerce clause of the Constitution and the Federal 

Agricultural Marketing Act where the denial was based on grounds 

that the expanded facilities would reduce the supply of milk for local 

markets and result in destructive competition in a market already 

adequately served. 

Justices concurring: Vinson, C.J., Reed, Douglas, Jackson, Burton. 

Justices dissenting: Black, Frankfurter, Murphy, Rutledge. 

464. Schnell v. Davis, 336 U.S. 933 (1949). 

The Boswell Amendment to the Alabama Constitution, which 

vested unlimited authority in electoral officials to determine whether 

prospective voters satisfied the literacy requirement, violated the Fifteenth Amendment and the equal protection clause of the Fourteenth 

Amendment.

465. Union Nat’l Bank v. Lamb, 337 U.S. 38 (1949). 

Missouri law, providing that a judgment could not be revived 

after ten years from its rendition, could not be invoked, consistently 

with the full faith and credit clause, to prevent enforcement in a Missouri court of a Colorado judgment obtained in 1927 and revived in 

Colorado in 1946. 

Justices concurring: Vinson, C.J., Reed, Douglas, Murphy, Jackson, Burton. 

Justices dissenting: Black, Frankfurter, Rutledge. 

466. Wheeling Steel Corp. v. Glander, 337 U.S. 562 (1949). 

The Ohio ad valorem tax levied on accounts receivable of foreign 

corporations derived from sales of goods manufactured within the 

State, but exempting receivables owned by residents and domestic 

corporations, denied foreign corporations equal protection of the laws 

in violation of the Fourteenth Amendment. The tax was not saved 

from invalidity by the ‘‘reciprocity’’ provision of the statute imposing 

it, since this plan is not one which, by credit or otherwise, protects 

the nonresident or foreign corporation against discrimination. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Murphy, Jackson, Rutledge, Burton. 

STATE LAWS HELD UNCONSTITUTIONAL 2245

Justices dissenting: Black, Douglas. 

467. Treichler v. Wisconsin, 338 U.S. 251 (1949). 

Insofar as the Wisconsin emergency tax on inheritances is measured by tangible property located outside the State, the tax violates 

the due process clause of the Fourteenth Amendment. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Douglas, Burton, 

Clark, Minton. 

Justice dissenting: Black. 

468. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950). 

Notice by publication, as authorized by the New York Banking 

Law for purposes of enabling banks managing common trust funds to 

obtain a judicial settlement of accounts binding on all having an interest in such funds, is not sufficient under the due process clause of 

the Fourteenth Amendment for determining property rights of persons whose whereabouts are known. 

Justices concurring: Vinson, C.J., Black, Reed, Jackson, Clark, Minton, Frankfurter.

Justice dissenting: Burton. 

469. Sweatt v. Painter, 339 U.S. 629 (1950). 

Texas constitutional and statutory provisions restricting admission to the University of Texas Law School to white students violate 

the equal protection clause of the Fourteenth Amendment by reason 

of the fact that Negro students denied admission are afforded educational facilities inferior to those available at the University. 

470. United States v. Louisiana, 339 U.S. 699 (1950). 

The Louisiana Constitution provides that the Louisiana boundary 

includes all islands within three leagues of the coast; and Louisiana 

statutes provide that the State’s southern boundary is 27 marine 

miles from the shore line. Since the three-mile belt off the shore is 

in the domain of the Nation rather than that of the States, it follows 

that the area claimed by Louisiana extending 24 miles seaward beyond the three-mile belt is also in the domain of the Nation rather 

than Louisiana. The marginal sea is a national, not a state, concern 

and national rights are paramount in that area. The United States, 

therefore, is entitled to a decree upholding such paramount rights and 

enjoining Louisiana and all persons claiming under it from trespassing upon the area in violation of the rights of the United States, 

and requiring Louisiana to account for the money derived by it from 

the area after June 23, 1947. 

Justices concurring: Vinson, C.J., Black, Frankfurter, Douglas, Burton. 

Justices dissenting: Reed, Minton. 

2246 STATE LAWS HELD UNCONSTITUTIONAL 

471. United States v. Texas, 339 U.S. 707 (1950). 

Notwithstanding provisions in Texas laws whereby that State extended its boundary to a line in the Gulf of Mexico 24 marine miles 

beyond the three-mile limit and asserted ownership of the bed within 

that area and to the outer edge of the continental shelf, the United 

States is entitled to a decree sustaining its paramount rights to dominion of natural resources in said area, beyond the low-water mark 

on the coast of Texas and outside inland waters. Any claim which 

Texas may have asserted over the marginal belt when she existed as 

an independent Republic was relinquished upon her admission into 

the Union on an equal footing with the existing States. 

Justices concurring: Vinson, C.J., Black, Frankfurter, Douglas, Burton. 

Justices dissenting: Reed, Minton. 

472. McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950). 

Oklahoma law required segregation in educational facilities at institutions of higher learning. As applied to assign an African American student to a special row in the classroom, to a special table in 

the library, and to a special table in the cafeteria, the law impaired 

and inhibited the student’s ability to study, engage in discussion, exchange views with other students, and in general to learn his profession. The conditions under which the student was required to receive 

his education deprived him of his right to equal protection guaranteed 

by the Fourteenth Amendment. 

473. Norton Co. v. Department of Revenue, 340 U.S. 534 (1951). 

The Illinois occupation tax, levied on gross receipts from sales of 

tangible personal property, cannot be collected on orders sent directly 

by the customer to the head officer of a corporation in Massachusetts 

and shipped directly to the customers from that office. These sales are 

interstate in nature and are immune from state taxation by virtue of 

the commerce clause. 

Justices concurring: Vinson, C.J., Black (dissenting in part), Reed (dissenting 

in part), Frankfurter, Douglas (dissenting in part), Jackson, Burton, Clark 

(dissenting in part), Minton. 

474. Spector Motor Serv. v. O’Connor, 340 U.S. 602 (1951). 

A Connecticut franchise tax for the privilege of doing business in 

the State, computed at a nondiscriminatory rate on that part of a foreign corporation’s net income which is reasonably attributed to its 

business activities within the State and not levied as compensation 

for the use of highways, or collected in lieu of an ad valorem property

tax, or imposed as a fee for inspection, or as a tax on sales or use, 

cannot constitutionally be applied to a foreign motor carrier engaged 

exclusively in interstate trucking. A State cannot exact a franchise 

tax for the privilege of engaging in interstate commerce. 

STATE LAWS HELD UNCONSTITUTIONAL 2247

Justices concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Burton, 

Minton.

Justices dissenting: Black, Douglas, Clark. 

475. Hughes v. Fetter, 341 U.S. 609 (1951). 

The Wisconsin Wrongful Death Act, authorizing recovery ‘‘. . . 

only for a death caused in this State,’’ and thereby blocking recovery 

under statutes of other states, must give way to the strong unifying 

principle embodied in the full faith and credit clause looking toward 

maximum enforcement in each State of the obligations or rights created or recognized by the statutes of sister states. 

Justices concurring: Vinson, C.J., Black, Douglas, Burton, Clark. 

Justices dissenting: Reed, Frankfurter, Jackson, Minton. 

476. Standard Oil Co. v. Peck, 342 U.S. 382 (1952). 

When boats and barges of an Ohio corporation used in transporting oil along the Mississippi River do not pick up or discharge oil 

in Ohio, and, apart from stopping therein occasionally for fuel and repairs, are almost continuously outside Ohio and are subject, on an apportionment basis, to taxation by other States, an Ohio tax on their 

full value violates the due process clause of the Fourteenth Amendment.

Justices concurring: Vinson, C.J., Reed, Clark, Frankfurter, Douglas, Jackson, Burton. 

Justices dissenting: Black, Minton. 

477. Memphis Steam Laundry v. Stone, 342 U.S. 389 (1952). 

A Mississippi privilege tax, levied on the privilege of soliciting 

business for a laundry not licensed in the State and collected at the 

rate of $50 on each vehicle used in the business cannot validly be imposed on a foreign corporation operating an establishment in Tennessee and doing no business in Mississippi other than sending trucks 

thereto to solicit business, and pick up, deliver, and collect for laundry. A tax so administered burdens interstate commerce. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Douglas, Jackson, Burton, Clark, Minton. 

Justice dissenting: Black. 

478. First Nat’l Bank v. United Air Lines, 342 U.S. 396 (1952). 

Illinois law provided that ‘‘no action shall be brought or prosecuted in this state to recover damages for a death occurring outside 

of this state where a right of action for such death exists under the 

laws of the place where such death occurred and services of process 

in such suit may be had upon the defendant in such place.’’ In a suit 

brought in a federal district court in Illinois on grounds of diversity 

of citizenship to recover under the Utah death statute for a death ocVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00087 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
2248 STATE LAWS HELD UNCONSTITUTIONAL 

curring in Utah, the Illinois statute was held to violate the full faith 

and credit clause. 

Justices concurring: Vinson, C.J., Black, Douglas, Jackson, Burton, Clark, 

Minton.

Justices dissenting: Reed, Frankfurter. 

479. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495 (1952). 

Insofar as the New York Education Law forbids the commercial 

showing of any motion picture without a license and authorizes denial 

of a license on a censor’s conclusion that a film is ‘‘sacrilegious,’’ it is 

void as a prior restraint on freedom of speech and of the press under 

the First Amendment, made applicable to the States by the due process clause of the Fourteenth Amendment. The statute authorized designated officers to refuse to license the showing of any film which is 

obscene, indecent, immoral, inhuman, sacrilegious, or the exhibition 

of which would tend to corrupt morals or incite to crime. 

480. Kedroff v. St. Nicholas Cathedral, 344 U.S. 94 (1952). 

As construed and applied, Art. 5-C of the New York Religious 

Corporations Laws, which authorized transfer of administrative control of the Russian Orthodox churches of North America from the Supreme Church Authority in Moscow to the authorities selected by a 

convention of the North American churches, is invalid. Legislation 

which determines, in a hierarchical church, ecclesiastical administration or the appointment of the clergy, or transfers control of churches 

from one group to another, interferes with the free exercise of religion 

contrary to the Constitution. 

Justices concurring: Black, Douglas, Frankfurter, Vinson, C.J., Reed, Burton, Clark, Minton. 

Justice dissenting: Jackson. 

481. Wieman v. Updegraff, 344 U.S. 183 (1952). 

Oklahoma law requires each state officer and employee, as a condition of his employment, to take a ‘‘loyalty oath,’’ that he is not, and 

has not been for the preceding five years, a member of any organization listed by the Attorney General of the United States as ‘‘communist front’’ or ‘‘subversive.’’ As construed, this statute excludes persons from state employment on the basis of membership in an organization, regardless of their knowledge concerning the activities and 

purposes of the organization, and therefore violates the due process 

clause of the Fourteenth Amendment. 

482. Kern-Limerick, Inc. v. Scurlock, 347 U.S. 110 (1954). 

The Arkansas Gross Receipts Tax, levied on the gross receipts of 

sales within the State, cannot be applied to transactions whereby private contractors procured in Arkansas two tractors for use in constructing a naval ammunition depot for the United States under a 

STATE LAWS HELD UNCONSTITUTIONAL 2249

cost-plus-fixed-fee contract. Applicable federal laws provide that in 

procuring articles required for accomplishment of the agreement, the 

contractor shall act as purchasing agent for the Government and that 

the Government not only acquires title but shall be directly liable to 

the vendor for the purchase price. The tax is void as a levy on the 

Federal Government. 

Justices concurring: Reed, Frankfurter, Jackson, Burton, Clark, Minton. 

Justices dissenting: Warren, C.J., Black, Douglas. 

483. Michigan-Wisconsin Pipe Line Co. v. Calvert, 347 U.S. 157 (1954). 

A Texas tax on the occupation of ‘‘gathering gas’’ measured by the 

entire volume of gas ‘‘taken,’’ as applied to an interstate natural gas 

pipeline company, where the taxable incidence is the taking of gas 

from the outlet of an independent gasoline plant within the State for 

the purpose of immediate interstate transmission, is violative of the 

commerce clause. As here applied, the State delayed the incidence of 

the tax beyond the step where production and processing have ceased 

and transmission in interstate commerce has begun, so that the tax 

is not levied on the capture or production of the gas, but on its introduction into interstate commerce after production, gathering and 

processing.

484. Miller Bros. v. Maryland, 347 U.S. 340 (1954). 

Where residents of nearby Maryland make purchase from appellant in Delaware, some deliveries being made in Maryland by common carrier and some by appellant’s truck, seizure of the appellant’s 

truck in Maryland and holding it liable for the Maryland use tax on 

all goods sold in Delaware to Maryland customers is a denial of due 

process. The Delaware corporation has not subjected itself to the taxing power of Maryland and has not afforded Maryland a jurisdiction 

or power to impose upon it a liability for collections of the Maryland 

use tax. 

Justices concurring: Reed, Frankfurter, Jackson, Burton, Minton. 

Justices dissenting: Warren, C.J., Black, Douglas, Clark. 

485. Railway Express Agency v. Virginia, 347 U.S. 359 (1954). 

In addition to ‘‘taxes on property of express companies,’’ Virginia 

provided that ‘‘for the privilege of doing business in the State,’’ express companies shall pay an ‘‘annual license tax’’ upon gross receipts 

earned in the State ‘‘on business passing through, into, or out of, this 

State.’’ The gross-receipts tax is in fact and effect a privilege tax, and 

its application to a foreign corporation doing an exclusively interstate 

business violated the commerce clause of the Constitution. 

Justices concurring: Reed, Frankfurter, Jackson, Burton, Minton. 

Justices dissenting: Warren, C.J., Black, Douglas, Clark. 

2250 STATE LAWS HELD UNCONSTITUTIONAL 

486. Brown v. Board of Education, 347 U.S. 483 (1954). 

Kansas statutory provisions that authorized segregation of white 

and Negro children in ‘‘separate but equal’’ public schools denies to 

such Negro children the equal protection of the laws guaranteed by 

the Fourteenth Amendment. 

487. Accord: Briggs v. Elliott, 347 U.S. 483 (1954). 

South Carolina constitutional and statutory provisions requiring 

segregation of white and Negro students in public schools violate the 

Fourteenth Amendment. 

488. Accord: Davis v. County School Bd., 347 U.S. 483 (1954). 

Virginia constitutional and statutory provisions requiring segregation of white and Negro students in public schools violate the 

Fourteenth Amendment. 

489. Accord: Gebhart v. Belton, 347 U.S. 483 (1954). 

Delaware constitutional and statutory provisions requiring segregation of white and Negro students in public schools violate the 

Fourteenth Amendment. 

490. Castle v. Hayes Freight Lines, 348 U.S. 61 (1954). 

An Illinois law providing for a 90-day suspension of a motor carrier upon a finding of 10 or more violations of regulations calling for 

a balanced distribution of freight loads in relation to the truck’s axles 

cannot be applied to an interstate motor carrier holding a certificate 

of convenience and necessity issued by the Interstate Commerce Commission under the Federal Motor Carrier Act. A State may not suspend the carrier’s rights to use the State’s highways in its interstate 

operations. The Illinois law, as applied to such carrier, also violates 

the commerce clause. 

491. Society for Savings v. Bowers, 349 U.S. 143 (1955). 

Levy of Ohio’s property tax against a mutual saving bank and a 

federal savings and loan association in their own names, measured by 

the amount of each bank’s capital, surplus, or reserve and undivided 

profits, without deduction of the value of federal securities owned by 

each or provision for reimbursement of each bank by its depositors for 

the tax, is void as a tax upon obligations of the Federal Government 

(Art. VI, cl. 2). 

492. Griffin v. Illinois, 351 U.S. 12 (1956). 

Illinois statutes provide that a writ of error may be prosecuted 

on a ‘‘mandatory record’’ kept by the court clerk and consisting of the 

indictment, arraignment, plea, verdict, and sentence. The ‘‘mandatory 

record’’ can be obtained free of charge by an indigent defendant. In 

such instances review is limited to errors on the face of the mandatory record, and there is no review of trial errors such as an erroVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00090 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2251

neous ruling on admission of evidence. No provision was made whereby a convicted person in a non-capital case can obtain a bill of exceptions or report of the trial proceedings, which by statute is furnished 

free only to indigent defendants sentenced to death. Griffin, an indigent defendant convicted of robbery, accordingly was refused a free 

certified copy of the entire record, including a stenographic transcript 

of the proceedings, and therefore was unable to perfect his appeal 

founded upon nonconstitutional errors of the trial court. Petitioner 

was held to have been denied due process of law and the equal protection of the laws guaranteed by the Fourteenth Amendment. 

Justices concurring: Warren, C.J., Black, Frankfurter, Douglas, Clark. 

Justices dissenting: Reed, Burton, Minton, Harlan. 

493. Covey v. Town of Somers, 351 U.S. 141 (1956). 

New York statutory procedure which sanctioned notice by mail 

together with the posting of a copy of said notice at a local post office 

and the publication thereof in two local newspapers of proceedings to 

foreclose a lien for delinquent real estate taxes, was constitutionally 

inadequate and effected a taking of property without due process 

when employed in the foreclosure of the property of a mentally incompetent woman resident in the taxing jurisdiction and known by the 

officials thereof to be financially responsible but incapable of handling 

her affairs. 

Justice concurring: Frankfurter (separately). 

494. Walker v. Hutchinson City, 352 U.S. 112 (1956). 

Kansas statutes permitted condemnation proceedings to be instituted by notice either in writing or by publication in an official city 

paper. Where the commissioners, appointed to determine compensation in condemnation of appellant’s land, gave no notice of a hearing 

except by publication in the official city newspaper, though appellant 

was a resident of Kansas and his name was known to the city and 

on its official records, and there was no reason why direct notice could 

not be given, the newspaper publication alone did not measure up to 

the quality of notice the due process clause of the Fourteenth Amendment requires as a prerequisite to this type of proceeding. 

Justices concurring: Warren, C.J., Black, Reed, Douglas, Clark, Harlan. 

Justices dissenting: Frankfurter, Burton. 

495. Butler v. Michigan, 352 U.S. 380 (1957). 

The Michigan Penal Code proscribed the sale to the general reading public of any book containing obscene language ‘‘tending to the 

corruption of the morals of youth.’’ When invoked to convict a proprietor who sold a book having such a potential effect on youth to an 

adult police officer, the statute violated the due process clause of the 

2252 STATE LAWS HELD UNCONSTITUTIONAL 

Fourteenth Amendment. Thus enforced, the statute would permit the 

adult population of Michigan to read only what is fit for children. 

496. Gayle v. Browder, 352 U.S. 903 (1956). 

Alabama statutes and Montgomery City ordinances which required segregation of ‘‘white’’ and ‘‘colored’’ races on motor buses in 

the City were violative of the equal protection clause of the Fourteenth Amendment. 

497. Morey v. Doud, 354 U.S. 457 (1957). 

A provision of the Illinois Community Currency Exchange Act exempting money orders of a named company, the American Express 

Company, from the requirement that any firm selling or issuing 

money orders in the State must secure a license and submit to state 

regulation, denies equal protection of the laws to those entities that 

are not exempted. Although the Equal Protection Clause does not require that every state regulation apply to all in the same business, 

a statutory discrimination must be based on differences that are reasonably related to the purposes of the statute. 

Justices concurring: Warren, C.J., Douglas, Burton, Clark, Brennan, Whittaker.

Justices dissenting: Black, Frankfurter, Harlan. 

498. Eskridge v. Washington Prison Bd., 357 U.S. 214 (1958). 

Denial of a free trial transcript to an indigent criminal defendant 

pursuant to a Washington statute that authorized a trial judge to furnish a transcript to an indigent defendant if in the judge’s opinion 

′′justice will thereby be promoted′′ denied equal protection and due 

process because the indigent defendant did not have the same opportunity that was available to those who could afford the transcripts to 

have his case reviewed by an appellate court. 

Justices concurring: Warren, C.J., Douglas, Clark, Black, Burton, Brennan. 

Justices dissenting: Harlan, Whittaker. 

499. Speiser v. Randall, 357 U.S. 513 (1958). 

The California statutory provisions exacting as a prerequisite for 

property tax exemption that applicants therefor swear that they do 

not advocate the forcible overthrow of federal or state governments or 

the support of a foreign government against the United States during 

hostilities are unconstitutional insofar as they are enforced by procedures placing upon the taxpayer the burden of proving that he is not 

guilty of advocating that which is forbidden. Such procedures deprive 

the taxpayer of freedom of speech without the procedural safeguards 

required by the due process clause of the Fourteenth Amendment. 

Justices concurring: Black, Frankfurter, Douglas, Burton, Harlan, Brennan, 

Whittaker.

STATE LAWS HELD UNCONSTITUTIONAL 2253

Justice dissenting: Clark. 

Accord: First Unitarian Church v. City of Los Angeles, 357 U.S. 

545 (1958).Enforcement of the same oath requirement through statutory procedures which place upon taxpayers the burden of proving 

nonadvocacy violates the due process clause of the Fourteenth 

Amendment.Same division of Justices as in Speiser v. Randall. 

500. Bibb v. Navajo Freight Lines, 359 U.S. 520 (1959). 

Illinois statute which requires trucks and trailers operating on 

state highways to be equipped with specified type of rear fender mudguard, which is different from those permitted in at least 45 other 

States, and which would seriously interfere with ‘‘interline operations’’ of motor carriers cannot validly be applied to interstate motor 

carriers certified by the Interstate Commerce Commission, for the 

reason that interstate commerce is unreasonably burdened thereby. 

Justices concurring: Harlan (separately), Stewart (separately). 

501. State Athletic Comm’n v. Dorsey, 359 U.S. 533 (1959). 

Louisiana statute prohibiting athletic contests between Negroes 

and white persons was violative of the equal protection clause of the 

Fourteenth Amendment. 

502. Kingsley Pictures Corp. v. Regents, 360 U.S. 684 (1959). 

As construed and applied, the New York Education Law, which 

requires denial of a license to show a motion picture ‘‘presenting adultery as being right and desirable for certain people under certain circumstances,’’ is unconstitutional. Refusal of a license to show a motion picture found to portray adultery alluringly as proper behavior 

violates the freedom to advocate ideas guaranteed by the First 

Amendment and protected by the Fourteenth Amendment from infringement by the States. 

Justices concurring: Black (separately), Frankfurter (separately), Douglas 

(separately), Clark (separately), Harlan (separately). 

503. Faubus v. Aaron, 361 U.S. 197 (1959). 

Arkansas statutes which empowered the Governor to close the 

public schools and to hold an election as to whether or not the schools 

were to be integrated as well as to withhold public moneys, hitherto 

allocated to such schools, on the occasion of their closing and to make 

such funds available to other public schools or nonprofit private 

schools to which pupils from a closed school might transfer were violative of the due process and equal protection clauses of the Fourteenth Amendment. 

504. Phillips Co. v. Dumas School Dist., 361 U.S. 376 (1960). 

Texas statutes discriminated against the United States in violation of Article VI, clause 2, by levying a tax on federally owned land 

2254 STATE LAWS HELD UNCONSTITUTIONAL 

and improvements used and occupied by a private concern that was 

more burdensome than the tax imposed on similarly situated lessees 

of property owned by Texas and its subdivisions. 

Justices concurring: Brennan, Clark, Black, Douglas, Stewart, Warren, C.J., 

Whittaker, Harlan, Frankfurter (separately). 

505. Rohr Aircraft Corp. v. San Diego County, 362 U.S. 628 (1960). 

Property taxes assessed under California law could not be levied 

on real estate owned by the Reconstruction Finance Corporation after 

the latter had declared the property to be surplus and surrendered it 

to the War Assets Administration for disposal; this exemption arose 

even before execution of a quitclaim deed transferring title from the 

RFC to the United States and even though a property had been 

leased to a private lessee in the name of both the RFC and the United 

States.

Justices concurring: Clark, Warren, C.J., Harlan, Stewart, Frankfurter, Brennan, Whittaker. 

Justices dissenting: Douglas, Black. 

506. Gomillion v. Lightfoot, 364 U.S. 339 (1960). 

Alabama statute which altered the boundaries of the City of 

Tuskegee in such manner as to eliminate all but four or five of its 

400 African American voters without eliminating any white voter was 

violative of the Fifteenth Amendment. 

Justice concurring: Whittaker (separately). 

507. Shelton v. Tucker, 364 U.S. 479 (1960). 

Arkansas statute which required every school teacher, as a condition of employment in state-supported schools and colleges, to file an 

affidavit listing every organization to which he had belonged or contributed within the preceding five years deprived teachers of 

associational freedom guaranteed by the due process clause of the 

Fourteenth Amendment. 

Justices concurring: Stewart, Warren, C.J., Brennan, Douglas, Black. 

Justices dissenting: Frankfurter, Clark, Harlan, Whittaker. 

508. Bush v. Orleans Parish School Bd., 364 U.S. 500 (1961). 

The Louisiana interposition statute, which averred that the decision in the school segregation case (Brown v. Board of Education, 347 

U.S. 483 (1954)) constituted usurpation of state power and which 

interposed the sovereignty of the State against enforcement of that 

decision, did not assert ‘‘a constitutional doctrine,’’ and if taken seriously, is legal defiance of constitutional authority. 

509. Orleans Parish School Bd. v. Bush, 365 U.S. 569 (1961). 

Louisiana statutes which (1) provided for segregation of races in 

public schools and the withholding of funds from integrated schools; 

STATE LAWS HELD UNCONSTITUTIONAL 2255

(2) conferred on the Governor the right to close all schools upon the 

integration of any one of them; and (3) directed the Governor to supersede a school board under a court order to desegregate and take 

over management of public schools, were unconstitutional and denial 

of equal protection of the laws. 

510. Ferguson v. Georgia, 365 U.S. 570 (1961). 

When, by reason of a Georgia law which granted defendant in a 

criminal trial the right to make an unsworn statement to the jury 

without subjecting himself to cross-examination, defendant’s counsel 

was denied the right to ask him any question when he took the stand 

to make his unsworn statement, such application of the Georgia law 

deprived the defendant of the effective assistance of counsel without 

due process of law. 

Justices concurring: Frankfurter (separately), Clark (separately). 

511. Louisiana ex rel. Gremillion v. NAACP, 366 U.S. 293 (1961). 

Louisiana statute which prohibited any ‘‘non-trading’’ association 

from doing business in Louisiana if it is affiliated with any ‘‘foreign 

or out-of-state non-trading’’ association, any of the officers or directors 

of which are members of subversive organizations as cited by a House 

committee or by the United States Attorney General, and which required every non-trading association with an out-of-state affiliate to 

file annually an affidavit that none of the officers of the affiliate is 

a member of such organizations, was void for vagueness and violative 

of due process. 

Justices concurring: Harlan (separately), Stewart (separately), Frankfurter 

(separately), Clark (separately). 

512. Torcaso v. Watkins, 367 U.S. 488 (1961). 

Maryland constitutional provision under which an appointed notary public who would not declare his belief in God was denied his 

commission imposed an invalid test for public office violative of freedom of belief and religion as guaranteed by the First Amendment, applicable through the due process clause of the Fourteenth Amendment.

Justices concurring: Frankfurter (separately), Harlan (separately). 

513. Marcus v. Search Warrant, 367 U.S. 717 (1961). 

Missouri statutory procedure which enabled a city police officer, 

in an ex parte proceeding, to obtain from a trial judge search warrants authorizing seizure of all ‘‘obscene’’ material possessed by 

wholesale and retail distributors without granting the latter a hearing or even seeing any of such materials in question and without 

specifying any particular publications, sanctioned search and seizure 

tactics violative of due process. 

2256 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: Black (separately), Douglas (separately). 

514. Tugwell v. Bush, 367 U.S. 907 (1961). 

Louisiana statute which punished the giving to or acceptance by 

any parent of anything of value as an inducement to sending his child 

to a school operated in violation of Louisiana law was void for vagueness and was designed to scuttle a desegregation program. 

515. Legislature of Louisiana v. United States, 367 U.S. 908 (1961). 

Louisiana statutes which purported to remove New Orleans 

school board and replace it with a new group appointed by the legislature, which deprived the board of its attorney and substituted the 

Louisiana Attorney General, and a resolution addressing out of office 

the school superintendent chosen by the board, were unconstitutional 

and violative of the equal protection clause of the Fourteenth Amendment.

516. Cramp v. Board of Pub. Instruction, 368 U.S. 278 (1961). 

Florida statute which required state and local public employees 

to swear that they had never lent their ‘‘aid, support, advice, counsel, 

or influence to the Communist Party,’’ and which subjected them to 

discharge for refusal, was void for vagueness and violative of due 

process.

Justices concurring: Black (separately), Douglas (separately). 

517. St. Helena Parish School Bd. v. Hall, 368 U.S. 515 (1962). 

Louisiana statute which authorized the school board of a municipally operated school system to close the schools upon a vote of the 

electors and which provided that the board might then lease or sell 

any school building, but which subjected to extensive state control 

and financial aid the private schools which might acquire such buildings was violative of the equal protection of the laws in that it was 

intended to continue segregation in schools. 

518. Bailey v. Patterson, 369 U.S. 31 (1962). 

Mississippi statutes which required racial segregation at interstate and intrastate transportation facilities denied equal protection 

of the law. 

519. Turner v. City of Memphis, 369 U.S. 350 (1962). 

Tennessee statute, and administrative regulation issued under 

the authority thereof, insofar as they sanctioned racial segregation in 

a private restaurant operated on premises leased from a city at its 

municipal airport, denied equal protection of the law. 

520. Central R.R. v. Pennsylvania, 370 U.S. 607 (1962). 

Pennsylvania’s capital stock tax, in the nature of a property tax, 

could not be collected on that portion of a railroad’s cars (158 out of 

STATE LAWS HELD UNCONSTITUTIONAL 2257

3074) which represented the daily average of its cars located on a 

New Jersey railroad’s lines during a taxable year; as to the latter portion of its cars the tax was violative of the commerce clause and the 

due process clause. 

Justice concurring: Black (separately). 

521. Robinson v. California, 370 U.S. 660 (1962). 

California statute which, as construed, made the ‘‘status’’ of narcotics addiction a criminal offense, even though the accused had never 

used narcotics in California and had not been guilty of antisocial behavior in California, was void as inflicting cruel and unjust punishment proscribed by the due process clause of the Fourteenth Amendment.

Justices concurring: Stewart, Warren, C.J., Brennan, Douglas (separately), 

Harlan (separately), Black. 

Justices dissenting: Clark, White. 

522. Lassiter v. United States, 371 U.S. 10 (1962). 

Louisiana laws which segregated passengers in terminal facilities 

of common carriers were unconstitutional by reason of conflict with 

federal law and the equal protection clause. 

523. NAACP v. Button, 371 U.S. 415 (1963). 

Virginia law which expanded malpractice by attorneys to include 

acceptance of employment or compensation from any person or organization not a party to a judicial proceeding and having no pecuniary 

right or liability in it and which made it an offense for such person 

or organization to solicit business for an attorney was violative of 

freedom of expression and association, as guaranteed by the due process clause of the Fourteenth Amendment when enforced against a corporation, including its attorneys and litigants, whose major purpose 

is the elimination of racial segregation through litigation which it solicits, institutes, and finances. 

Justices concurring: Brennan, Warren, C.J., Goldberg, Douglas (separately), 

Black.

Justices dissenting: White (in part), Harlan, Clark, Stewart. 

524. Gideon v. Wainwright, 372 U.S. 335 (1963). 

Florida statutory provision which did not accord indigent defendants the protection of court appointed counsel in noncapital felony offenses deprived such defendants of due process of law. 

Justices concurring: Douglas (separately), Clark (separately), Harlan (separately).

525. Gray v. Sanders, 372 U.S. 368 (1963). 

Georgia county unit system for nominating candidates in primaries for state-wide offices, including United States Senators, as set 

2258 STATE LAWS HELD UNCONSTITUTIONAL 

forth in statutory provisions, violated the principle of ‘‘one-person, one 

vote’’ as required by the equal protection clause of the Fourteenth 

Amendment.

Justices concurring: Douglas, Stewart (separately), Clark (separately), Warren, C.J., Brennan, White, Goldberg, Black. 

Justice dissenting: Harlan. 

526. Lane v. Brown, 372 U.S. 477 (1963). 

Indiana Public Defender Act, insofar as it empowered the Public 

Defender to refuse to perfect an appeal for an indigent defendant 

whenever the former believed such an appeal would be unsuccessful 

and which, independently of such intervention by the Defender, afforded such defendant no alternative means of obtaining a transcript 

of a coram nobis hearing requisite to perfect an appeal from a trial 

court’s denial of a writ of error coram nobis, effected a discriminatory 

denial of a privilege available as of right to a defendant with the requisite funds and was violative of the equal protection clause of the 

Fourteenth Amendment. 

Justices concurring: Harlan (separately), Clark (separately). 

527. Halliburton Oil Well Co. v. Reily, 373 U.S. 64 (1963). 

Louisiana use tax, as herein enforced, effected an invalid discrimination against interstate commerce in that the isolated purchase 

of an item of used equipment in Louisiana was not subject to its sales 

tax whereas an Oklahoma contractor was subjected to the Louisiana 

use tax on an item of used equipment employed in servicing wells in 

Louisiana which had been acquired in Oklahoma; and further that 

the Louisiana sales or use tax was computed on the cost of components purchased in Louisiana or purchased out of state for assembly 

and use in Louisiana whereas here the contractor paid a use tax on 

equipment assembled in Oklahoma which reflected not only the purchase price of the components but also the cost of labor and shop 

overhead incurred in assembling the components into a usable item 

of equipment. 

Justices concurring: Warren, C.J., Douglas, Goldberg, Stewart, White, Harlan, Brennan (separately). 

Justices dissenting: Clark, Black. 

528. Willner v. Committee on Character, 373 U.S. 96 (1963). 

New York statutory procedure governing admission to practice 

law, insofar as it failed to make provision, in cases of denial of admission, for a hearing on the grounds for rejection to be accorded the applicant, either before the Committee on Character Fitness established 

by the Appellate Division of its Supreme Court, or before the Appellate Division itself, was defective and amounted to a denial of due 

process.

STATE LAWS HELD UNCONSTITUTIONAL 2259

Justices concurring: Douglas, Black, White, Warren, C.J., Goldberg, Brennan, Stewart (separately). 

Justices dissenting: Harlan, Clark. 

529. Peterson v. City of Greenville, 373 U.S. 244 (1963). 

When a city ordinance required separation of the races in restaurants, South Carolina trespass statute, when enforced against African Americans who refused to leave a lunch counter in a retail 

store, amounted to a denial of equal protection of the laws. 

Justice concurring: Harlan (separately). 

530. Accord: Gober v. City of Birmingham, 373 U.S. 374 (1963), as to an 

Alabama law on trespass. 

Justices concurring: Warren, C.J., Black, Douglas, Goldberg, White, Clark, 

Brennan, Stewart. 

Justice dissenting: Harlan. 

531. Lombard v. Louisiana, 373 U.S. 267 (1963). 

When local community policy, as administered by municipal law 

enforcement officers, proscribed ‘‘sit-in demonstrations’’ protesting refusal of store proprietors to serve African Americans at lunch 

counters reserved for white patrons, the Louisiana Criminal Mischief 

Statute could not be invoked, without violation of the equal protection 

clause of the Fourteenth Amendment, to punish African Americans 

who engaged in such demonstrations. 

Justices concurring: Warren, C.J., Douglas (separately), Black, Brennan, 

White, Stewart, Goldberg, Clark. 

Justice dissenting: Harlan. 

532. Wright v. Georgia, 373 U.S. 284 (1963). 

Georgia unlawful assemblies act, which rendered persons open to 

conviction for a breach of the peace upon their refusal to disperse 

upon command of police officers, was void for vagueness and violative 

of due process in that it did not give adequate warning to Negroes 

that peaceable playing of basketball in a municipal park would expose 

them to prosecution for violation of said statute. 

Justice concurring: Harlan (separately). 

533. Abington School Dist. v. Schempp, 374 U.S. 203 (1963). 

Pennsylvania law which required the reading, without comment, 

of verses from the Holy Bible at the opening of each public school day 

was violative of the prohibition against the enactment of any law respecting an establishment of religion as embraced within the due 

process clause of the Fourteenth Amendment. 

Justices concurring: Clark, Douglas (separately), Brennan (separately), Goldberg (separately), Harlan (concurs with latter), Warren, C.J., White, 

Black.

2260 STATE LAWS HELD UNCONSTITUTIONAL 

Justice dissenting: Stewart. 

534. Sherbert v. Verner, 374 U.S. 398 (1963). 

South Carolina Unemployment Compensation Act, which withheld benefits and deemed ineligible for the receipt thereof a person 

who has failed without good cause to accept available work when offered to him, if construed as barring a Seventh-Day Adventist from 

relief because of religious scruples against working on Saturday, 

abridged the latter’s right to the free exercise of religion contrary to 

the due process clause of the Fourteenth Amendment. 

Justices concurring: Brennan, Clark, Warren, C.J., Goldberg, Black, Douglas, Stewart (separately). 

Justices dissenting: Harlan, White. 

535. Polar Ice Cream & Creamery Co. v. Andrews, 375 U.S. 361 (1964). 

Florida statute and regulations implementing it which required 

milk distributor to purchase its total supply of fluid milk from area 

producers at a fixed price and to take all milk which these producers 

offered was invalid under the commerce clause since they interfered 

with distributor’s purchases of milk from out-of-state producers. 

536. Anderson v. Martin, 375 U.S. 399 (1964). 

Louisiana statute requiring that in all primary, general, or special elections, the nomination papers and ballots shall designate the 

race of the candidates violated the equal protection clause. 

537. Wesberry v. Sanders, 376 U.S. 1 (1964). 

Georgia statute establishing congressional districts of grossly unequal populations violates Article I, § 2, of the Constitution. 

Justices concurring: Black, Douglas, Brennan, White, Goldberg, Warren, 

C.J..

Justices concurring in part and dissenting in part: Clark. 

Justices dissenting: Harlan, Stewart. 

538. Accord: Martin v. Bush, 376 U.S. 222 (1964). 

Texas statute establishing congressional districts of grossly unequal populations is unconstitutional on authority of Wesberry v. 

Sanders, 376 U.S. 1 (1964). Same division of Justices as in Wesberry 

v. Sanders. 

539. City of New Orleans v. Barthe, 376 U.S. 189 (1964). 

District court decision holding unconstitutional Louisiana statute 

requiring segregation of races in public facilities is affirmed. 

540. Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225 (1964). 

Illinois unfair competition law cannot be applied to bar or penalize the copying of a product which does not qualify for a federal patent inasmuch as this use of the state law conflicts with the exclusive 

STATE LAWS HELD UNCONSTITUTIONAL 2261

power of the Federal Government to grant patents only to true inventions and then only for a limited time. 

541. Baggett v. Bullitt, 377 U.S. 360 (1964). 

Washington statutes requiring state employees to swear that they 

are not subversive persons and requiring teachers to swear to promote by precept and example respect for flag and institutions of 

United States and Washington, reverence for law and order, and undivided allegiance to Federal Government, are void for vagueness. 

Justices concurring: White, Black, Douglas, Brennan, Stewart, Goldberg, Warren, C.J.. 

Justices dissenting: Clark, Harlan. 

542. Hostetter v. Idlewild Bon Voyage Liquor Corp., 377 U.S. 324 (1964). 

New York law regulating sale of alcoholic beverages could not 

constitutionally be applied to dealer who sold bottled wines and liquors to departing international airline travelers at JFK airport in 

New York. 

Justices concurring: Stewart, Douglas, Clark, White, Warren, C.J.. 

Justices dissenting: Black, Goldberg. 

543. Accord: Department of Alcoholic Beverage Control v. Ammex Warehouse 

Co., 378 U.S. 124 (1964). Lower court voiding of California law affirmed 

on authority of Hostetter. Same division of Justices as Hostetter. 

544. Department of Revenue v. James B. Beam Distilling Co., 377 U.S. 341 

(1964).

Kentucky statute providing for a tax of ten cents per gallon on 

the importation of whiskey into the State, which was collected while 

the whiskey was in unbroken packages in importer’s possession was 

unconstitutionally applied to the importer of Scotch whiskey from 

abroad under Art. I, § 10, cl. 2. 

Justices concurring: Stewart, Douglas, Clark, White, Warren, C.J.. 

Justices dissenting: Black, Goldberg. 

545. Chamberlin v. Dade County Bd. of Public Instruction, 377 U.S. 402 

(1964).

Florida statute providing for prayer and devotional reading in 

public schools is unconstitutional. 

546. Reynolds v. Sims, 377 U.S. 533 (1964). 

Alabama constitutional and statutory provisions which do not apportion seats in both houses of legislature on a population basis violated the equal protection clause. 

Justices concurring: Warren, C.J., Black, Douglas, Brennan, Goldberg, 

White.

Justices concurring specially: Clark, Stewart. 

2262 STATE LAWS HELD UNCONSTITUTIONAL 

Justice dissenting: Harlan. 

547. Accord: WMCA, Inc. v. Lomenzo, 377 U.S. 633 (1964). 

New York constitutional and statutory provisions which do not 

apportion seats in both houses of legislature on population basis is 

unconstitutional.

Justices concurring: Warren, C.J., Black, Douglas, Brennan, Goldberg, 

White.

Justice concurring specially: Clark. 

Justices dissenting: Harlan, Stewart. 

548. Accord: Maryland Comm. for Fair Representation v. Tawes, 377 U.S. 

656 (1964). Same division of Justices as in Lomenzo. 

549. Accord: Davis v. Mann, 377 U.S. 678 (1964). Virginia. Same division 

of Justices as in Lomenzo. 

550. Accord: Roman v. Sincock, 377 U.S. 695 (1964). Delaware. Same division of Justices as in Lomenzo, except Justice Stewart concurring specially.

551. Accord: Lucas v. Forty-Fourth General Assembly of Colorado, 377 U.S. 

713 (1964). 

Apportionment formula for state legislature written into state 

constitution invalid under equal protection clause even though approved by electorate in referendum. 

Justices concurring: Warren, C.J., Black, Douglas, Brennan, Goldberg, 

White.

Justices dissenting: Clark, Harlan, Stewart. 

552. Accord: Meyers v. Thigpen, 378 U.S. 554 (1964). Washington Legislature. Same division of Justices as in Lomenzo, except Justice Stewart 

favored limited remand. 

553. Accord: Williams v. Moss, 378 U.S. 558 (1964). Oklahoma Legislature. 

Same division of Justices as in Reynolds v. Sims. 

554. Accord: Pinney v. Butterworth, 378 U.S. 564 (1964). Connecticut Legislature. Same division of Justices as in Reynolds v. Sims. 

555. Accord: Hill v. Davis, 378 U.S. 565 (1964). Iowa Legislature. Same division of Justices as in Reynolds v. Sims. 

556. A Quantity of Copies of Books v. Kansas, 378 U.S. 205 (1964). 

Statute authorizing issuance of ex parte warrant for seizure of allegedly obscene materials prior to a hearing on the issue of obscenity 

is invalid under First and Fourteenth Amendments. 

Justices concurring: Brennan, White, Goldberg, Warren, C.J.. 

Justices concurring specially: Black, Douglas; Stewart. 

Justices dissenting: Harlan, Clark. 

STATE LAWS HELD UNCONSTITUTIONAL 2263

557. Tancil v. Woolls, 379 U.S. 19 (1964). 

District court decisions holding unconstitutional Virginia statutes 

requiring notation of race in divorce decrees and separation by race 

of names on registration, poll tax, and residence certificate lists, and 

on assessment rolls are affirmed. 

558. Garrison v. Louisiana, 379 U.S. 64 (1964). 

Louisiana’s Criminal Defamation Statute is unconstitutional as 

applied to criticism of official conduct of public officials because it incorporates standards of malice and truthfulness at variance with New

York Times v. Sullivan, 376 U.S. 254 (1964). 

559. McLaughlin v. Florida, 379 U.S. 184 (1964) 

Criminal statute prohibiting an unmarried interracial couple 

from habitually living in and occupying the same room in the nighttime violates equal protection clause. 

560. Stanford v. Texas, 379 U.S. 476 (1965). 

Section of law providing for suppression of Communist Party and 

authorizing issuance of search warrants for subversive books and 

other materials is constitutionally defective because it does not require a description with particularity of the things to be seized. 

561. Cox v. Louisiana, 379 U.S. 536 (1965). 

Louisian breach of the peace statute is unconstitutionally vague. 

562. Freedman v. Maryland, 380 U.S. 51 (1965). 

Maryland censorship statute requiring prior submission of films 

for review is invalid in absence of procedural safeguards eliminating 

dangers of censorship. 

563. Carrington v. Rash, 380 U.S. 89 (1965). 

Texas constitutional provision prohibiting any member of Armed 

Forces who moves into the State from ever voting in Texas while a 

member of the Armed Forces violates the equal protection clause. 

Justices concurring: Stewart, Black, Douglas, Clark, Brennan, White, Goldberg.

Justice dissenting: Harlan. 

564. Louisiana v. United States, 380 U.S. 145 (1965). 

Constitutional and statutory provisions requiring prospective voters to satisfy registrars of their ability to understand and give reasonable interpretation of any section of United States or Louisiana Constitutions violate Fourteenth and Fifteenth Amendments. 

565. Reserve Life Ins. Co. v. Bowers, 380 U.S. 258 (1965). 

Ohio statute imposing personal property tax upon furniture and 

fixtures used by foreign insurance company in doing business in Ohio 

2264 STATE LAWS HELD UNCONSTITUTIONAL 

but not imposing similar tax upon furniture and fixtures used by domestic insurance companies violates equal protection clause. 

566. American Oil Co. v. Neill, 380 U.S. 451 (1965). 

Idaho tax statute applied to levy an excise tax on licensed Idaho 

motor fuel dealer’s sale and transfer of gasoline in Utah for importation into Idaho by purchaser violated due process clause of Fourteenth Amendment. 

Justices concurring: Warren, C.J., Douglas, Clark, Harlan, Brennan, Stewart, White, Goldberg. 

Justices dissenting: Black. 

567. Dombrowski v. Pfister, 380 U.S. 479 (1965). 

Louisiana Subversive Activities and Communist Control Law is 

unconstitutional because of overbreadth of its coverage, violating First 

Amendment, and because of its lack of procedural due process. 

Justices concurring: Brennan, Douglas, White, Goldberg, Warren, C.J.. 

Justices dissenting: Harlan, Clark. 

568. Harman v. Forssenius, 380 U.S. 528 (1965). 

Virginia statute requiring voters in federal election who do not 

qualify by paying poll tax to file a certificate of residence six months 

in advance of election is contrary to Twenty-fourth Amendment, 

which absolutely abolished payment of poll tax as a qualification for 

voting in federal elections. 

569. Jordan v. Silver, 381 U.S. 415 (1965). 

District court decision holding unconstitutional California constitutional provisions on apportionment of state senate is affirmed. 

Justices concurring: Warren, C.J., Black, Douglas, Brennan, White, Goldberg.

Justices dissenting: Harlan, Clark, Stewart. 

570. Griswold v. Connecticut, 381 U.S. 479 (1965). 

A Connecticut statute making it a crime for any person to use 

any drug or article to prevent conception is an unconstitutional invasion of privacy of married couples. 

Justices concurring: Douglas, Clark. 

Justices concurring specially: Goldberg, Brennan, Warren, C.J., Harlan, 

White.

Justices dissenting: Black, Stewart. 

571. Giaccio v. Pennsylvania, 382 U.S. 399 (1966). 

A Pennsylvania statute permitting jurors to determine whether 

an acquitted defendant should pay the costs of the trial was void 

under the due process clause of the Fourteenth Amendment because 

of vagueness and the absence of any standard that would prevent arbitrary imposition of costs. 

STATE LAWS HELD UNCONSTITUTIONAL 2265

572. Baxstrom v. Herold, 383 U.S. 107 (1966). 

New York statutory procedure for civil commitment of persons at 

the expiration of a prison sentence without the jury review available 

to all others civilly committed in New York and for commitment to 

an institution maintained by the Department of Correction beyond 

the expiration of their terms without a judicial determination of dangerous mental illness such as that afforded to all others violates the 

equal protection clause. 

573. Harper v. Virginia Bd. of Elections, 383 U.S. 663 (1966). 

Virginia constitutional provisions making payment of poll taxes a 

qualification of eligibility to vote violate the equal protection clause. 

Justices concurring: Douglas, Clark, Brennan, White, Fortas, Warren, C.J.. 

Justices dissenting: Black, Harlan, Stewart. 

574. Accord: Texas v. United States, 384 U.S. 155 (1966). 

Texas poll tax is unconstitutional. 

575. Elfbrandt v. Russell, 384 U.S. 11 (1966). 

Arizona loyalty oath is unconstitutionally overbroad and inclusive.

Justices concurring: Douglas, Black, Brennan, Fortas, Warren, C.J.. 

Justices dissenting: White, Clark, Harlan, Stewart. 

576. Mills v. Alabama, 384 U.S. 214 (1966). 

Alabama statute making it a criminal offense to electioneer or solicit votes on election day as applied to a newpaper editor who published an editorial on election day urging people to vote a certain way 

on a referendum issue violated First and Fourteenth Amendments. 

577. Rinaldi v. Yeager, 384 U.S. 305 (1966). 

New Jersey statute requiring an unsuccessful appellant to repay 

the cost of a transcript used in preparing his appeal out of his institutional earning when he is jailed but which does not apply to unsuccessful appellants given suspended sentences, placed on probation, or 

fined violates equal protection clause. 

Justices concurring: Stewart, Black, Douglas, Brennan, Clark, White, 

Fortas, Warren, C.J.. 

Justice dissenting: Harlan. 

578. Alton v. Tawes, 384 U.S. 315 (1966). 

District court decision holding unconstitutional Maryland congressional districting is affirmed. 

579. Carr v. City of Altus, 385 U.S. 35 (1966). 

District court decision holding unconstitutional under the commerce clause a Texas statute forbidding anyone to withdraw water 

from any underground sources in State without authorization of legislature is affirmed. 

2266 STATE LAWS HELD UNCONSTITUTIONAL 

580. Swann v. Adams, 385 U.S. 440 (1967). 

Florida statute apportioning legislative seats falls short of required population equality. 

Justices concurring: White, Black, Douglas, Clark, Brennan, Fortas, Warren, 

C.J..

Justices dissenting: Harlan, Stewart. 

581. Kirkpatrick v. Preisler, 385 U.S. 450 (1967). 

District court decision holding unconstitutional Missouri’s 1965 

congressional districting law is summarily affirmed. 

582. Short v. Ness Produce Co., 385 U.S. 537 (1967). 

District court decision holding unconstitutional as violating commerce clause Oregon statute requiring sellers of imported meat to 

label it with country of origin, post notices in their establishment that 

it is being sold, and keep record of transactions involving it, is affirmed.

583. Keyishian v. Board of Regents, 385 U.S. 589 (1967). 

New York statute requiring removal of teachers for ‘‘treasonable 

or seditious’’ utterances or acts is unconstitutionally vague since it apparently bans mere advocacy of abstract doctrine, and statute which 

makes Communist Party membership prima facie evidence of disqualification for teaching in public schools is unconstitutionally broad. 

Justices concurring: Brennan, Black, Douglas, Fortas, Warren, C.J.. 

Justices dissenting: Clark, Harlan, Stewart, White. 

584. National Bellas Hess, Inc. v. Department of Revenue, 386 U.S. 753 

(1967).

Commerce clause forbids application of Illinois use tax statute to 

a seller whose only connection with customers in the State is by common carrier or by mail. 

Justices concurring: Stewart, Brennan, Harlan, Clark, White, Warren, C.J.. 

Justices dissenting: Fortas, Black, Douglas. 

585. Holding v. Blankenship, 387 U.S. 94 (1967). 

Oklahoma obscenity statute empowering commission to investigate and to recommend prosecutions of offending parties is unconstitutional on authority of Bantam Books v. Sullivan, 372 U.S. 58 

(1963).

586. Reitman v. Mulkey, 387 U.S. 369 (1967). 

California constitutional provision adopted on referendum repealing ‘‘open housing’’ law and prohibiting state abridgement of realty 

owner’s right to sell and lease, or to refuse to sell and lease, as he 

pleases violates the equal protection clause. 

Justices concurring: White, Douglas, Brennan, Fortas, Warren, C.J.. 

STATE LAWS HELD UNCONSTITUTIONAL 2267

Justices dissenting: Harlan, Black, Clark, Stewart. 

587. Berger v. New York, 388 U.S. 41 (1967). 

New York eavesdrop statute that does not require particularity 

with respect to crime suspected and conversations sought, sufficiently 

limit period of order’s effectiveness, terminate order once desired conversation is overheard, or require notice or showing of exigent circumstances to justify dispensing with notice violates Fourth and 

Fourteenth Amendments. 

Justices concurring: Clark, Douglas, Brennan, Fortas, Warren, C.J.. 

Justices dissenting: Black, Harlan, White. 

588. Loving v. Virginia, 388 U.S. 1 (1967). 

Virginia statute prohibiting interracial marriage violates equal 

protection clause. 

589. Washington v. Texas, 388 U.S. 14 (1967). 

Texas statute prohibiting persons charged as co-participants in 

the same crime from testifying for one another violated Sixth and 

Fourteenth Amendments. 

590. Whitehill v. Elkins, 389 U.S. 54 (1967). 

Maryland loyalty oath is unconstitutionally vague when read 

with surrounding authorization and supplementary statutes which infringe on rights of association. 

Justices concurring: Douglas, Black, Brennan, Fortas, Marshall, Warren, 

C.J..

Justices dissenting: Harlan, Stewart, White. 

591. Lucas v. Rhodes, 389 U.S. 212 (1967). 

Ohio’s congressional districting statute violates principles of population equality established in Wesberry v. Sanders, 376 U.S. 1 

(1964).

Justices concurring: Warren, C.J., Black, Douglas, Brennan, White, Fortas. 

Justices dissenting: Harlan, Stewart. 

592. Rockefeller v. Wells, 389 U.S. 421 (1967). 

District court decision holding unconstitutional New York’s congressional districting statute is summarily affirmed. 

Justices concurring: Warren, C.J., Black, Douglas, Brennan, Stewart, White, 

Fortas, Marshall. 

Justice dissenting: Harlan. 

593. Zschernig v. Miller, 389 U.S. 429 (1968). 

Oregon statute which barred alien from taking personal property 

intestate unless American citizens had reciprocal rights with alien’s 

country, unless American citizens had right to receive payment within 

United States from estates of decedents dying in that foreign country, 

2268 STATE LAWS HELD UNCONSTITUTIONAL 

and unless Oregon courts were presented proof that alien heir would 

receive benefit, use, and control of inheritance without confiscation, 

was void as an intrusion by State into field of foreign affairs reserved 

to Federal Government. 

Justices concurring: Douglas, Black, Brennan, Stewart, Fortas, Warren, 

C.J..

Justices concurring specially: Harlan. 

Justice dissenting: White. 

594. Dinis v. Volpe, 389 U.S. 570 (1968). 

District court decision holding Massachusetts congressional districting statute unconstitutional is summarily affirmed. 

595. Louisiana Financial Assistance Comm’n v. Poindexter, 389 U.S. 571 

(1968).

District court decision holding unconstitutional tuition grant statute authorizing payments to children attending private schools as 

part of an anti-desegregation program is summarily affirmed. 

596. Kirk v. Gong, 389 U.S. 574 (1968). 

District court decision holding unconstitutional Florida congressional districting statute is affirmed. 

597. James v. Gilmore, 389 U.S. 572 (1968). 

District court decision holding unconstitutional Texas loyalty oath 

statute is summarily affirmed. 

598. Lee v. Washington, 390 U.S. 333 (1968). 

District court decisions holding that Alabama statutes requiring 

racial segregation in prisons and jails violate equal protection clause 

is summarily affirmed. 

599. Scafati v. Greenfield, 390 U.S. 713 (1968). 

District court decision holding unconstitutional as applied to a 

prisoner who had been sentenced prior to enactment of statute but 

paroled after its enactment a Massachusetts statute which forbade a 

prisoner from earning good conduct deductions for the first six 

months after his reincarceration following violation of parole is summarily affirmed. 

600. Levy v. Louisiana, 391 U.S. 68 (1968). 

Louisiana wrongful death statute creating right of action in surviving child or children as interpreted to mean only legitimate child 

or children denies illegitimate children equal protection of the laws. 

Justices concurring: Douglas, Brennan, White, Fortas, Marshall, Warren, 

C.J..

Justices dissenting: Harlan, Black, Stewart. 

STATE LAWS HELD UNCONSTITUTIONAL 2269

601. Glona v. American Guar. & Liab. Ins. Co., 391 U.S. 73 (1968). 

Louisiana statute barring wrongful death recovery by parents of 

illegitimate child while allowing recovery by parent of legitimate child 

violates equal protection. 

602. Rabeck v. New York, 391 U.S. 462 (1968). 

Provision of New York’s obscenity law is unconstitutionally 

vague.

Justices concurring: Warren, C.J., Black, Douglas, Brennan, Stewart, White, 

Fortas, Marshall. 

Justices dissenting: Harlan. 

603. Witherspoon v. Illinois, 391 U.S. 510 (1968). 

An Illinois statute, itself no longer in code but held to be incorporated in the general juror challenge statute, which authorizes automatic challenge for cause of any potential juror scrupled against capital punishment in capital cases, is invalid. 

Justices concurring: Stewart, Brennan, Fortas, Marshall, Warren, C.J.. 

Justices concurring specially: Douglas. 

Justices dissenting: Black, Harlan, White. 

604. Williams v. Rhodes, 393 U.S. 23 (1968). 

Series of Ohio election statutes which imposed insurmountable 

obstacles to success of independent parties and candidates obtaining 

a place on the ballot violate the equal protection clause. 

Justices concurring: Black, Douglas, Brennan, Fortas, Marshall. 

Justices concurring specially: Harlan. 

Justices dissenting: Warren, C.J., Stewart, White. 

605. Louisiana Educ. Comm’n for Needy Children v. Poindexter, 393 U.S. 17 

(1968).

District court decision holding unconstitutional a Louisiana tuition grant statute as part of an anti-desegregation program is summarily affirmed. 

606. Epperson v. Arkansas, 393 U.S. 97 (1968). 

Arkansas statute prohibiting the teaching of evolution in public 

schools of State violates First and Fourteenth Amendments. 

607. WHYY, Inc. v. Borough of Glassboro, 393 U.S. 117 (1968). 

New Jersey statute providing for exemption from property taxes 

only of those nonprofit corporations chartered in New Jersey denies 

equal protection to Pennsylvania corporation qualified to do business 

in New Jersey. 

Justices concurring: Warren, C.J., Douglas, Harlan, Brennan, Stewart, 

White, Fortas, Marshall. 

Justice dissenting: Black. 

2270 STATE LAWS HELD UNCONSTITUTIONAL 

608. South Carolina State Bd. of Educ. v. Brown, 393 U.S. 222 (1968). 

District court decision holding unconstitutional South Carolina 

statute providing for scholarship grants for children attending private 

schools as part of antidesegregation program is summarily affirmed. 

609. Kirkpatrick v. Preisler, 394 U.S. 526 (1968). 

Missouri congressional districting statute is unconstitutional because the population deviations from precise mathematical equality 

among districts were not unavoidable. 

Justices concurring: Brennan, Black, Douglas, Marshall, Warren, C.J.. 

Justice concurring specially: Fortas. 

Justices dissenting: Harlan, Stewart, White. 

610. Accord: Wells v. Rockefeller, 394 U.S. 542 (1969), voiding New York’s 

congressional districting plan. 

611. Stanley v. Georgia, 394 U.S. 557 (1969). 

Georgia statute construed to prohibit possession in the home of 

obscene materials for one’s own private and personal use violates 

First and Fourteenth Amendments. 

612. Street v. New York, 394 U.S. 576 (1969). 

Statute insofar as it punishes verbal abuse of the flag violates 

First and Fourteenth Amendments. 

Five-to-four division of Court not on this issue. 

613. Shapiro v. Thompson, 394 U.S. 618 (1969). 

Connecticut statute imposing one-year durational residency requirement on eligibility for welfare assistance infringes right to travel 

and violates equal protection clause. 

Justices concurring: Brennan, Douglas, Fortas, Stewart, White, Marshall. 

Justices dissenting: Warren, C.J., Black, Harlan. 

614. Accord: Reynolds v. Smith, 394 U.S. 618 (1969). 

Pennsylvania’s one-year durational residence requirement for eligibility for welfare assistance infringes the right to travel and violates 

equal protection. 

615. Moore v. Ogilvie, 394 U.S. 814 (1969). 

Illinois statute requiring independent candidates to present 

25,000 signatures, including 200 signatures from each of at least 50 

of the State’s 200 counties, violates the equal protection clause. 

Justices concurring: Douglas, Black, Brennan, White, Fortas, Marshall, Warren, C.J.. 

Justices dissenting: Stewart, Harlan. 

616. Sniadach v. Family Finance Corp., 395 U.S. 337 (1969). 

Wisconsin prejudgment garnishment statute which authorizes 

freezing of defendant’s wages in interim between garnishment and 

STATE LAWS HELD UNCONSTITUTIONAL 2271

culmination of suit without affording defendant a hearing violates due 

process clause. 

Justices concurring: Douglas, Brennan, Stewart, White, Marshall, Warren, 

C.J..

Justice concurring specially: Harlan. 

Justice dissenting: Black. 

617. Brandenburg v. Ohio, 395 U.S. 444 (1969). 

Ohio’s Criminal Syndicalism Statute, which proscribes advocacy 

of use of force in absence of requirement that such advocacy be directed to inciting or producing imminent lawless action and be likely 

to incite or produce such action, violates the First and Fourteenth 

Amendments.

618. Kramer v. Union Free School Dist., 395 U.S. 621 (1969). 

New York statute limiting eligibility to vote in school district 

elections to persons who own taxable real property in district or who 

are parents of children enrolled in the local public schools violates 

equal protection clause. 

Justices concurring: Warren, C.J., Douglas, Brennan, White, Marshall. 

Justices dissenting: Stewart, Black, Harlan. 

619. Cipriano v. City of Houma, 395 U.S. 701 (1969). 

Louisiana statute limiting eligibility to vote on issuance of municipal utility revenue bonds to property owners violates equal protection 

clause.

Justices concurring: Warren, C.J., Douglas, Brennan, White, Marshall. 

Justices concurring specially: Black, Stewart, Harlan. 

620. Turner v. Fouche, 396 U.S. 346 (1969). 

Georgia statute limiting eligibility for school board membership 

to property holders violates the equal protection clause. 

621. Wyman v. Bowens, 397 U.S. 49 (1970). 

District court decision holding unconstitutional New York statute 

denying welfare assistance to persons coming into State with intent 

to obtain such assistance is summarily affirmed. 

622. Hadley v. Junior College Dist., 397 U.S. 50 (1970). 

Missouri statutory scheme for election of trustees of junior college 

district which allocated trustees to lesser populated districts rather 

than those of greater populations violated equal protection clause. 

Justices concurring: Black, Douglas, Brennan, White, Marshall. 

Justices dissenting: Burger, C.J., Harlan, Stewart. 

623. In re Winship, 397 U.S. 358 (1970). 

New York statute providing that proof of acts establishing delinquency of a minor must be by a preponderance of the evidence vioVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00111 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
2272 STATE LAWS HELD UNCONSTITUTIONAL 

lates due process clause, which requires proof beyond a reasonable 

doubt.

Justices concurring: Brennan, Douglas, Harlan, White, Marshall. 

Justices dissenting: Burger, C.J., Black, Stewart. 

624. Baldwin v. New York, 399 U.S. 66 (1970). 

New York statute providing for trial without jury in New York 

City of misdemeanors punishable upon conviction with sentences of 

up to one year violates Sixth and Fourteenth Amendments, which require jury trials when possible sentence is six months or more. 

Justices concurring: White, Brennan, Marshall. 

Justices concurring specially: Black, Douglas. 

Justices dissenting: Burger, C.J., Harlan, Stewart. 

625. City of Phoenix v. Kolodziejski, 399 U.S. 204 (1970). 

Arizona constitutional and statutory provisions which limit eligibility to vote in referendum on issuance of general obligation bonds 

to property owners violate equal protection clause. 

Justices concurring: White, Black, Douglas, Brennan, Marshall. 

Justices dissenting: Stewart, Harlan, Burger, C.J.. 

626. Williams v. Illinois, 399 U.S. 235 (1970). 

An Illinois statute providing for extension of jail sentences to 

work off unpaid fine at $5 a day violates the equal protection clause 

as applied to an indigent convict unable to pay his fine. 

627. Rockefeller v. Socialist Workers Party, 400 U.S. 806 (1970). 

District court decision holding unconstitutional New York statutory provisions for geographic dispersion of signatures on candidates’ 

petitions and discriminating against independent candidates’ ability 

to obtain signatures in ways absent from major party candidates is 

summarily affirmed. 

628. Parish School Bd. v. Stewart, 400 U.S. 884 (1970). 

District court decision holding unconstitutional Louisiana constitutional and statutory provisions limiting eligibility to vote in general obligation bond authorization elections is summarily affirmed. 

629. Bower v. Vaughan, 400 U.S. 884 (1970). 

District court decision holding unconstitutional Arizona’s one-year 

residency requirement for treatment in state hospital is summarily 

affirmed.

630. Rafferty v. McKay, 400 U.S. 954 (1970). 

District court decision holding unconstitutional a California loyalty oath similar to that condemned in Baggett v. Bullitt, 377 U.S. 

360 (1964), is summarily affirmed. 

STATE LAWS HELD UNCONSTITUTIONAL 2273

631. Wisconsin v. Constantineau, 400 U.S. 433 (1971). 

Wisconsin statute providing for ‘‘posting’’ of ‘‘excessive’’ drinkers 

to bar them from taverns and similar places denies procedural due 

process by not requiring notice and opportunity to be heard. 

632. Groppi v. Wisconsin, 400 U.S. 505 (1971). 

Wisconsin statute which categorically precludes a change of 

venue for trial of misdemeanor cases violates Sixth and Fourteenth 

Amendments.

Justices concurring: Stewart, Douglas, Harlan, Brennan, White, Marshall. 

Justices concurring specially: Blackmun, Burger, C.J.. 

Justice dissenting: Black. 

633. Boddie v. Connecticut, 401 U.S. 371 (1971). 

Connecticut’s statutory imposition of fees as prerequisite to obtain judicial dissolution of marriage violates due process as applied to 

persons unable to pay the fees. 

Justices concurring: Harlan, Stewart, White, Marshall, Blackmun. 

Justices concurring specially: Douglas, Brennan. 

Justice dissenting: Black. 

634. Tate v. Short, 401 U.S. 395 (1971). 

Texas statute (and ordinance of City of Houston) which provide 

for imprisonment of person unable to pay a fine for period calculated 

at $5 a day violate equal protection clause. 

635. North Carolina State Bd. of Educ. v. Swann, 402 U.S. 43 (1971). 

Anti-Busing Law which flatly forbids assignment of any student 

on account of race and prohibits busing for such purpose is unconstitutional.

636. Bell v. Burson, 402 U.S. 535 (1971). 

Georgia statute providing for automatic suspension of driver’s license upon involvement in auto accident unless security for amount 

of damages is posted violates due process in not first affording driver 

a hearing to establish a reasonable possibility that judgment may be 

rendered against him as result of accident. 

637. Nyquist v. Lee, 402 U.S. 935 (1971). 

District court decision holding unconstitutional New York antibusing law is summarily affirmed. 

638. Whitcomb v. Chavis, 403 U.S. 124 (1971). 

Legislative apportionment and districting statute of Indiana, 

though its multimember features are not unconstitutional, provides 

for too much population inequality and is void. 

Justices concurring: White, Black, Douglas, Brennan, Marshall, Blackmun, 

Burger, C.J.. 

2274 STATE LAWS HELD UNCONSTITUTIONAL 

Justices dissenting: Harlan, Stewart. 

639. Connell v. Higginbotham, 403 U.S. 207 (1971). 

Florida loyalty oath provision which requires public employee to 

swear he does not believe in violent overthrow of government or be 

dismissed violates due process by not providing for an inquiry into his 

reasons for refusing to take the oath. 

Justices concurring: Burger, C.J., Black, Harlan, White, Blackmun. 

Justices concurring specially: Marshall, Douglas, Brennan. 

Justice dissenting: Stewart. 

640. Graham v. Richardson, 403 U.S. 365 (1971). 

Arizona statute that denies welfare assistance to aliens who have 

not been in the United States for 15 years violates equal protection 

and intrudes into the Federal Government’s exclusive powers over admission of aliens. 

641. Sailer v. Leger, 403 U.S. 365 (1971). 

A Pennsylvania statute that limits welfare assistance to United 

States citizens violates equal protection and intrudes into the Federal 

Government’s exclusive powers over admission of aliens. 

642. Lemon v. Kurtzman, 403 U.S. 602 (1971). 

Pennsylvania statute providing for reimbursement of sectarian 

schools for expenses of providing certain secular educational services 

violates the establishment clause of the First Amendment as applied 

to the States through the Fourteenth. 

Justices concurring: Burger, C.J., Harlan, Stewart, Blackmun. 

Justices concurring specially: Black, Douglas, Brennan, Marshall. 

Justice dissenting: White. 

643. Earley v. DiCenso, 403 U.S. 602 (1971). 

Rhode Island statute providing for salary supplements to be paid 

to teachers in sectarian schools violates the establishment clause. 

644. Accord: Sanders v. Johnson, 403 U.S. 955 (1971). 

District court decision holding unconstitutional Connecticut Nonpublic School Secular Education Act is affirmed. 

645. Pease v. Hansen, 404 U.S. 70 (1971). 

Montana durational residency requirement as condition on eligibility to state-financed public assistance is unconstitutional under 

Shapiro v. Thompson, 394 U.S. 618 (1969). 

646. Reed v. Reed, 404 U.S. 71 (1971). 

Idaho statutory provision giving preference to males over females 

for appointment as administrator of decedent’s estate violates equal 

protection clause. 

STATE LAWS HELD UNCONSTITUTIONAL 2275

647. Dunn v. Rivera, 404 U.S. 1054 (1972). 

District court decision holding unconstitutional Connecticut oneyear durational residency requirement for eligibility to welfare assistance is summarily affirmed. 

648. Wyman v. Lopez, 404 U.S. 1055 (1972). 

District court decision holding unconstitutional New York oneyear durational residency requirement for eligibility to welfare assistance is summarily affirmed. 

649. Lindsey v. Normet, 405 U.S. 56 (1972). 

Oregon statutory provision requiring tenants who wish to appeal 

housing eviction order to file bond in twice the amount of rent expected to accrue during pendency of appeal violates equal protection 

clause.

650. Bullock v. Carter, 405 U.S. 134 (1972). 

Texas’ filing fee system, which imposes on candidates the costs of 

the primary election operation and affords no alternative opportunity 

for candidates unable to pay the fees to obtain access to the ballot, 

violates the equal protection clause. 

651. Dunn v. Blumstein, 405 U.S. 330 (1972). 

Tennessee durational residency requirement of one year as a condition of registration to vote burdens right to travel and violates equal 

protection clause. 

Justices concurring: Marshall, Douglas, Brennan, Stewart, White. 

Justices concurring specially: Blackmun. 

Justice dissenting: Burger, C.J.. 

652. Caniffe v. Burg, 405 U.S. 1034 (1972). 

District court decision invalidating Massachusetts statute that 

imposes as a condition for registering to vote an additional 6-month 

state residency requirement on persons who have already resided 

within the town or district for six months as violative of the Equal 

Protection Clause is summarily affirmed. 

653. Davis v. Kohn, 405 U.S. 1034 (1972). 

District court decision invalidating, as impermissibly burdening 

the right to vote and the right to travel, a Vermont one-year residency 

requirement for voting, is summarily affirmed. 

654. Cody v. Andrews, 405 U.S. 1034 (1972). 

District court decision invalidating on equal protection grounds a 

North Carolina one-year residency requirement for voting is summarily affirmed. 

2276 STATE LAWS HELD UNCONSTITUTIONAL 

655. Donovan v. Keppel, 405 U.S. 1034 (1972). 

District court decision invalidating on equal protection grounds a 

Minnesota six-month residency requirement for voting is summarily 

affirmed.

656. Whitcomb v. Affeldt, 405 U.S. 1034 (1972). 

District court decision invalidating as burdening the right to vote 

and violating equal protection an Indiana six-month residency requirement for voting is summarily affirmed. 

657. Amos v. Hadnott, 405 U.S. 1035 (1972). 

District court decision invalidating on equal protection grounds 

Alabama’s six-month county residency requirement and three-month 

precinct residency requirement for voting is summarily affirmed. 

658. Virginia State Bd. of Elections v. Bufford, 405 U.S. 1035 (1972). 

District court decision holding that Virginia’s one-year residency 

requirement for voting violates equal protection is summarily affirmed.

659. Eisenstadt v. Baird, 405 U.S. 438 (1972). 

Massachusetts statute making it a crime to dispense any contraceptive article to an unmarried person, except to prevent disease, is 

unconstitutional.

Justices concurring: Brennan, Douglas, Stewart, Marshall. 

Justices concurring specially: White, Blackmun. 

Justice dissenting: Burger, C.J.. 

660. Gooding v. Wilson, 405 U.S. 518 (1972). 

Georgia statute making it criminal offense to use language of or 

to another tending to cause a breach of the peace, which is not limited 

to ‘‘fighting words,’’ is unconstitutionally vague and overbroad. 

Justices concurring: Brennan, Douglas, Stewart, White, Marshall. 

Justices dissenting: Blackmun, Burger, C.J.. 

661. Stanley v. Illinois, 405 U.S. 645 (1972). 

Illinois statute which presumes without a hearing unfitness of father of illegitimate children to have custody upon death or disqualification of mother denies him due process and equal protection. 

Justices concurring: White, Douglas, Brennan, Stewart, Marshall. 

Justices dissenting: Burger, C.J., Blackmun. 

662. Weber v. Aetna Casualty & Surety Co., 406 U.S. 164 (1972). 

Louisiana workmen’s compensation statute, which relegates 

unacknowledged illegitimate children to a status inferior to legitimate 

and acknowledged illegitimate children, violates equal protection 

clause.

Justices concurring: Powell, Douglas, Brennan, Stewart, White, Marshall, 

Burger, C.J.. 

STATE LAWS HELD UNCONSTITUTIONAL 2277

Justices concurring specially: Blackmun. 

Justice dissenting: Rehnquist. 

663. Wisconsin v. Yoder, 406 U.S. 205 (1972). 

Wisconsin’s compulsory school attendance law, insofar as it does 

not exempt Amish children from coverage following completion of the 

eighth grade, violates the Free Exercise Clause of the First Amendment, applicable via the Fourteenth Amendment. 

Justices concurring: Burger, C.J., Brennan, Stewart, White, Marshall, Blackmun, (in part) Douglas. 

Justices dissenting (in part): Douglas. 

664. Brooks v. Tennessee, 406 U.S. 605 (1972). 

A Tennessee statute that requires a criminal defendant if he is 

going to testify to do so before any other witness for him violates the 

Fifth, Sixth, and Fourteenth Amendments. 

Justices concurring: Brennan, Douglas, White, Marshall, Powell. 

Justice concurring specially: Stewart. 

Justices dissenting: Burger, C.J., Blackmun, Rehnquist. 

665. Jackson v. Indiana, 406 U.S. 715 (1972). 

Indiana’s pretrial commitment procedure for allegedly incompetent defendants, which provides more lenient standards for commitment than the procedure for those persons not charged with any offense, and more stringent standards for release, violates both due 

process and equal protection. 

666. James v. Strange, 407 U.S. 128 (1972). 

Kansas statute enabling State to recover in subsequent civil proceedings legal defense fees for indigent defendants violates equal protection clause because it dispenses with the protective exemptions 

state law has erected for other civil judgment debtors. 

667. Fuentes v. Shevin, 407 U.S. 67 (1972). 

Florida’s replevin statutes, which permit installment sellers or 

other persons alleging entitlement to property to cause the seizure of 

the property without any notice or opportunity to be heard on the 

issues, violate due process clause. 

Justices concurring: Stewart, Douglas, Brennan, Marshall. 

Justices dissenting: White, Blackmun, Burger, C.J.. 

668. Parham v. Cortese, 407 U.S. 67 (1972). 

Pennsylvania replevin statute, which permits installment sellers 

to cause the seizure of property without affording notice or opportunity to contest to the persons possessing the property, violates the 

due process clause. Same division of Justices as Fuentes v. Shevin. 

2278 STATE LAWS HELD UNCONSTITUTIONAL 

669. State Dep’t of Health and Rehabilitative Servs. v. Zarate, 407 U.S. 918 

(1972).

District court decision holding unconstitutional under equal protection clause Florida’s denial of welfare assistance to noncitizens is 

summarily affirmed. 

670. United States v. Scotland Neck City Bd. of Educ., 407 U.S. 484 (1972). 

North Carolina statute which authorized creation of a new school 

district in a city that was part of a larger county school system is void 

inasmuch as its effect would be to impede the dismantling of the dual 

school system by affording a refuge to white students fleeing desegregation.

671. Furman v. Georgia, 408 U.S. 238 (1972). 

Statutory imposition of capital punishment upon criminal conviction either at discretion of jury or of the trial judge may not be carried out. Georgia’s statute in the view of two Justices is unconstitutional because the death penalty is cruel and unusual punishment per 

se in violation of the Eighth and Fourteenth Amendments, while in 

the view of three Justices the statute is unconstitutional as applied 

because of the discriminatory or arbitrary manner in which death is 

imposed upon convicted defendants in violation of the Eighth and 

Fourteenth Amendments. 

Justices concurring specially: Douglas, Brennan, Stewart, White, Marshall. 

Justices dissenting: Burger, C.J., Blackmun, Powell, Rehnquist. 

672. Texas Bd. of Barber Examiners v. Bolton, 409 U.S. 807 (1972). 

District court decision holding invalid under equal protection 

clause Texas statutes prohibiting licensed cosmetologists from working with male customers and prohibiting licensed barbers from working with female customers is summarily affirmed. 

673. Essex v. Wolman, 409 U.S. 808 (1972). 

District court decision holding void under the establishment 

clause of the First Amendment an Ohio statute providing a reimbursement grant to parents of children attending nonpublic schools is 

summarily affirmed. 

674. Robinson v. Hanrahan, 409 U.S. 38 (1972). 

Illinois statute providing for mailing of vehicle forfeiture proceeding notification to home address of vehicle owner is unconstitutional as applied to person known to the State to be incarcerated and 

not at home. 

675. Amos v. Sims, 409 U.S. 942 (1972). 

District court decision holding unconstitutional Alabama legislative apportionment law is summarily affirmed. 

STATE LAWS HELD UNCONSTITUTIONAL 2279

676. Fugate v. Potomac Electric Power Co., 409 U.S. 942 (1972). 

District court decision holding invalid under equal protection 

clause Virginia statute allowing reimbursement to utilities required 

by interstate highway construction to relocate their lines in cities and 

towns but denying reimbursement to utilities required by interstate 

highway construction to relocate lines in counties is summarily affirmed.

677. Ward v. Village of Monroeville, 409 U.S. 57 (1972). 

Ohio statute authorizing trial for certain ordinance violations and 

traffic offenses before mayor responsible for village finances when the 

fines, forfeitures, costs, and fees imposed in the mayor’s courts provided a substantial portion of village funds denied defendants opportunity for trial before an impartial and disinterested tribunal. 

Justices concurring: Brennan, Douglas, Stewart, Marshall, Blackmun, Powell, Burger, C.J.. 

Justices dissenting: White, Rehnquist. 

678. Evco v. Jones, 409 U.S. 91 (1972). 

New Mexico’s gross receipts tax is unconstitutionally applied to 

proceeds from transactions whereby material is produced in State 

under contract for delivery to out-of-state clients because it 

impermissibly burdens interstate commerce. 

679. Georges v. McClellan, 409 U.S. 1120 (1973). 

District court decision holding unconstitutional under due process 

clause Rhode Island prejudgment attachment statute is summarily affirmed.

680. Gomez v. Perez, 409 U.S. 535 (1973). 

Texas law denying right of enforced paternal support to illegitimate children while granting it to legitimate children violates equal 

protection clause. 

681. Roe v. Wade, 410 U.S. 113 (1973). 

Texas statute making it a crime to procure or to attempt to procure an abortion except on medical advice to save the life of the mother infringes upon a woman’s right of privacy protected by the due 

process clause of the Fourteenth Amendment. 

Justices concurring: Blackmun, Douglas, Brennan, Stewart, Marshall, Powell, Burger, C.J.. 

Justices dissenting: White, Rehnquist. 

682. Doe v. Bolton, 410 U.S. 179 (1973). 

Georgia statute permitting abortions under prescribed circumstances nevertheless invalidly imposed a number of procedural 

limitations: that the abortion be performed in an accredited hospital, 

2280 STATE LAWS HELD UNCONSTITUTIONAL 

be approved by a staff committee and two licensed physicians other 

than woman’s own doctor, and be available only to residents. 

Justices concurring: Blackmun, Douglas, Brennan, Stewart, Marshall, Powell, Burger, C.J.. 

Justices dissenting: White, Rehnquist. 

683. Mahan v. Howell, 410 U.S. 315 (1973). 

Portion of Virginia apportionment statute assigning large numbers of naval personnel to actual location of station when evidence 

showed substantial numbers resided in surrounding areas distorted 

population balance of districts and was void. 

684. Whitcomb v. Communist Party of Indiana, 410 U.S. 976 (1973). 

District court decision holding invalid under First and Fourteenth 

Amendments Indiana statute requiring political party to submit oath 

that party has no relationship to a foreign government as a condition 

of ballot access is summarily affirmed. 

685. Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973). 

New Mexcio use tax may not constitutionally be applied on personal property that Indian tribe purchased out-of-state and installed 

as permanent improvement on off-reservation ski resort owned and 

operated by tribe. 

686. McClanahan v. Arizona Tax Comm’n, 411 U.S. 164 (1973). 

Arizona income tax is invalidly applied to Navajo Indian residing 

on reservation and whose income is wholly derived from reservation 

sources.

687. New Jersey Welfare Rights Org. v. Cahill, 411 U.S. 619 (1973). 

New Jersey statute denying assistance to families in which parents are not ceremonially married denies equal protection to children 

in such families. 

Justices concurring: Douglas, Brennan, Stewart, White, Marshall, Blackmun, Powell, Burger, C.J.. 

Justice dissenting: Rehnquist. 

688. Gagnon v. Scarpelli, 411 U.S. 778 (1973). 

Wisconsin statute as interpreted to permit revocation of parole 

without a hearing denies due process of law. 

689. Parker v. Levy, 411 U.S. 978 (1973). 

A district court decision voiding as an arbitrary denial of equal 

protection Louisiana’s constitutional provision and statute distributing a property relief fund among political subdivisions is summarily 

affirmed.

STATE LAWS HELD UNCONSTITUTIONAL 2281

690. Miller v. Gomez, 412 U.S. 914 (1973). 

District court decision holding a denial of equal protection New 

York statute denying jury trial on issue of dangerousness to persons 

being committed to hospitals for criminally insane after felony indictment but before trial is summarily affirmed. 

691. Vlandis v. Kline, 412 U.S. 441 (1973). 

Connecticut statute creating irrebuttable presumption that student from out-of-state at time of application to state college remained 

nonresident for tuition purposes for entire student career violated due 

process clause. 

Justices concurring: Stewart, Brennan, Marshall, Blackmun, Powell. 

Justice concurring specially: White. 

Justices dissenting: Burger, C.J., Rehnquist, Douglas. 

692. Wardius v. Oregon, 412 U.S. 470 (1973). 

Oregon statute requiring defendant to give pretrial notice of alibi 

defense and names of supporting witnesses but denying defendant 

any reciprocal right of discovery of rebuttal evidence denies him due 

process of law. 

693. White v. Regester, 412 U.S. 755 (1973). 

Establishment of multimember legislative districts in certain 

Texas urban areas in context of pervasive electoral discrimination 

against blacks and Mexican-Americans denied equal protection of 

laws.

694. White v. Weiser, 412 U.S. 783 (1973). 

Texas congressional districting law creates districts with too 

great a population disparity and is void under equal protection clause. 

695. Levitt v. Committee for Pub. Educ. and Religious Liberty, 413 U.S. 472 

(1973).

New York statute to reimburse nonpublic schools for administrative expenses incurred in carrying out state mandated examination 

and record keeping requirements but requiring no accounting and 

separating of religious and nonreligious uses violates establishment 

clause.

Justices concurring: Burger, C.J., Stewart, Blackmun, Powell, Rehnquist. 

Justices concurring specially: Douglas, Brennan, Marshall. 

Justice dissenting: White. 

696. Sugarman v. Dougall, 413 U.S. 634 (1973). 

New York statute providing that only United States citizens may 

hold permanent positions in competitive civil service violates equal 

protection clause. 

Justices concurring: Blackmun, Douglas, Brennan, Stewart, White, Marshall, Powell, Burger, C.J.. 

2282 STATE LAWS HELD UNCONSTITUTIONAL 

Justice dissenting: Rehnquist. 

697. Committee for Pub. Educ. and Religious Liberty v. Nyquist, 413 U.S. 

756 (1973). 

New York education and tax laws providing grants to nonpublic 

schools for maintenance and repairs of facilities and providing tuition 

reimbursements and income tax benefits to parents of children attending nonpublic schools violate the establishment clause. 

Justices concurring: Powell, Douglas, Brennan, Stewart, Marshall, Blackmun.

Justices concurring and dissenting: Burger, C.J., Rehnquist. 

Justice dissenting: White. 

698. Sloan v. Lemon, 413 U.S. 825 (1973). 

Pennsylvania statute providing for reimbursement of parents for 

portion of tuition expenses in sending children to nonpublic schools 

violates establishment clause. 

Justices concurring: Powell, Douglas, Brennan, Stewart, Marshall, Blackmun.

Justices dissenting: White, Rehnquist, Burger, C.J.. 

699. Grit v. Wolman, 413 U.S. 901 (1973). 

Ohio statute granting tax credits to parents of private school children violates the Establishment Clause. 

700. Stevenson v. West, 413 U.S. 902 (1973). 

South Carolina legislative apportionment statute is invalid. 

701. Nelson v. Miranda, 413 U.S. 902 (1973). 

Arizona constitutional and statutory provisions denying public 

employment to aliens violates equal protection clause. 

702. Texas v. Pruett, 414 U.S. 802 (1973). 

Federal court decision that Texas statutory system that denies 

good time credit to convicted felons in jail pending appeal while allowing good time credit to incarcerated nonappealing felons unconstitutionally burdens right of appeal is summarily affirmed. 

703. Kusper v. Pontikes, 414 U.S. 51 (1973). 

An Illinois statute prohibiting anyone who has voted in one party’s primary election from voting in another party’s primary election 

for at least 23 months violates the First and Fourteenth Amendments.

Justices concurring: Stewart, Douglas, White, Marshall, Powell. 

Justice concurring specially: Burger, C.J.. 

Justices dissenting: Blackmun, Rehnquist. 

704. Lefkowitz v. Turley, 414 U.S. 70 (1973). 

New York statute providing for cancellation of public contracts 

and disqualification of contractors from doing business with the State 

STATE LAWS HELD UNCONSTITUTIONAL 2283

for refusal to waive immunity from prosecution and to testify concerning state contracts violates the Fifth Amendment privilege 

against self-incrimination. 

705. Danforth v. Rodgers, 414 U.S. 1035 (1973). 

District court decision invalidating Missouri abortion statute is 

summarily affirmed. 

706. Communist Party of Indiana v. Whitcomb, 414 U.S. 441 (1974). 

Indiana statute prescribing loyalty oath as qualification for access 

to ballot violates First and Fourteenth Amendments. 

707. O’Brien v. Skinner, 414 U.S. 524 (1974). 

New York election law provisions that permit persons incarcerated outside county of residence while awaiting trial to register and 

vote absentee while denying absentee privilege to persons incarcerated in county of residence denies equal protection. 

Justices concurring: Burger, C.J., Douglas, Brennan, Stewart, White, Marshall, Powell. 

Justices dissenting: Blackmun, Rehnquist. 

708. Wallace v. Sims, 415 U.S. 902 (1974). 

District court decision holding invalid Alabama legislative apportionment statute is summarily affirmed. 

709. Memorial Hospital v. Maricopa County, 415 U.S. 250 (1974). 

Arizona statute imposing one-year county residency requirement 

for indigents’ eligibility for nonemergency medical care at state expense infringes upon right to travel and violates equal protection 

clause.

Justices concurring: Marshall, Brennan, Stewart, White, Powell. 

Justices concurring specially: Douglas, Blackmun, Burger, C.J.. 

Justice dissenting: Rehnquist. 

710. Davis v. Alaska, 415 U.S. 308 (1974). 

Alaska statute protecting anonymity of juvenile offenders, as applied to prohibit cross-examination of prosecution witness for possible 

bias, violates confrontation clause. 

Justices concurring: Burger, C.J., Douglas, Brennan, Stewart, Marshall, 

Blackmun, Powell. 

Justices dissenting: White, Rehnquist. 

711. Smith v. Goguen, 415 U.S. 566 (1974). 

Massachusetts statute punishing anyone who treats the flag ‘‘contemptuously’’ without anchoring proscription to specified conduct and 

modes is unconstitutionally vague. 

Justices concurring: Powell, Douglas, Brennan, Stewart, Marshall. 

Justice concurring specially: White. 

2284 STATE LAWS HELD UNCONSTITUTIONAL 

Justices dissenting: Blackmun, Rehnquist, Burger, C.J.. 

712. Lubin v. Panish, 415 U.S. 709 (1974). 

California statute imposing a filing fee as the only means of getting on the ballot denied indigents equal protection. 

713. Schwegmann Bros. Giant Super Markets v. Louisiana Milk Comm’n,

416 U.S. 922 (1974). 

District court decision holding invalid as burden on interstate 

commerce Louisiana statute construed to permit commission to regulate prices at which dairy products are sold outside the State to Louisiana retailers is affirmed. 

714. Indiana Real Estate Comm’n v. Satoskar, 417 U.S. 938 (1974). 

District court decision invalidating Indiana statute limiting real 

estate dealer licenses to citizens is summarily affirmed. 

715. Marburger v. Public Funds for Public Schools, 417 U.S. (1974). 

District court decisions invalidating under the establishment 

clause New Jersey laws providing reimbursement to parents of nonpublic school children for textbooks and other materials are summarily affirmed. 

716. Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974). 

Florida statute compelling newspapers to publish free replies by 

political candidates criticized by newspapers violates First Amendment.

717. Spence v. Washington, 418 U.S. 405 (1974). 

Washington State statute prohibiting ‘‘improper use’’ of flag or 

display of the flag with any emblem superimposed on it was invalidly 

applied to a person who taped a peace symbol on the flag in a way 

as not to damage it and who then displayed it upside down from his 

own property. 

Justices concurring: Brennan, Stewart, Marshall, Powell. 

Justices concurring specially: Douglas, Blackmun. 

Justices dissenting: Rehnquist, White, Burger, C.J.. 

718. Cahn v. Long Island Vietnam Moratorium Comm., 418 U.S. 906 

(1974).

Appellate court decision holding invalid on its face a New York 

statute restricting display of the American flag, and prohibiting 

superimposition of symbols on a flag, is summarily affirmed. 

719. Franchise Tax Board v. United Americans, 419 U.S. 890 (1974). 

District court decision striking down under First Amendment a 

California statute providing state income-tax reductions for taxpayers 

sending their children to nonpublic schools is summarily affirmed. 

STATE LAWS HELD UNCONSTITUTIONAL 2285

Justices concurring: Brennan, Douglas, Stewart, Marshall, Blackmun, Powell.

Justices dissenting: White, Rehnquist, Burger, C.J.. 

720. Taylor v. Louisiana, 419 U.S. 522 (1975). 

Constitutional and statutory provisions that a woman should not 

be selected for jury service unless she had previously filed a written 

declaration of her desire to be subject to jury service violates Sixth 

Amendment right of defendants to be tried before juries composed of 

a representative cross section of the community. 

Justices concurring: White, Douglas, Brennan, Stewart, Marshall, Blackmun, Powell. 

Justice concurring specially: Burger, C.J.. 

Justice dissenting: Rehnquist. 

721. North Georgia Finishing v. Di-Chem, 419 U.S. 601 (1975). 

Georgia statutes permitting writ of garnishment to be issued in 

pending suits on conclusory affidavit of plaintiff, prescribing filing of 

bond as the only method of dissolving the writ, which deprives defendant of the use of the property pending the litigation, and making 

no provision for an early hearing violates Fourteenth Amendment’s 

due process clause. 

Justices concurring: White, Douglas, Brennan, Stewart, Marshall. 

Justice concurring specially: Powell. 

Justices dissenting: Blackmun, Rehnquist, Burger, C.J.. 

722. Goss v. Lopez, 419 U.S. 565 (1975). 

Ohio statute authorizing suspension without a hearing of public 

school students for up to 10 days for misconduct denies students procedural due process in violation of the Fourteenth Amendment. 

Justices concurring: White, Douglas, Brennan, Stewart, Marshall. 

Justices dissenting: Powell, Blackmun, Rehnquist, Burger, C.J.. 

723. Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975). 

Georgia statute making it a misdemeanor to publish or broadcast 

the name of a rape victim may not be applied to such publishing or 

broadcasting when the name is part of a public record; consistent 

with the First Amendment, publication of such public record information is absolutely privileged. 

724. Austin v. New Hampshire, 420 U.S. 656 (1975). 

New Hampshire commuters income tax imposed on nonresidents 

violates the privileges and immunities clause, Art. IV. § 2, cl. 1, inasmuch as the State imposed no income tax on its residents’ domestic 

income and exempted from tax income earned by its residents outside 

the State, since the tax falls exclusively on nonresidents and is not 

offset even approximately by other taxes imposed upon residents 

alone.

2286 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: Marshall, Brennan, Stewart, White, Powell, Rehnquist, 

Burger, C.J.. 

Justice dissenting: Blackmun. 

725. Stanton v. Stanton, 421 U.S. 7 (1975). 

Utah age of majority statute applied in the context of child support requirements obligating parental support of son to age 21 but 

daugther only to age 18 is an invalid gender classification under the 

equal protection clause of the Fourteenth Amendment. 

726. Hill v. Stone, 421 U.S. 289 (1975). 

Texas constitution and statutes and city charter limiting the 

right to vote in city bond issue elections to persons who have listed 

property for taxation in the election district in the year of the election 

is void under the equal protection clause of the Fourteenth Amendment.

Justices concurring: Marshall, Brennan, White, Blackmun, Powell. 

Justices dissenting: Rehnquist, Stewart, Burger, C.J.. 

727. Meek v. Pittenger, 421 U.S. 349 (1975) (subsequently overruled). 

Pennsylvania laws authorizing direct provision to nonpublic 

school children of ‘‘auxiliary services’’, i.e., counseling, testing, speech 

and hearing therapy, etc., and loans to the nonpublic schools for instructional material and equipment constitute unlawful assistance to 

religion and are invalid under First Amendment. 

Justices concurring: Stewart, Douglas, Brennan, Marshall, Blackmun, Powell.

Justices dissenting: Burger, C.J., Rehnquist. 

728. Bigelow v. Virginia, 421 U.S. 809 (1975). 

Virginia statute making it a misdemeanor, by sale or circulation 

of any publication, to encourage or prompt the procuring of an abortion, as applied to the editor of a weekly newspaper who published 

an advertisement of an out-of-state abortion, is in violation of the 

First Amendment. 

Justices concurring: Blackmun, Douglas, Brennan, Stewart, Marshall, Powell, Burger, C.J.. 

Justices dissenting: Rehnquist, White. 

729. Herring v. New York, 422 U.S. 853 (1975). 

New York statute granting trial judge in a nonjury criminal case 

the power to deny counsel the opportunity to make a summation of 

the evidence before the rendition of judgment violates the Sixth 

Amendment.

Justices concurring: Stewart, Douglas, Brennan, White, Marshall, Powell. 

Justices dissenting: Rehnquist, Blackmun, Burger, C.J.. 

STATE LAWS HELD UNCONSTITUTIONAL 2287

730. Turner v. Department of Employment Security, 423 U.S. 44 (1975). 

Utah statute making pregnant women ineligible for unemployment compensation for a period extending from 12 weeks before expected childbirth until six weeks following violates Fourteenth 

Amendment due process clause. 

Justices concurring: Brennan, Stewart, White, Marshall, Powell. 

Justices dissenting: Rehnquist, Blackmun, Burger, C.J. (from summary action 

only).

731. Schwartz v. Vanasco, 423 U.S. 1041 (1976). 

District court decision invalidating as overbroad under the First 

Amendment New York law prohibiting attacks on candidate based on 

race, sex, religion, or ethnic background and prohibiting misrepresentations of candidate’s qualifications, positions, or political affiliation is 

summarily affirmed. 

732. Tucker v. Salera, 424 U.S. 959 (1976). 

District court decision voiding Pennsylvania election law provision requiring that candidates of ‘‘political bodies’’ collect nominating 

petition signatures between 10th and 7th Wednesdays prior to primary election and file them no later than 7th Wednesday prior to primary, insofar as it disqualifies papers signed after 7th Wednesday, is 

affirmed summarily. 

733. Virginia Bd. of Pharmacy v. Virginia Citizens Consumer Council, 425 

U.S. 748 (1976). 

State statute declaring it unprofessional conduct for a licensed 

pharmacist to advertise the price of prescription drugs violates the 

First Amendment right of citizens to receive the information thus 

suppressed.

Justices concurring: Blackmun, Brennan, Stewart, White, Marshall, Powell. 

Justice concurring specially: Burger, C.J.. 

Justice dissenting: Rehnquist. 

734. California State Bd. of Pharmacy v. Terry, 426 U.S. 913 (1976). 

District court decision holding violative of the First Amendment 

a California statute prohibiting the advertisement of the retail price 

of prescription drugs and prohibiting representation that price is a 

discount price, is summarily affirmed. 

735. Bryan v. Itasca County, 426 U.S. 373 (1976). 

Minnesota laws imposing personal property taxes cannot under 

the supremacy clause be constitutionally applied to an Indian’s mobile 

home located on the reservation. 

736. Planned Parenthood v. Danforth, 428 U.S. 52 (1976). 

Missouri’s abortion law that required, inter alia, spousal and parental consent before an abortion could be performed in appropriate 

2288 STATE LAWS HELD UNCONSTITUTIONAL 

circumstances, and that proscribed the saline amniocentesis abortion 

procedure after the first 12 weeks of pregnancy, was an unconstitutional infringement upon the liberty of pregnant women who wished 

to terminate their pregnancies. 

Justices concurring: Blackmun, Brennan, Stewart, Marshall, Powell. 

Justice dissenting: Stevens (on parental consent). 

Justices dissenting: White, Rehnquist, Burger, C.J.. 

737. Gerstein v. Coe, 428 U.S. 901 (1976). 

An appellate court decision invalidating the parental and spousal 

consent requirements of Florida’s abortion statute is summarily affirmed on the basis of Planned Parenthood v. Danforth.

738. Woodson v. North Carolina, 428 U.S. 280 (1976). 

North Carolina statute making death penalty mandatory upon 

conviction of first-degree murder violates Eighth Amendment, since 

determination to impose death must be individualized. 

Justices concurring: Stewart, Powell, Stevens. 

Justices concurring specially: Brennan, Marshall. 

Justices dissenting: Rehnquist, Blackmun, White, Burger, C.J.. 

739. Roberts v. Louisiana, 428 U.S. 325 (1976). 

Louisiana statute making death penalty mandatory upon conviction of first-degree murder violates the Eighth Amendment. 

740. Williams v. Oklahoma, 428 U.S. 907 (1976). 

Oklahoma’s death penalty statute violates the Eighth Amendment for the same reasons that North Carolina’s and Louisiana’s 

were held invalid in Woodson and Roberts, supra. 

741. Sendak v. Arnold, 429 U.S. 968 (1976). 

Indiana statute requiring all abortions, including those during 

first trimester of pregnancy, to be performed in hospital or licensed 

health facility was held unconstitutional by district court and decision 

is summarily affirmed. 

Justices concurring: Brennan, Stewart, Marshall, Blackmun, Powell, Stevens.

Justices dissenting: White, Rehnquist, Burger, C.J.. 

742. Exon v. McCarthy, 429 U.S. 972 (1976). 

District court holding that Nebraska statutory scheme that fails 

to provide method by which independent candidate for President may 

appear on ballot other than through certification by political party 

violates First and Fourteenth Amendments is summarily affirmed. 

743. Craig v. Boren, 429 U.S. 190 (1976). 

Oklahoma statutory prohibition of sale of ‘‘nonintoxicating’’ 3.2% 

beer to males under 21 and to females under 18 constituted an imperVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00128 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2289

missible gender-based classification that denied to males 18-20 equal 

protection.

Justices concurring: Brennan, White, Marshall, Blackmun, Powell, Stevens. 

Justice concurring specially: Stewart. 

Justices dissenting: Burger, C.J., Rehnquist. 

744. Lefkowitz v. C.D.R. Enterprises, 429 U.S. 1031 (1977). 

District court decision holding invalid as a discrimination against 

aliens a New York law granting public works employment preference 

to citizens who have resided in State for at least 12 months is summarily affirmed. 

745. Boston Stock Exchange v. State Tax Comm’n, 429 U.S. 318 (1977). 

New York transfer tax on securities transactions structured so 

that transactions involving an out-of-state sale are taxed more heavily 

than most transactions involving a sale within the State discriminates against interstate commerce in violation of the commerce 

clause.

746. Guste v. Weeks, 429 U.S. 1056 (1977). 

A district court decision voiding a Louisiana statute that effectively forbade abortions, that prohibited publicizing availability of 

abortion services, that required spousal or parental consent, and that 

forbade state employees to recommend abortions, is summarily affirmed.

747. Bowen v. Women’s Services, 429 U.S. 1067 (1977). 

District court decision invalidating Indiana parental consent requirement for abortion upon minor during first 12 weeks of pregnancy 

is summarily affirmed. 

748. Wooley v. Maynard, 430 U.S. 705 (1977). 

New Hampshire requirement that state license plates bear motto 

‘‘Live Free or Die’’ and making it a misdemeanor to obscure the motto 

coerces dissemination of ideological message by person on his own 

property and violates First Amendment. 

Justices concurring: Burger, C.J., Brennan, Stewart, White, Marshall, Powell, Stevens. 

Justices dissenting: Rehnquist, Blackmun. 

749. Trimble v. Gordon, 430 U.S. 762 (1977). 

Illinois law allowing illegitimate children to inherit by intestate 

succession only from their mothers while legitimate children may 

take from both parents denies illegitimates the equal protection of the 

laws.

Justices concurring: Powell, Brennan, White, Marshall, Stevens. 

Justices dissenting: Burger, C.J., Stewart, Blackmun, Rehnquist. 

2290 STATE LAWS HELD UNCONSTITUTIONAL 

750. United States Trust Co. v. New Jersey, 431 U.S. 1 (1977). 

Retroactive repeal of a New Jersey statutory covenant under 

which bonds had been sold by the Port Authority, the covenant having limited the authority’s ability to subsidize rail passenger transportation from revenues and reserves pledged as security for the bonds, 

impaired the obligations of the contract and violated Article I, § 10, 

cl. 1 

Justices concurring: Blackmun, Rehnquist, Stevens, Burger, C.J.. 

Justices dissenting: Brennan, White, Marshall. 

751. Chappelle v. Greater Baton Rouge Airport Dist., 431 U.S. 159 (1977). 

Louisiana statutory qualification of ownership of assessed property in jurisdiction in which airport is located as condition of appointment to airport commission is invalid. 

Justices concurring: Burger, C.J., Brennan, Stewart, White, Marshall, Blackmun, Powell, Stevens. 

Justice dissenting: Rehnquist. 

752. Roberts v. Louisiana, 431 U.S. 633 (1977). 

Louisiana statute imposing mandatory death sentence upon one 

convicted of first-degree murder of police officer engaged in performance of his duties violates Eighth Amendment. 

Justices concurring: Stewart, Powell, Stevens. 

Justices concurring specially: Brennan, Marshall. 

Justices dissenting: Burger, C.J., Blackmun, White, Rehnquist. 

753. Carey v. Population Services Int’l, 431 U.S. 678 (1977). 

New York law making it a crime (1) for any person to sell or distribute contraceptives to minors under 16, (2) for anyone other than 

a licensed pharmacist to distribute contraceptives to persons 16 or 

over, and (3) for anyone to advertise or display contraceptives violates 

First and Fourteenth Amendments. 

Justices concurring: Brennan, Stewart, Marshall, Blackmun. 

Justices concurring specially: White, Powell, Stevens. 

Justices dissenting: Burger, C.J., Rehnquist. 

754. Lefkowitz v. Cunningham, 431 U.S. 801 (1977). 

New York statute automatically removing from office and disqualifying from any office for next five years any political party officer 

who refuses to testify or to waive immunity against subsequent criminal prosecution when subpoenaed before an authorized tribunal violates Fifth Amendment self-incrimination clause. 

Justices concurring: Burger, C.J., Stewart, White, Blackmun, Powell. 

Justices concurring specially: Brennan, Marshall. 

Justice dissenting: Stevens. 

STATE LAWS HELD UNCONSTITUTIONAL 2291

755. Nyquist v. Mauclet, 432 U.S. 1 (1977). 

New York statutory provision barring from access to state financial assistance for higher education aliens who have not either applied for citizenship or affirmed the intent to apply when they qualify 

violates equal protection clause. 

Justices concurring: Blackmun, Brennan, White, Marshall, Stevens. 

Justices dissenting: Burger, C.J., Powell, Stewart, Rehnquist. 

756. Hunt v. Washington State Apple Advertising Comm’n, 432 U.S. 333 

(1977).

Washington statute requiring that all apples sold or shipped into 

State in closed containers be identified by no grade on containers 

other than applicable federal grade or a designation that apples are 

ungraded violates commerce clause by burdening and discriminating 

against interstate sale of Washington apples. 

757. Wolman v. Walter, 433 U.S. 229 (1977) (subsequently overruled). 

Ohio’s provision of loan of instructional material and equipment 

to nonpublic religious schools and transportation and services for field 

trips for nonpublic school pupils violates First Amendment religion 

clauses.

Justices concurring: Blackmun, Brennan, Stewart, Marshall, Stevens. 

Justices dissenting: Burger, C.J., White, Rehnquist; Powell (as to field trips 

only).

758. Shaffer v. Heitner, 433 U.S. 186 (1977). 

Delaware statute authorizing a court of the State to take jurisdiction of a lawsuit by sequestering property of defendant that happens 

to be located in State violates due process clause because it permits 

state courts to exercise jurisdiction in the absence of sufficient contacts among defendant, litigation, and State. 

759. Jernigan v. Lendall, 433 U.S. 901 (1977). 

District court decision invalidating Arkansas law that requires 

independent candidate for office to file for office no later than first 

Tuesday in April is summarily affirmed. 

760. Coker v. Georgia, 433 U.S. 584 (1977). 

Georgia statute authorizing death penalty as punishment for rape 

violates Eighth Amendment. 

Justices concurring: White, Stewart, Blackmun, Stevens. 

Justices concurring specially: Brennan, Marshall, Powell. 

Justices dissenting: Burger, C.J., Rehnquist. 

761. New York v. Cathedral Academy, 434 U.S. 125 (1977). 

New York’s authorization for reimbursement to nonpublic schools 

for performance of certain state-mandated services for remainder of 

2292 STATE LAWS HELD UNCONSTITUTIONAL 

school year to replace reimbursement program declared unconstitutional also violates First Amendment religion clause. 

Justices concurring: Stewart, Brennan, Marshall, Blackmun, Powell, Stevens.

Justices dissenting: White, Rehnquist, Burger, C.J.. 

762. Zablocki v. Redhail, 434 U.S. 374 (1978). 

A Wisconsin statute that requires court permission to marry for 

any resident having minor children in his custody and who is under 

a court order to support and that conditions permission on a showing 

that the support obligation has been met and that the children are 

not and are not likely to become public charges, violates equal protection clause. 

Justices concurring: Marshall, Brennan, White, Blackmun, Burger, C.J.. 

Justices concurring specially: Stewart, Powell, Stevens. 

Justice dissenting: Rehnquist. 

763. Ballew v. Georgia, 435 U.S. 223 (1978). 

Provisions of Georgia state law directing certain trials in criminal 

cases to be before five-person juries unconstitutionally impair the 

right to trial by jury. 

764. McDaniel v. Paty, 435 U.S. 618 (1978). 

Tennessee’s statutory qualification for delegates to state constitutional conventions, which incorporates a constitutional ban on ministers or priests serving as members of the legislature, violates the 

Free Exercise Clause. 

765. First Nat’l Bank v. Bellotti, 435 U.S. 765 (1978). 

Massachusetts criminal statute that banned banks and business 

corporations from making expenditures to influence referendum votes 

on any questions not affecting the property, business, or assets of the 

corporation violated the First Amendment. 

Justices concurring: Powell, Stewart, Blackmun, Stevens, Burger, C.J.. 

Justices dissenting: White, Brennan, Marshall, Rehnquist. 

766. Landmark Communications v. Virginia, 435 U.S. 829 (1978). 

Virginia statute making it a misdemeanor to divulge information 

regarding proceedings before a state judicial review commission cannot constitutionally be applied to persons who are not parties before 

the commission. 

767. Hicklin v. Orbeck, 437 U.S. 518 (1978). 

‘‘Alaska Hire’’ statute mandating that state residents be preferred 

to nonresidents in employment on oil and gas pipeline work violates 

Article IV, § 2, the privileges and immunities clause. 

STATE LAWS HELD UNCONSTITUTIONAL 2293

768. City of Philadelphia v. New Jersey, 437 U.S. 617 (1978). 

New Jersey law prohibiting importation into State for disposal at 

landfills of solid or liquid waste violates commerce clause. 

Justices concurring: Stewart, Brennan, White, Marshall, Blackmun, Powell, 

Stevens.

Justices dissenting: Rehnquist, Burger, C.J.. 

769. Allied Structural Steel Co. v. Spannaus, 438 U.S. 234 (1978). 

Minnesota’s statutory imposition on existing negotiated collective 

bargaining agreements of different terms respecting pensions impaired the employer’s rights under the obligation of contracts clause. 

Justices concurring: Stewart, Powell, Rehnquist, Stevens, Burger, C.J.. 

Justices dissenting: Brennan, White, Marshall. 

770. Lockett v. Ohio, 438 U.S. 586 (1978). 

Ohio statute authorizing imposition of death penalty upon conviction of first-degree murder unconstitutionally restricted consideration 

of mitigating factors by the sentencing party. 

Justices concurring: Burger, C.J., Stewart, Powell, Stevens. 

Justices concurring specially: White, Marshall, Blackmun. 

Justices dissenting: Rehnquist. 

771. Duren v. Missouri, 439 U.S. 357 (1979). 

Missouri statute, implementing a constitutional provision, which 

provides for the excusal of any women requesting exemption from 

jury service, operates to violate the fair cross section requirement of 

Sixth and Fourteenth Amendments because of the underrepresentation of women jurors that results. 

Justices concurring: White, Brennan, Stewart, Marshall, Blackmun, Powell, 

Stevens, Burger, C.J.. 

Justice dissenting: Rehnquist. 

772. Colautti v. Franklin, 439 U.S. 379 (1979). 

Provisions of Pennsylvania abortion law that require the physician to make a determination that the fetus is not viable and if it is 

viable to exercise the same care to preserve the fetus’ life and health 

as would be required in the case of a fetus intended to be born alive 

are void for vagueness under the due process clause of the Fourteenth 

Amendment.

Justices concurring: Blackmun, Brennan, Stewart, Marshall, Powell, Stevens.

Justices dissenting: White, Rehnquist, Burger, C.J.. 

773. Illinois State Bd. of Elections v. Socialist Workers Party, 440 U.S. 173 

(1979).

Illinois law requiring new political parties and independent candidates to obtain signatures of 5% of the number of persons who voted 

2294 STATE LAWS HELD UNCONSTITUTIONAL 

at the previous election for such office in order to get on the ballot 

in political subdivisions of the State, insofar as it applies to mandate 

the obtaining of a greater number and proportion of signatures than 

is required to get on the ballot for statewide office, lacks a rational 

basis and violates the equal protection clause of the Fourteenth 

Amendment.

Justices concurring: Marshall, Brennan, Stewart, White, Powell. 

Justices concurring specially: Blackmun, Stevens, Rehnquist, Burger, C.J.. 

774. Orr v. Orr, 440 U.S. 268 (1979). 

An Alabama statute that imposes alimony obligations on husbands but not wives violates the equal protection clause of the Fourteenth Amendment. 

Justices concurring: Brennan, Stewart, White, Marshall, Blackmun, Stevens. 

Justices dissenting (on other grounds): Powell, Rehnquist, Burger, C.J.. 

775. Ashcroft v. Freiman, 440 U.S. 941 (1979). 

A federal court decision invalidating under the Fourteenth 

Amendment’s due process clause a Missouri statute requiring doctor 

to verbally inform any woman seeking abortion that, if live born infant results, woman will lose her parental rights, is summarily affirmed.

776. Quern v. Hernandez, 440 U.S. 951 (1979). 

District court decision voiding as denial of due process under 

Fourteenth Amendment Illinois attachment law because it permits attachment prior to filing of complaint and prior to notice to debtor is 

summarily affirmed. 

777. Burch v. Louisiana, 441 U.S. 130 (1979). 

Statutory implementation of Louisiana constitutional provision 

permitting conviction for a nonpetty offense by five out of six jurors 

violates the right to trial by jury guaranteed by the Sixth and Fourteenth Amendments. 

778. Hughes v. Oklahoma, 441 U.S. 322 (1979). 

Oklahoma statute prohibiting transportation or shipment for sale 

outside the State of natural minnows seined or procured from waters 

within the State violates the commerce clause. 

Justices concurring: Brennan, Stewart, White, Marshall, Blackmun, Powell, 

Stevens.

Justices dissenting: Rehnquist, Burger, C.J.. 

779. Caban v. Mohammed, 441 U.S. 380 (1979). 

New York law permitting an unwed mother but not an unwed father to block the adoption of their child by withholding consent is an 

impermissible gender distinction violative of the equal protection 

clause of the Fourteenth Amendment. 

STATE LAWS HELD UNCONSTITUTIONAL 2295

Justices concurring: Powell, Brennan, White, Marshall, Blackmun. 

Justices dissenting: Stewart, Stevens, Rehnquist, Burger, C.J.. 

780. Japan Line v. County of Los Angeles, 441 U.S. 434 (1979). 

Imposition of California ad valorem property tax upon cargo containers which are based, registered, and subjected to property tax in 

Japan results in multiple taxation of instrumentalities of foreign commerce and violates the commerce clause. 

Justices concurring: Blackmun, Brennan, Stewart, White, Marshall, Powell, 

Stevens, Burger, C.J.. 

Justice dissenting: Rehnquist. 

781. Beggans v. Public Funds for Public Schools, 442 U.S. 907 (1979). 

Federal court decision invalidating New Jersey statute that allowed taxpayers personal deduction from gross income for each of 

their dependent children attending nonpublic elementary or secondary schools as a violation of the First Amendment’s religion clause 

is summarily affirmed. 

782. Smith v. Daily Mail Publishing Co., 443 U.S. 97 (1979). 

West Virginia statute that makes it a crime for a newspaper to 

publish, without the written approval of the juvenile court, the name 

of any youth charged as a juvenile offender violates the First and 

Fourteenth Amendments. 

783. Bellotti v. Baird, 443 U.S. 622 (1979). 

Massachusetts law requiring parental consent for an abortion for 

a woman under age 18 and providing for a court order permitting 

abortion for good cause if parental consent is refused violates the due 

process clause of the Fourteenth Amendment. 

Justices concurring: Powell, Stewart, Rehnquist, Burger, C.J.. 

Justices concurring specially: Stevens, Brennan, Marshall, Blackmun. 

Justice dissenting: White. 

784. Vance v. Universal Amusement Co., 445 U.S. 308 (1980). 

Texas public nuisance statute authorizing state judges, on the 

basis of a showing that a theater exhibited obscene films in the past, 

to enjoin its future exhibition of films not yet found to be obscene is 

an invalid prior restraint violative of the First and Fourteenth 

Amendments.

Justices concurring: Brennan, Stewart, Marshall, Blackmun, Stevens. 

Justices dissenting (on other grounds): Powell, Burger, C.J.. 

Justices dissenting: White, Rehnquist. 

785. Vitek v. Jones, 445 U.S. 480 (1980). 

A Nebraska statute that authorizes authorities to summarily 

transfer a prison inmate from jail to another institution if a physician 

finds that he suffers from a mental disease or defect and cannot be 

2296 STATE LAWS HELD UNCONSTITUTIONAL 

given proper treatment in jail violates the liberty guaranteed by the 

due process clause of the Fourteenth Amendment unless the transfer 

is accompanied by adequate procedural protections. 

Justices concurring: White, Brennan, Marshall, Powell, Stevens. 

Justices dissenting (on other grounds): Stewart, Blackmun, Rehnquist, Burger, 

C.J..

786. Payton v. New York, 445 U.S. 573 (1980). 

New York statute authorizing police officers to enter a private 

residence without a warrant and without necessarily exigent circumstances to effectuate a felony arrest violates the Fourth and Fourteenth Amendments. 

Justices concurring: Stevens, Brennan, Stewart, Marshall, Blackmun, Powell.

Justices dissenting: White, Rehnquist, Burger, C.J.. 

787. Wengler v. Druggists Mutual Ins. Co., 446 U.S. 142 (1980). 

Missouri workers’ compensation law denying a widower benefits 

on his wife’s work-related death unless he either is mentally or physically incapacitated or proves dependence on her earnings, but granting a widow death benefits regardless of her dependency, is a gender 

discrimination violative of the equal protection clause of the Fourteenth Amendment. 

Justices concurring: White, Brennan, Stewart, Marshall, Blackmun, Powell, 

Burger, C.J.. 

Justice dissenting: Rehnquist. 

788. Lewis v. BT Investment Managers, 447 U.S. 27 (1980). 

Florida statute prohibiting out-of-state banks, bank holding companies, and trust companies from owning or controlling a business 

within the State that sells investment advisory services violates the 

commerce clause. 

789. Carey v. Brown, 447 U.S. 455 (1980). 

Illinois statute that prohibits picketing of residences or dwellings, 

but exempts peaceful picketing of such buildings that are places of 

employment in which there is a labor dispute, violates the equal protection clause of the Fourteenth Amendment. 

Justices concurring: Brennan, Stewart, White, Marshall, Powell, Stevens. 

Justices dissenting: Rehnquist, Blackmun, Burger, C.J.. 

790. Beck v. Alabama, 447 U.S. 625 (1980). 

Alabama’s capital punishment statute, which forbids giving the 

jury the option of convicting a defendant of a lesser included offense 

but requires it to convict on the capital offense or acquit, violates the 

Eighth and Fourteenth Amendments. 

STATE LAWS HELD UNCONSTITUTIONAL 2297

791. Minnesota v. Planned Parenthood, 448 U.S. 901 (1980). 

A federal court decision holding that a Minnesota statute authorizing grants for pre-pregnancy family planning to hospitals and 

health maintenance organizations but prohibiting such grants to 

other nonprofit organizations if they perform abortions violates equal 

protection clause is summarily affirmed. 

792. Stone v. Graham, 449 U.S. 39 (1980). 

Kentucky statute requiring copy of Ten Commandments, purchased with private contributions, to be posted on the wall of each 

public classroom in the State violates the establishment clause of the 

First Amendment. 

Justices concurring: Brennan, White, Marshall, Powell, Stevens. 

Justices dissenting: Burger, C.J., Blackmun, Stewart, Rehnquist. 

793. Webb’s Fabulous Pharmacies v. Beckwith, 449 U.S. 155 (1980). 

Florida’s statutory authorization for county to retain as its own 

interest accruing on interpleader fund deposited in registry of county 

court was a taking violating the Fifth and Fourteenth Amendments. 

794. Weaver v. Graham, 450 U.S. 24 (1981). 

Florida statute repealing an earlier law and reducing the amount 

of ‘‘gain time’’ for good conduct and obedience to prison rules deducted 

from a convicted prisoner’s sentence is an invalid ex post facto law 

as applied to one whose crime was committed prior to the statute’s 

enactment.

795. Jefferson County v. United States, 450 U.S. 901 (1981). 

Court of Appeals decision holding invalid a Colorado statute that 

imposed use tax on government-owned, contractor operated facility as 

constituting ad valorem general property tax on federal government 

property and thus contravening the supremacy clause is summarily 

affirmed.

796. Democratic Party v. Wisconsin ex rel. La Follette, 450 U.S. 107 (1981). 

Wisconsin law mandating national convention delegates chosen at 

party’s state convention to vote at the national convention for the candidate prevailing in the State’s preference primary, in which voters 

may participate without regard to party affiliation, violates the First 

Amendment right of association of the national party, whose rules 

preclude seating of delegates who were not selected in accordance 

with national party rules, including the limiting of the selection process to those voters affiliated with the party. 

Justices concurring: Stewart, Brennan, White, Marshall, Stevens, Burger, 

C.J..

Justices dissenting: Powell, Blackmun, Rehnquist. 

2298 STATE LAWS HELD UNCONSTITUTIONAL 

797. Kirchberg v. Feenstra, 450 U.S. 455 (1981). 

Louisiana statute giving husband unilateral right to dispose of 

jointly-owned community property without wife’s consent is an impermissible sex classification and violates equal protection clause. 

798. Kassel v. Consolidated Freightways Corp., 450 U.S. 662 (1981). 

Iowa statute barring 65-foot double-trailer trucks on State’s highways, while all neighboring States permit them, violates the commerce clause. 

Justices concurring: Powell, White, Blackmun, Stevens. 

Justices concurring specially: Brennan, Marshall. 

Justices dissenting: Rehnquist, Stewart, Burger, C.J.. 

799. Maryland v. Louisiana, 451 U.S. 725 (1981). 

Louisiana’s ′′first-use tax′′ statute, which, because of exceptions 

and credits, imposes a tax only on natural gas moving out-of-state, 

impermissibly discriminates against interstate commerce, and another provision that required pipeline companies to allocate the cost 

of tax to ultimate consumer is preempted by federal law. 

800. Little v. Streater, 452 U.S. 1 (1981). 

Connecticut statute requiring person in paternity action who requests blood grouping tests to bear cost of tests denies due process 

in violation of Fourteenth Amendment to an indigent against whom 

State has required institution of paternity action. 

801. Campbell v. John Donnelly & Sons, 453 U.S. 916 (1981). 

Court of Appeals decision holding violative of First Amendment 

a Maine statute prohibiting roadside billboards, except for signs announcing place and time of religious or civic events, election campaign 

signs, and signs erected by historic and cultural institutions, is summarily affirmed. 

802. Louisiana Dairy Stabilization Bd. v. Dairy Fresh Corp., 454 U.S. 884 

(1981).

Court of Appeals decision holding violative of the commerce 

clause a Louisiana milk industry regulatory statute, which required 

all dairy product processors, including out-of-state processors, who 

sell dairy products to retailer or distributor for resale in State to pay 

assessment per unit of milk for use in administration and enforcement of statute, is summarily affirmed. 

803. Brockett v. Spokane Arcades, 454 U.S. 1022 (1981). 

Court of Appeals decision holding violative of First Amendment 

a Washington statute which authorized courts to issue temporary and 

permanent injunctions, without providing prompt trial on merits, 

against any business that regularly sells or exhibits ‘‘lewd matter’’ is 

summarily affirmed. 

STATE LAWS HELD UNCONSTITUTIONAL 2299

804. Firestone v. Let’s Help Florida, 454 U.S. 1130 (1982). 

Court of Appeals decision holding violative of the First Amendment a Florida statute that restricts size of contributions to political 

committees organized to support or oppose referenda is summarily affirmed.

805. Treen v. Karen B., 455 U.S. 913 (1982). 

Court of Appeals decision holding violative of First Amendment 

establishment clause Louisiana statute authorizing school boards to 

permit students to participate in one-minute prayer period at start of 

school day, upon parental consent, is summarily affirmed. 

806. Santosky v. Kramer, 455 U.S. 745 (1982). 

Provision of New York law authorizing termination of parental 

rights upon proof by only a fair preponderance of the evidence violates the due process clause of the Fourteenth Amendment. 

Justices concurring: Blackmun, Brennan, Marshall, Powell, Stevens. 

Justices dissenting: Rehnquist, White, O’Connor, Burger, C.J.. 

807. California State Bd. of Equalization v. United States, 456 U.S. 901 

(1982).

A court of appeals decision invalidating as an impermissible infringement of the immunity of the United States from state taxation 

a California sales tax based on gross rentals paid by United States 

to lessors of data processing and other equipment, which permitted 

the lessor to maximize profit only by separately stating and collecting 

a tax from the lessee, is summarily affirmed. 

808. Brown v. Hartlage, 456 U.S. 45 (1982). 

Kentucky statute prohibiting candidate from offering material 

benefits to voters in consideration for their votes violates First 

Amendment speech clause as applied to a candidate’s promise to 

lower salary of his office if elected. 

809. Mills v. Habluetzel, 456 U.S. 91 (1982). 

Texas statute imposing one-year period from date of birth to 

bring action to establish paternity of illegitimate child, paternity 

being necessary for child to obtain support from father at any time 

during his minority, denies equal protection of the laws. 

810. Larson v. Valente, 456 U.S. 228 (1982). 

Provision of Minnesota charitable solicitations law exempting 

from registration and reporting only those religious organizations that 

receive more than half of their total contributions from members or 

affiliated organizations is an impermissible denominational preference and violates First Amendment establishment clause. 

Justices concurring: Brennan, Marshall, Blackmun, Powell, Stevens. 

2300 STATE LAWS HELD UNCONSTITUTIONAL 

Justices dissenting: White, Rehnquist (on merits); O’Connor, Burger, C.J. (on 

standing).

811. Greene v. Lindsey, 456 U.S. 444 (1982). 

Kentucky statute authorizing service of process in forcible entry 

and detainer action by posting summons in a conspicuous place if no 

one could be found on premises denies due process on showing that 

notices are often removed before defendants find them. 

Justices concurring: Brennan, White, Marshall, Blackmun, Powell, Stevens. 

Justices dissenting: O’Connor, Rehnquist, Burger, C.J.. 

812. Zobel v. Williams, 457 U.S. 55 (1982). 

Alaska law providing a dividend distribution to all State’s adult 

residents from earnings on oil and mineral development in State denies equal protection of the laws by determining amount of dividend 

for each person by the length of residency in State. 

Justices concurring: Burger, C.J., Brennan, White, Marshall, Blackmun, Powell, Stevens. 

Justice concurring specially: O’Connor. 

Justice dissenting: Rehnquist. 

813. Plyler v. Doe, 457 U.S. 202 (1982). 

Texas statute withholding state funds from local school districts 

for the education of any children not legally admitted into United 

States and authorizing boards to deny enrollment to such children denies the equal protection of the laws. 

Justices concurring: Brennan, Marshall, Blackmun, Powell, Stevens. 

Justices dissenting: Burger, C.J., White, Rehnquist, O’Connor. 

814. Globe Newspaper Co. v. Superior Court, 457 U.S. 596 (1982). 

Massachusetts statute requiring, under all circumstances, exclusion of press and public during testimony of minor victim of a sex offense violates the First Amendment. 

Justices concurring: Brennan, White, Marshall, Blackmun, Powell. 

Justice concurring specially: O’Connor. 

Justices dissenting: Burger, C.J., Rehnquist, Stevens. 

815. Edgar v. MITE Corp., 457 U.S. 624 (1982). 

Illinois take-over statute which extensively regulates tender 

offerors and imposes registration and reporting requirements, because 

it directly regulates and prevents interstate tender offers and because 

the burdens on interstate commerce are excessive compared with local 

interests served, violates the commerce clause. 

Justices concurring: White, Blackmun, Powell, Stevens, O’Connor, Burger, 

C.J..

Justices dissenting: Marshall, Brennan, Rehnquist (all on mootness 

grounds).

STATE LAWS HELD UNCONSTITUTIONAL 2301

816. Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982). 

New York statute requiring landlords to permit installation of 

cable television wiring on their property and limiting fee charged to 

that determined to be reasonable by a commission (which set a onetime $1 fee) constituted a taking of property in violation of the Fifth 

and Fourteenth Amendments. 

817. Washington v. Seattle School Dist., 458 U.S. 457 (1982). 

Washington statutory provision, enacted by initiative vote of the 

electorate, barring school boards from busing students for racially integrative purposes denies the equal protection of the laws. 

Justices concurring: Blackmun, Brennan, Marshall, White, Stevens. 

Justices dissenting: Powell, Rehnquist, O’Connor, Burger, C.J.. 

818. Enmund v. Florida, 458 U.S. 782 (1982). 

Florida’s felony-murder statute, authorizing the death penalty 

solely for participation in a robbery in which another robber kills 

someone, violates the Eighth Amendment. 

Justices concurring: White, Brennan, Marshall, Blackmun, Stevens. 

Justices dissenting: O’Connor, Powell, Rehnquist, Burger, C.J.. 

819. Sporhase v. Nebraska ex rel. Douglas, 458 U.S. 941 (1982). 

A Nebraska state statute requiring a permit before anyone withdraws ground water from any well located in the State and transports 

it across state line and providing for denial of permit unless the State 

to which the water will be transported grants reciprocal rights to 

withdraw and transport water into Nebraska violates the commerce 

clause.

Justices concurring: Stevens, Brennan, White, Marshall, Blackmun, Powell, 

Burger, C.J.. 

Justices dissenting: Rehnquist, O’Connor. 

820. Brown v. Socialist Workers ’74 Campaign Comm., 459 U.S. 87 (1982). 

Ohio statute requiring candidates to disclose the names and addresses of campaign contributors and the recipients of campaign expenditures is invalid, under the First Amendment, as applied to a 

minor political party whose members and supporters may be subjected to harassment or reprisals. 

Justices concurring: Marshall, Brennan, White, Powell, Burger, C.J.. 

Justice concurring specially: Blackmun. 

Justices concurring in part and dissenting in part: O’Connor, Rehnquist, Stevens.

821. Larkin v. Grendel’s Den, 459 U.S. 116 (1982). 

Massachusetts statute permitting any church to block issuance of 

a liquor license to any establishment to be located within 500 feet of 

the church violates the Establishment Clause by delegating governmental decisionmaking to a church. 

2302 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: Burger, C.J., Brennan, White, Marshall, Blackmun, Powell, Stevens. 

Justice dissenting: Rehnquist. 

822. King v. Sanchez, 459 U.S. 801 (1982). 

Federal district court’s decision invalidating New Mexico legislative reapportionment as violating the one person, one vote requirement of the Equal Protection Clause because the ‘‘votes cast’’ formula 

resulted in substantial population variances among districts, is summarily affirmed. 

823. Minneapolis Star & Tribune Co. v. Minnesota Comm’r of Revenue, 460 

U.S. 575 (1983). 

Minnesota ink and paper use tax violates the First Amendment 

by providing ‘‘differential treatment’’ for the press. 

Justices concurring: O’Connor, Brennan, Marshall, Powell, Stevens, Burger, 

C.J..

Justices concurring specially: White, Blackmun. 

Justice dissenting: Rehnquist. 

824. Anderson v. Celebrezze, 460 U.S. 780 (1983). 

Ohio statute requiring independent candidates for President and 

Vice-President to file nominating petitions by March 20 in order to 

qualify for the November ballot is unconstitutional as substantially 

burdening the associational rights of the candidates and their supporters.

Justices concurring: Stevens, Brennan, Marshall, Blackmun, Burger, C.J.. 

Justices dissenting: Rehnquist, White, Powell, O’Connor. 

825. Kolender v. Lawson, 461 U.S. 352 (1983). 

California statute requiring that a person detained in a valid 

Terry stop provide ‘‘credible and reliable’’ identification is unconstitutionally vague in violation of the Fourteenth Amendment Due Process Clause. 

Justices concurring: O’Connor, Brennan, Marshall, Blackmun, Powell, Stevens.

Justices dissenting: White, Rehnquist. 

826. Pickett v. Brown, 462 U.S. 1 (1983). 

Tennessee’s two-year statute of limitations for paternity and child 

support actions violates the equal protection rights of illegitimates. 

827. Planned Parenthood Ass’n v. Ashcroft, 462 U.S. 476 (1983). 

Missouri statute requiring that all abortions performed after the 

first trimester of pregnancy be performed in a hospital unreasonably 

infringes upon the right of a woman to have an abortion. 

Justices concurring (on this issue only): Powell, Brennan, Marshall, Blackmun, Stevens, Burger, C.J.. 

STATE LAWS HELD UNCONSTITUTIONAL 2303

Justices dissenting: O’Connor, White, Rehnquist. 

828. Karcher v. Daggett, 462 U.S. 725 (1983). 

New Jersey congressional districting statute creating districts in 

which the deviation between largest and smallest districts was 0.7%, 

or 3,674 persons, violates Art. I, § 2’s ‘‘equal representation’’ requirement as not resulting from a good-faith effort to achieve population 

equality.

Justices concurring: Brennan, Marshall, Blackmun, Stevens, O’Connor. 

Justices dissenting: White, Powell, Rehnquist, Burger, C.J.. 

829. Mennonite Bd. of Missions v. Adams, 462 U.S. 791 (1983). 

Indiana statute providing for constructive notice to mortgagee of 

tax sale of real property violates the Due Process Clause of the Fourteenth Amendment; instead, personal service or notice by mail is required.

Justices concurring: Marshall, Brennan, White, Blackmun, Stevens, Burger, 

C.J..

Justices dissenting: O’Connor, Powell, Rehnquist. 

830. Healy v. United States Brewers Ass’n, 464 U.S. 909 (1983). 

Appeals court decision invalidating as an undue burden on interstate commerce the beer price ‘‘affirmation’’ provisions of Connecticut’s liquor control laws, which restrict out-of-state sales to prices set 

for in-state sales, is summarily affirmed. 

831. Westinghouse Elec. Corp. v. Tully, 466 U.S. 388 (1984). 

New York corporate franchise tax unconstitutionally discriminates against interstate commerce by allowing an offsetting credit for 

receipts from products shipped from an in-state place of business. 

832. Wallace v. Jaffree, 466 U.S. 924 (1984). 

Appeals court decision holding invalid under the Establishment 

Clause an Alabama statute authorizing the recitation in public 

schools of a government-composed prayer is summarily affirmed. 

833. Bernal v. Fainter, 467 U.S. 216 (1984). 

Texas requirement that a notary public be a United States citizen 

furthers no compelling state interest and denies equal protection of 

the laws to resident aliens. 

Justices concurring: Marshall, Brennan, White, Blackmun, Powell, Stevens, 

O’Connor, Burger, C.J.. 

Justice dissenting: Rehnquist. 

834. Armco, Inc. v. Hardesty, 467 U.S. 638 (1984). 

West Virginia gross receipts tax on businesses selling tangible 

property at wholesale unconstitutionally discriminates against interstate commerce due to exemption granted local manufacturers. 

2304 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: Powell, Brennan, White, Marshall, Blackmun, Stevens, 

O’Connor, Burger, C.J.. 

Justice dissenting: Rehnquist. 

835. Secretary of State of Maryland v. Joseph H. Munson Co., 467 U.S. 947 

(1984).

Maryland prohibition on charitable organizations paying more 

than 25% of solicited funds for expenses of fundraising violates the 

Fourteenth Amendment by creating an unnecessary risk of chilling 

protected First Amendment activity. 

Justices concurring: Blackmun, Brennan, White, Marshall, Stevens. 

Justices dissenting: Rehnquist, Powell, O’Connor, Burger, C.J.. 

836. Brown v. Brandon, 467 U.S. 1223 (1984). 

Federal district court decision that Ohio congressional districting 

plan is invalid because population variances were shown to be not unavoidable and were not justified by legitimate state interest is summarily affirmed. 

837. Bacchus Imports v. Dias, 468 U.S. 263 (1984). 

Hawaii excise tax on wholesale liquor sales, exempting sales of 

specified local products, violates Commerce Clause by discriminating 

in favor of local commerce. 

Justices concurring: White, Marshall, Blackmun, Powell, Burger, C.J.. 

Justices dissenting: Stevens, Rehnquist, O’Connor. 

838. Deukmejian v. National Meat Ass’n, 469 U.S. 1100 (1985). 

Appeals court holding that California tax on sales by out-of-state 

beef processors discriminates against interstate commerce in violation 

of the Commerce Clause, there being no corresponding and comparable tax on in-state processors, is summarily affirmed. 

839. Westhafer v. Worrell Newspapers, 469 U.S. 1200 (1985). 

Appeals court decision holding invalid under the First Amendment an Indiana statute punishing as contempt the publication of the 

name of an individual against whom a sealed indictment or information has been filed is summarily affirmed. 

840. Metropolitan Life Ins. Co. v. Ward, 470 U.S. 869 (1985). 

Alabama’s domestic preference tax, imposing a substantially 

lower gross premiums tax rate on domestic insurance companies than 

on out-of-state insurance companies, violates the Equal Protection 

Clause.

Justices concurring: Powell, White, Blackmun, Stevens, Burger, C.J.. 

Justices dissenting: O’Connor, Brennan, Marshall, Rehnquist. 

841. Board of Educ. v. National Gay Task Force, 470 U.S. 903 (1985). 

Court of appeals decision holding unconstitutionally overbroad in 

violation of the First and Fourteenth Amendments an Oklahoma statVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00144 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2305

ute prohibiting advocating, encouraging, or promoting homosexual 

conduct is affirmed by equally divided vote. 

842. Hunter v. Underwood, 471 U.S. 222 (1985). 

Provision of Alabama Constitution requiring disenfranchisement 

for crimes involving moral turpitude, adopted in 1901 for the purpose 

of racial discrimination, violates the Equal Protection Clause. 

843. Williams v. Vermont, 472 U.S. 14 (1985). 

Vermont use tax discriminating between residents and nonresidents in application of a credit for automobile sales taxes paid to 

another state violates the Equal Protection Clause. 

Justices concurring: White, Brennan, Marshall, Stevens, Burger, C.J.. 

Justices dissenting: Blackmun, Rehnquist, O’Connor. 

844. Wallace v. Jaffree, 472 U.S. 38 (1985). 

Alabama statute authorizing a one-minute period of silence in 

public schools ‘‘for meditation or voluntary prayer’’ violates the Establishment Clause, the record indicating that the sole legislative purpose in amending the statute to add ‘‘or voluntary prayer’’ was to return voluntary prayer to the public schools. 

Justices concurring: Stevens, Brennan, Marshall, Blackmun, Powell. 

Justice concurring specially: O’Connor. 

Justices dissenting: White, Rehnquist, Burger, C.J.. 

845. Jensen v. Quaring, 472 U.S. 478 (1985). 

Appeals court decision holding invalid Nebraska’s driver’s licensing requirement that applicant be photographed, and that photo be 

affixed to license, as burdening the free exercise of sincerely held religious beliefs against submitting to being photographed, is affirmed by 

equally divided vote. 

846. Brockett v. Spokane Arcades, 472 U.S. 491 (1985). 

Washington ‘‘moral nuisance’’ statute is invalid under the First 

Amendment to the extent that it proscribes exhibition of films or sale 

of publications inciting ‘‘lust,’’ defined as referring to normal sexual 

desires.

Justices concurring: White, Blackmun, Rehnquist, Stevens, O’Connor, Burger, 

C.J..

Justices dissenting on other grounds: Brennan, Marshall. 

847. Hooper v. Bernalillo County Assessor, 472 U.S. 612 (1985). 

New Mexico property tax exemption for Vietnam War veterans 

who became residents before May 8, 1976, violates the Equal Protection Clause as not meeting the rational basis test. 

Justices concurring: Burger, C.J., Brennan, White, Marshall, Blackmun. 

Justices dissenting: Stevens, Rehnquist, O’Connor. 

2306 STATE LAWS HELD UNCONSTITUTIONAL 

848. Estate of Thornton v. Caldor, Inc., 472 U.S. 703 (1985). 

Connecticut statute requiring employers to honor the Sabbath 

day of the employee’s choice violates the Establishment Clause. 

Justices concurring: Burger, C.J., Brennan, White, Marshall, Blackmun, Powell, Stevens, O’Connor. 

Justice dissenting: Rehnquist. 

849. Philadelphia Newspapers v. Hepps, 475 U.S. 767 (1986). 

Pennsylvania statute incorporating the common law rule that defamatory statements are presumptively false violates the First 

Amendment as applied to a libel action brought by a private figure 

against a media defendant; instead, the plaintiff must bear the burden of establishing falsity. 

Justices concurring: O’Connor, Brennan, Marshall, Blackmun, Powell. 

Justices dissenting: Stevens, White, Rehnquist, Burger, C.J.. 

850. Brown-Forman Distillers v. New York State Liquor Auth., 476 U.S. 573 

(1986).

New York affirmation law, having the practical effect of controlling liquor prices in other states, violates the Commerce Clause. 

Justices concurring: Marshall, Powell, O’Connor, Burger, C.J.. 

Justice concurring specially: Blackmun. 

Justices dissenting: Stevens, White, Rehnquist. 

851. Thornburgh v. American College of Obstetricians and Gynecologists,

476 U.S. 747 (1986) (subsequently overruled in part). 

Pennsylvania statute prescribing a variety of requirements for 

performance of an abortion, including informed consent, reporting of 

various information concerning the mother’s history and condition, 

and standard-of-care and second-physician requirements after viability, infringes a woman’s Roe v. Wade right to have an abortion. 

Justices concurring: Blackmun, Brennan, Marshall, Powell, Stevens. 

Justices dissenting: Burger, C.J., White, Rehnquist, O’Connor. 

852. Attorney General of New York v. Soto-Lopez, 476 U.S. 898 (1986). 

New York Civil Service Law employment preference for New 

York residents who are honorably discharged veterans and were New 

York residents when they entered military service violates the Equal 

Protection Clause. 

Justices concurring: Brennan, Marshall, Blackmun, Powell. 

Justices concurring specially: White, Burger, C.J.. 

Justices dissenting: Stevens, O’Connor, Rehnquist. 

853. Tashjian v. Republican Party of Connecticut, 479 U.S. 208 (1986). 

Connecticut statute imposing a ‘‘closed primary’’ under which persons not registered with a political party may not vote in its primaries violates the First and Fourteenth Amendments by preventing 

STATE LAWS HELD UNCONSTITUTIONAL 2307

political parties from entering into political association with individuals of their own choosing. 

Justices concurring: Marshall, Brennan, White, Blackmun, Powell. 

Justices dissenting: Stevens, Scalia, O’Connor, Rehnquist, C.J.. 

854. Babbitt v. Planned Parenthood, 479 U.S. 925 (1986). 

Appeals court decision invalidating Arizona statute prohibiting 

grant of public funds to any organization performing abortion-related 

services is summarily affirmed. 

855. Wilkinson v. Jones, 480 U.S. 926 (1987). 

Appeals court decision holding unconstitutionally vague and 

overbroad Utah statute barring cable television systems from showing 

‘‘indecent material’’ is summarily affirmed. 

856. Arkansas Writers’ Project, Inc. v. Ragland, 481 U.S. 221 (1987). 

Arkansas sales tax exemption for newspapers and for ‘‘religious, 

professional, trade, and sports journals’’ published within the state 

violates the First and Fourteenth Amendments as a content-based 

regulation of the press. 

Justices concurring: Marshall, Brennan, White, Blackmun, Powell, O’Connor.

Justice concurring specially: Stevens. 

Justices dissenting: Scalia, Rehnquist, C.J.. 

857. Miller v. Florida, 482 U.S. 423 (1987). 

Florida’s revised sentencing guidelines law, under which the presumptive sentence for certain offenses was raised, contravenes the ex 

post facto clause of Article I as applied to someone who committed 

those offenses before the revision. 

858. Booth v. Maryland, 482 U.S. 496 (1987). 

Maryland statute requiring preparation of a ‘‘victim impact statement’’ describing the effect of a crime on a victim and his family violates the Eighth Amendment to the extent that it requires introduction of the statement at the sentencing phase of a capital murder 

trial. Booth was overruled in Payne v. Tennessee, 501 U.S. 808 (1991). 

Justices concurring: Powell, Brennan, Marshall, Blackmun, Stevens. 

Justices dissenting: White, O’Connor, Scalia, Rehnquist, C.J.. 

859. Edwards v. Aguillard, 482 U.S. 578 (1987). 

Louisiana statute mandating balanced treatment of ‘‘creationscience’’ and ‘‘evolution-science’’ in the public schools is an invalid establishment of religion in violation of the First Amendment. 

Justices concurring: Brennan, Marshall, Powell, Stevens, O’Connor. 

Justice concurring specially: White. 

Justices dissenting: Scalia, Rehnquist, C.J.. 

2308 STATE LAWS HELD UNCONSTITUTIONAL 

860. Sumner v. Shuman, 483 U.S. 66 (1987). 

Nevada statute under which a prison inmate convicted of murder 

while serving a life sentence without possibility of parole is automatically sentenced to death is invalid under the Eighth Amendment as 

preventing the sentencing authority from considering as mitigating 

factors aspects of a defendant’s character or record. 

Justices concurring: Blackmun, Brennan, Marshall, Powell, Stevens, O’Connor.

Justices dissenting: White, Scalia, Rehnquist, C.J.. 

861. Tyler Pipe Indus. v. Washington State Dep’t of Revenue, 483 U.S. 232 

(1987).

Washington manufacturing tax, applicable to products manufactured in-state and sold out-of-state, but containing an exemption for 

products manufactured and sold in-state, discriminates against interstate commerce in violation of the Commerce Clause. 

Justices concurring: Stevens, Brennan, White, Marshall, Blackmun, O’Connor.

Justices dissenting: Scalia, Rehnquist, C.J.. 

862. American Trucking Ass’ns v. Scheiner, 483 U.S. 266 (1987). 

Pennsylvania statutes imposing lump-sum annual taxes on operation of trucks on state’s roads violate the Commerce Clause as discriminating against interstate commerce. 

Justices concurring: Stevens, Brennan, White, Marshall, Blackmun. 

Justices dissenting: O’Connor, Powell, Rehnquist, C.J., Scalia. 

863. Hartigan v. Zbaraz, 484 U.S. 171 (1987). 

Federal appeals court ruling holding unconstitutional a provision 

of the Illinois Parental Notice Abortion Act requiring that minors wait 

24 hours after informing parents before having an abortion is affirmed by equally divided vote. 

864. City of Manassas v. United States, 485 U.S. 1017 (1988). 

Federal appeals court decision invalidating as discriminatory 

against the United States a Virginia statute that imposes a personal 

property tax on property leased from the United States, but not on 

property leased from the Virginia Port Authority or from local transportation districts, is summarily affirmed. 

865. New Energy Co. of Indiana v. Limbach, 486 U.S. 269 (1988). 

Ohio statute granting a tax credit for ethanol fuel if the ethanol 

was produced in Ohio, or if produced in another state which grants 

a similar credit to Ohio-produced ethanol fuel, discriminates against 

interstate commerce in violation of the Commerce Clause. 

STATE LAWS HELD UNCONSTITUTIONAL 2309

866. Maynard v. Cartwright, 486 U.S. 356 (1988). 

Oklahoma statutory aggravating circumstances, permitting imposition of capital punishment upon a jury’s finding that a murder was 

‘‘especially heinous, atrocious, or cruel,’’ are unconstitutionally vague 

in violation of the Eighth Amendment. 

867. Meyer v. Grant, 486 U.S. 414 (1988). 

Colorado law punishing as felony the payment of persons who circulate petitions for ballot initiative abridges the right to engage in political speech, hence violates First and Fourteenth Amendments. 

868. Clark v. Jeter, 486 U.S. 456 (1988). 

Pennsylvania 6-year statute of limitations for paternity actions 

violates the Equal Protection Clause as insufficiently justified under 

heightened scrutiny review. 

869. Shapero v. Kentucky Bar Ass’n, 486 U.S. 466 (1988). 

Kentucky Supreme Court’s rule containing categorical prohibition 

of attorney direct mail advertising targeted at persons known to face 

particular legal problems violates First and Fourteenth Amendments. 

Justices concurring: Brennan, White, Marshall, Blackmun, Stevens, Kennedy.

Justices dissenting: O’Connor, Scalia, Rehnquist, C.J.. 

870. Bendix Autolite Corp. v. Midwesco Enterprises, Inc., 486 U.S. 888 

(1988).

Ohio statute tolling its 4-year limitations period for breach of contract and fraud actions brought against out-of-state corporations that 

do not appoint an agent for service of process within the state--and 

thereby subject themselves to the general jurisdiction of Ohio courts- 

-violates the Commerce Clause. 

Justices concurring:: Kennedy, Brennan, White, Marshall, Blackmun, Stevens, O’Connor. 

Justice concurring specially: Scalia. 

Justice dissenting: Rehnquist, C.J.. 

871. Supreme Court of Virginia v. Friedman, 487 U.S. 59 (1988). 

Virginia Supreme Court rule imposing residency requirement for 

admission to the bar on motion, without taking the bar exam, by persons licensed to practice law in other jurisdictions, violates the Privileges and Immunities Clause of Article IV, § 2. 

Justices concurring: Kennedy, Brennan, White, Marshall, Blackmun, Stevens, O’Connor. 

Justices dissenting: Rehnquist, C.J., Scalia. 

872. Riley v. National Federation of the Blind, 487 U.S. 781 (1988). 

Three different aspects of North Carolina’s Charitable Solicitations Act unconstitutionally infringe freedom of speech. These aspects 

2310 STATE LAWS HELD UNCONSTITUTIONAL 

are: limitations on reasonable fees that professional fundraisers may 

charge; a requirement that professional fundraisers disclose to potential donors the percentage of donated funds previously used for charity; and a requirement that professional fundraisers be licensed. 

Justices concurring: Brennan, White, Marshall, Blackmun, Scalia, Kennedy. 

Justice concurring in part and dissenting in part: Stevens. 

Justices dissenting: Rehnquist, C.J., O’Connor. 

873. Thompson v. Oklahoma, 487 U.S. 815 (1988). 

Oklahoma statutory scheme, setting no minimum age for capital 

punishment, and separately providing that juveniles may be tried as 

adults, violates Eighth Amendment by permitting capital punishment 

to be imposed for crimes committed before age 16. 

Justices concurring: Stevens, Brennan, Marshall, Blackmun. 

Justice concurring specially: O’Connor. 

Justices dissenting: Scalia, White, Rehnquist, C.J.. 

874. Coy v. Iowa, 487 U.S. 1012 (1988). 

Iowa procedure, authorized by statute, placing a one-way screen 

between defendant and complaining child witnesses in sex abuse 

cases, thereby sparing witnesses from viewing defendant, violates the 

Confrontation Clause right to face-to-face confrontation with one’s accusers.

Justices concurring: Scalia, Brennan, White, Marshall, Stevens, O’Connor. 

Justices dissenting: Blackmun, Rehnquist, C.J.. 

875. Allegheny Pittsburgh Coal Co. v. Webster County Comm’n, 488 U.S. 

336 (1989). 

West Virginia county’s tax assessments denied equal protection to 

property owners whose assessments, based on recent purchase price, 

ranged from 8 to 35 times higher than comparable neighboring property for which the assessor failed over a 10-year period to readjust appraisals.

876. Texas Monthly, Inc. v. Bullock, 489 U.S. 1 (1989). 

A Texas sales tax exemption for publications published or distributed by a religious faith and consisting of teachings of that faith or 

writings sacred to that faith violates the Establishment Clause of the 

First Amendment. 

Justices concurring: Brennan, Marshall, Stevens. 

Justices concurring specially: White, Blackmun, O’Connor. 

Justices dissenting: Scalia, Kennedy, Rehnquist, C.J.. 

877. Eu v. San Francisco County Democratic Central Comm., 489 U.S. 214 

(1989).

Provisions of California Elections Code forbidding the official governing bodies of political parties from endorsing or opposing canVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00150 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2311

didates in primary elections, and imposing other requirements on the 

organization and composition of the governing bodies, are invalid 

under the First Amendment. The ban on endorsements violates free 

speech and associational rights; the organizational restrictions violate 

associational rights. 

878. Barnard v. Thorstenn, 489 U.S. 546 (1989). 

Virgin Islands’ rule requiring one year’s residency prior to admission to the bar violates the Privileges and Immunities Clause of Art. 

IV, § 2. Justifications for the rule do not constitute ‘‘substantial’’ reasons for discriminating against nonresidents, nor does the discrimination bear a ‘‘substantial relation’’ to legitimate objectives. 

Justices concurring: Kennedy, Brennan, Marshall, Blackmun, Stevens, 

Scalia.

Justices dissenting: Rehnquist, C.J., White, O’Connor. 

879. Davis v. Michigan Dep’t of Treasury, 489 U.S. 803 (1989). 

Michigan’s income tax law, by providing exemption for retirement 

benefits of state employees but not for retirement benefits of Federal 

employees, discriminates against federal employees in violation of 4 

U.S.C. § 111 and in violation of the constitutional doctrine of intergovernmental tax immunity. 

Justices concurring: Kennedy, Brennan, White, Marshall, Blackmun, O’Connor, Scalia, Rehnquist, C.J.. 

Justice dissenting: Stevens. 

880. Quinn v. Millsap, 491 U.S. 95 (1989). 

A provision of the Missouri Constitution, interpreted by the Missouri Supreme Court as requiring property ownership as a qualification for appointment to a ‘‘board of freeholders’’ charged with making 

recommendations for reorganization of St. Louis city and county governments, violates the Equal Protection Clause. 

881. Healy v. Beer Institute, 491 U.S. 324 (1989). 

Connecticut’s beer price affirmation law, requiring out-of-state 

shippers to affirm that prices charged in-state wholesalers are no 

higher than prices charged contemporaneously in three bordering 

states, violates the Commerce Clause. 

Justices concurring: Blackmun, Brennan, White, Marshall, Kennedy. 

Justice concurring specially: Scalia. 

Justices dissenting: Rehnquist, C.J., Stevens, O’Connor. 

882. Texas v. Johnson, 491 U.S. 397 (1989). 

Texas’ flag desecration statute, prohibiting any physical mistreatment of the American flag that the actor knows would seriously offend other persons, is inconsistent with the First Amendment as applied to an individual who burned an American flag as part of a political protest. 

2312 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: Brennan, Marshall, Blackmun, Scalia, Kennedy. 

Justices dissenting: Rehnquist, C.J., White, O’Connor, Stevens. 

883. The Florida Star v. B.J.F., 491 U.S. 524 (1989). 

A Florida statute making it unlawful to print the name of a sexual assault victim is invalid under the First Amendment as applied 

to uphold an award of damages against a newspaper for publishing 

a sexual assault victim’s name when the information was truthful, 

was lawfully obtained, and was otherwise publicly available as a result of a botched press release from the sheriff’s department. 

Justices concurring: Marshall, Brennan, Blackmun, Stevens, Kennedy. 

Justice concurring specially: Scalia. 

Justices dissenting: White, O’Connor, Rehnquist, C.J.. 

884. McKoy v. North Carolina, 494 U.S. 433 (1990). 

North Carolina’s capital sentencing statute, interpreted to prevent a jury from considering any mitigating factor that the jury does 

not unanimously find, violates the Eighth Amendment. Instead, each 

juror must be allowed to consider and give effect to what he or she 

believes to be established mitigating evidence. 

Justices concurring: Marshall, Brennan, White, Blackmun, Stevens. 

Justice concurring specially: Kennedy. 

Justices dissenting: Scalia, O’Connor, Rehnquist, C.J.. 

885. Butterworth v. Smith, 494 U.S. 624 (1990). 

A Florida statute prohibiting the disclosure of grand jury testimony violates the First Amendment insofar as it prohibits a grand 

jury witness from disclosing, after the term of the grand jury has 

ended, information covered by his own testimony. 

886. Peel v. Illinois Attorney Disciplinary Comm’n, 496 U.S. 91 (1990). 

An Illinois rule of professional responsibility violates the First 

Amendment by completely prohibiting an attorney from holding himself out as a civil trial specialist certified by the National Board of 

Trial Advocacy. 

Justices concurring: Stevens, Brennan, Blackmun, Kennedy. 

Justice concurring specially: Marshall. 

Justices dissenting: White, O’Connor, Scalia, Rehnquist, C.J.. 

887. Hodgson v. Minnesota, 497 U.S. 417 (1990). 

Minnesota’s requirement that a woman under 18 years of age notify both her parents before having an abortion is invalid as a denial 

of due process because ‘‘it does not reasonably further any legitimate 

state interest.’’ However, an alternative judicial bypass system saves 

the statute as a whole. 

Justices concurring: Stevens, Brennan, Marshall, Blackmun, O’Connor. 

Justices dissenting: Kennedy, White, Scalia, Rehnquist, C.J.. 

STATE LAWS HELD UNCONSTITUTIONAL 2313

888. Connecticut v. Doehr, 501 U.S. 1 (1991). 

A Connecticut statute authorizing a private party to obtain prejudgment attachment of real estate without prior notice to the owner, 

and without a showing of extraordinary circumstances, violates the 

Due Process Clause of the Fourteenth Amendment as applied in conjunction with a civil action for assault and battery. 

889. Simon & Schuster v. New York Crime Victims Bd., 502 U.S. 105 

(1991).

New York State’s ‘‘Son of Sam’’ law, under which a criminal’s income from works describing his crime is placed in escrow and made 

available to victims of the crime, violates the First Amendment. The 

law establishes a financial disincentive to create or publish works 

with a particular content, and is not narrowly tailored to serve the 

state’s compelling interests in ensuring that criminals do not profit 

from their crimes, and that crime victims are compensated. 

Justices concurring: O’Connor, White, Stevens, Scalia, Souter, Rehnquist, 

C.J..

Justices concurring specially: Blackmun, Kennedy. 

890. Norman v. Reed, 502 U.S. 279 (1992). 

Two provisions of Illinois’ election law unconstitutionally infringe 

on the right of ballot access guaranteed under the First and Fourteenth Amendments. The first provision, as interpreted by the Illinois 

Supreme Court, prevented a ‘‘new political party’’ in Cook County 

from using the name of a party already ‘‘established’’ in the city of 

Chicago. The second required that new political parties qualify for the 

ballot by submitting petitions signed by 25,000 voters from each voting district to be represented in a multi-district political subdivision. 

Justices concurring: Souter, White, Blackmun, Stevens, O’Connor, Kennedy, 

Rehnquist, C.J.. 

Justice dissenting: Scalia. 

891. Wyoming v. Oklahoma, 502 U.S. 437 (1992). 

An Oklahoma statute requiring that all coal-fired Oklahoma utilities burn a mixture containing at least 10% Oklahoma-mined coal discriminates against interstate commerce in violation of the implied 

‘‘negative’’ component of the Commerce Clause. 

Justices concurring: White, Blackmun, Stevens, O’Connor, Kennedy, Souter. 

Justices dissenting: Rehnquist, C.J., Scalia, Thomas. 

892. Foucha v. Louisiana, 504 U.S. 71 (1992). 

A Louisiana statute allowing an insanity acquittee no longer suffering from mental illness to be confined indefinitely in a mental institution until he is able to demonstrate that he is not dangerous to 

himself or to others violates due process. 

2314 STATE LAWS HELD UNCONSTITUTIONAL 

Justices concurring: White, Blackmun, Stevens, O’Connor, Souter. 

Justices dissenting: Kennedy, Thomas, Scalia, Rehnquist, C.J.. 

893. Quill Corp. v. North Dakota, 504 U.S. 298 (1992). 

Application of the State’s use tax to mail order sales by an outof-state company with neither outlets nor sales representatives in the 

State places an undue burden on interstate commerce in violation of 

the ‘‘negative’’ or ‘‘dormant’’ Commerce Clause. A physical presence 

within the taxing state is necessary in order to meet the ‘‘substantial 

nexus’’ requirement of the Commerce Clause. 

894. Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334 (1992). 

Alabama’s fee for in-state disposal of hazardous wastes generated 

out-of-state is invalid as a direct discrimination against interstate 

commerce. Alabama failed to establish that the discrimination against 

interstate commerce is justified by any factor other than economic 

protectionism, and failed to show that its valid interests (e.g., protection of health, safety, and the environment) can not be served by less 

discriminatory alternatives. The fee is not supportable by analogy to 

quarantine laws, since the state permits importation of hazardous 

wastes if the fee is paid. 

895. Fort Gratiot Sanitary Landfill v. Michigan Nat. Res. Dep’t, 504 U.S. 

353 (1992). 

Waste import restrictions of Michigan’s Solid Waste Management 

Act violate the Commerce Clause. The restrictions, which prohibit 

landfills from accepting out-of-county waste unless explicitly authorized by the county’s solid waste management plan, directly discriminate against interstate commerce and are not justified as serving any 

valid health and safety purposes that can not be served adequately 

by nondiscriminatory alternatives. 

896. Kraft Gen. Foods v. Iowa Dep’t of Revenue, 505 U.S. 71 (1992). 

An Iowa statute imposing a business tax on corporations facially 

discriminates against foreign commerce in violation of the Commerce 

Clause by allowing corporations to take a deduction for dividends received from domestic, but not foreign, subsidiaries. 

897. Planned Parenthood of S.E. Pennsylvania v. Casey, 505 U.S. 833 

(1992).

One aspect of the Pennsylvania Abortion Control Act of 1982--a 

requirement for spousal notification--is invalid as an undue interference with a woman’s right to an abortion. 

898. Edenfield v. Fane, 507 U.S. 761 (1993). 

A rule of the Florida Board of Accountancy banning ‘‘direct, inperson, uninvited solicitation’’ of business by certified public accountVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00154 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2315

ants is inconsistent with the free speech guarantees of the First 

Amendment.

Justices concurring: Kennedy, White, Blackmun, Stevens, Scalia, Souter, 

Thomas, Rehnquist, C.J.. 

Justice dissenting: O’Connor. 

899. Oregon Waste Systems v. Oregon Dep’t of Environmental Quality, 511 

U.S. 93 (1994). 

Oregon’s imposition of a surcharge on in-state disposal of solid 

waste generated in other states--a tax three times greater than the 

fee charged for disposal of waste that was generated in Oregon--constitutes an invalid burden on interstate commerce. The tax is facially 

discriminatory against interstate commerce, is not a valid compensatory tax, and is not justified by any other legitimate state interest. 

Justices concurring: Thomas, Stevens, O’Connor, Scalia, Kennedy, Souter, 

Ginsburg.

Justices dissenting: Rehnquist, C.J., Blackmun. 

900. Associated Industries v. Lohman, 511 U.S. 641 (1994). 

Missouri’s uniform, statewide use tax constitutes an invalid discrimination against interstate commerce in those counties in which 

the use tax is greater than the sales tax imposed as a local option, 

even though the overall statewide effect of the use tax places a lighter 

aggregate tax burden on interstate commerce than on intrastate commerce.

901. Montana Dep’t of Revenue v. Kurth Ranch, 511 U.S. 767 (1994). 

Montana’s tax on the possession of illegal drugs, to be ‘‘collected 

only after any state or federal fines or forfeitures have been satisfied,’’ 

constitutes punishment, and violates the prohibition, derived from the 

Double Jeopardy Clause, against successive punishments for the same 

offense.

Justices concurring: Stevens, Blackmun, Kennedy, Souter, Ginsburg. 

Justices dissenting: Rehnquist, C.J., O’Connor, Scalia, Thomas. 

902. West Lynn Creamery, Inc. v. Healy, 512 U.S. 186 (1994). 

A Massachusetts milk pricing order, imposing an assessment on 

all milk sold by dealers to Massachusetts retailers, is an unconstitutional discrimination against interstate commerce because the entire 

assessment is then distributed to Massachusetts dairy farmers in 

spite of the fact that about two-thirds of the assessed milk is produced out of state. The discrimination imposed by the pricing order 

is not justified by a valid factor unrelated to economic protectionism. 

Justices concurring: Stevens, O’Connor, Kennedy, Souter, Ginsburg. 

Justices concurring specially: Scalia, Thomas. 

Justices dissenting: Rehnquist, C.J., Blackmun. 

2316 STATE LAWS HELD UNCONSTITUTIONAL 

903. Honda Motor Co. v. Oberg, 512 U.S. 415 (1994). 

A provision of the Oregon Constitution, prohibiting judicial review of the amount of punitive damages awarded by a jury unless the 

court can affirmatively say there is no evidence to support the verdict, 

is invalid under the Due Process Clause of the Fourteenth Amendment. Judicial review of the amount awarded was one of the few procedural safeguards available at common law, yet Oregon has removed 

that safeguard without providing any substitute procedure, and with 

no indication that the danger of arbitrary awards has subsided. 

Justices concurring: Stevens, Blackmun, O’Connor, Scalia, Kennedy, Souter, 

Thomas.

Justices dissenting: Ginsburg, Rehnquist, C.J.. 

904. Board of Educ. of Kiryas Joel Village v. Grumet, 512 U.S. 687 (1994). 

A New York State law creating a special school district for an incorporated village composed exclusively of members of one small religious sect violates the Establishment Clause. 

Justices concurring: Souter, Blackmun, Stevens, O’Connor, Ginsburg. 

Justice concurring specially: Kennedy. 

Justices dissenting: Scalia, Thomas, Rehnquist, C.J.. 

905. McIntyre v. Ohio Elections Comm’n, 514 U.S. 334 (1995). 

Ohio’s prohibition on the distribution of anonymous campaign literature abridges the freedom of speech. The law, aimed at speech designed to influence voters in an election, is a limitation on political 

expression subject to exacting scrutiny. Neither of the interests asserted by Ohio justifies the limitation. 

Justices concurring: Stevens, O’Connor, Kennedy, Souter, Ginsburg, Breyer. 

Justice concurring specially: Thomas. 

Justices dissenting: Scalia, Rehnquist, C.J.. 

906. U. S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995). 

An amendment to the Arkansas Constitution denying ballot access to congressional candidates who have already served three terms 

in the House of Representatives or two terms in the Senate is invalid 

as conflicting with the qualifications for office set forth in Article I of 

the U.S. Constitution, (specifying age, duration of U.S. citizenship, 

and state inhabitancy requirements). Article I sets the exclusive 

qualifications for a United States Representative or Senator. 

Justices concurring: Stevens, Kennedy, Souter, Ginsburg, Breyer. 

Justices dissenting: Thomas, O’Connor, Scalia, Rehnquist, C.J.. 

907. Hurley v. Irish-American Gay Group, 515 U.S. 557 (1995). 

Application of Massachusetts’ public accommodations law to require the private organizers of a St. Patrick’s Day parade to allow 

participation in the parade by a gay and lesbian group wishing to proVerDate Aug<04>2004 12:57 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00156 Fmt 8222 Sfmt 8222 C:\CONAN\CON064.SGM PRFM99 PsN: CON064
STATE LAWS HELD UNCONSTITUTIONAL 2317

claim its members’ gay and lesbian identity violates the First Amendment because it compels parade organizers to include in the parade 

a message they wish to exclude. 

908. Miller v. Johnson, 515 U.S. 900 (1995). 

Georgia’s congressional districting plan violates the Equal Protection Clause. The district court’s finding that race was the predominant factor in drawing the boundaries of the Eleventh District was 

not clearly erroneous. The State did not meet its burden under strict 

scrutiny review to demonstrate that its districting was narrowly tailored to achieve a compelling interest. 

Justices concurring: Kennedy, O’Connor, Scalia, Thomas, Rehnquist, C.J.. 

Justices dissenting: Stevens, Ginsburg, Breyer, Souter. 

909. Fulton Corp. v. Faulkner, 516 U.S. 325 (1996). 

North Carolina’s intangibles tax on a fraction of the value of corporate stock owned by North Carolina residents inversely proportional to the corporation’s exposure to the State’s income tax, violates 

the ‘‘dormant’’ Commerce Clause. The tax facially discriminates 

against interstate commerce, and is not a ‘‘compensatory tax’’ designed to make interstate commerce bear a burden already borne by 

intrastate commerce. 

910. 44 Liquormart, Inc. v. Rhode Island, 517 U.S. 484 (1996). 

Rhode Island’s statutory prohibition against advertisements that 

provide the public with accurate information about retail prices of alcoholic beverages abridges freedom of speech protected by the First 

Amendment, and is not shielded from constitutional scrutiny by the 

Twenty-first Amendment. There is not a ‘‘reasonable fit’’ between the 

blanket prohibition and the State’s goal of reducing alcohol consumption.

Justices concurring: Stevens, Scalia (in part), Kennedy (in part), Souter (in 

part), Thomas (in part), Ginsburg (in part). 

Justices concurring specially: Scalia, Thomas, O’Connor, Souter, Breyer, 

Rehnquist, C.J.. 

911. Romer v. Evans, 517 U.S. 620 (1996). 

Amendment 2 to the Colorado Constitution, which prohibits all 

legislative, executive, or judicial action at any level of state or local 

government if that action is designed to protect homosexuals, violates 

the Equal Protection Clause of the Fourteenth Amendment. The 

amendment, adopted by statewide referendum in 1992, does not bear 

a rational relationship to a legitimate governmental purpose. 

Justices concurring: Kennedy, Stevens, O’Connor, Souter, Ginsburg, Breyer.. 

Justices dissenting:: Scalia, Thomas, Rehnquist, C.J.. 

2318 STATE LAWS HELD UNCONSTITUTIONAL 

912. Shaw v. Hunt, 517 U.S. 899 (1996). 

North Carolina’s congressional districting law, containing the racially gerrymandered 12th Congressional District as well as another 

majority-black district, violates the Equal Protection Clause because, 

under strict scrutiny applicable to racial classifications, creation of 

District 12 was not narrowly tailored to serve a compelling state interest. Creation of District 12 was not necessary to comply with either 

section 2 or section 5 of the Voting Rights Act, and the lower court 

found that the redistricting plan was not actually aimed at ameliorating past discrimination. 

Justices concurring: Rehnquist, C.J., O’Connor, Scalia, Kennedy, Thomas. 

Justices dissenting: Stevens, Ginsburg, Souter, Breyer. 

913. Bush v. Vera, 517 U.S. 952 (1996). 

Three congressional districts created by Texas law constitute racial gerrymanders that are unconstitutional under the Equal Protection Clause. The district court correctly held that race predominated 

over legitimate districting considerations, including incumbency, and 

consequently strict scrutiny applies. None of the three districts is narrowly tailored to serve a compelling state interest. 

Justices concurring: O’Connor, Kennedy, Rehnquist, C.J.. 

Justices concurring specially: O’Connor, Kennedy, Thomas, Scalia. 

Justices dissenting: Stevens, Ginsburg, Breyer, Souter. 

914. United States v. Virginia, 518 U.S. 515 (1996). 

Virginia’s exclusion of women from the educational opportunities 

provided by Virginia Military Institute denies to women the equal 

protection of the laws. A state must demonstrate ‘‘exceedingly persuasive justification’’ for gender discrimination, and Virginia has failed to 

do so in this case. 

Justices concurring: Ginsburg, Stevens, O’Connor, Kennedy, Souter, Breyer.. 

Justice concurring specially: Rehnquist, C.J.. 

Justice dissenting: Scalia. 

915. M.L.B. v. S.L.J., 519 U.S. 102 (1996). 

Mississippi statutes that condition appeals from trial court decrees terminating parental rights on the affected parent’s ability to 

pay for preparation of a trial transcript violate the Equal Protection 

and Due Process Clauses of the Fourteenth Amendment. 

Justices concurring: Ginsburg, Stevens, O’Connor, Souter, Breyer. 

Justice concurring specially: Kennedy. 

Justice dissenting: Rehnquist, C.J., Thomas, Scalia. 

916. Lynce v. Mathis, 519 U.S. 433 (1997). 

A Florida statute canceling early release credits awarded to prisoners as a result of prison overcrowding violates the Ex Post Facto 

STATE LAWS HELD UNCONSTITUTIONAL 2319

Clause, Art. I, § 10, cl. 1, as applied to a prisoner who had already 

been awarded the credits and released from custody. 

Justices concurring: Stevens, O’Connor, Kennedy, Souter, Ginsburg, Breyer, 

Rehnquist, C.J.. 

Justice concurring specially: Thomas, Scalia. 

917. Chandler v. Miller, 520 U.S. 305 (1997). 

A Georgia statute requiring that candidates for state office certify 

that they have passed a drug test effects a ‘‘search’’ that is plainly 

not tied to individualized suspicion, and does not fit within the ‘‘closely guarded category of constitutionally permissible suspicionless 

searches,’’ and hence violates the Fourth Amendment. Georgia has 

failed to establish existence of a ‘‘special need, beyond the normal 

need for law enforcement,’’ that can justify such a search. 

Justices concurring: Ginsburg, Stevens, O’Connor, Scalia, Kennedy, Souter, 

Thomas, Breyer. 

Justice dissenting: Rehnquist, C.J.. 

918. Camps Newfound/Owatonna v. Town of Harrison, 520 U.S. 564 (1997). 

Maine’s property tax law, which contains an exemption for charitable institutions but limits that exemption to institutions serving 

principally Maine residents, is a form of protectionism that violates 

the ‘‘dormant’’ Commerce Clause as applied to deny exemption status 

to a nonprofit corporation that operates a summer camp for children, 

most of whom are not Maine residents. 

Justices concurring: Stevens, O’Connor, Kennedy, Souter, Breyer. 

Justice dissenting: Scalia, Thomas, Ginsburg, Rehnquist, C.J.. 

919. Lunding v. New York Tax Appeals Tribunal, 522 U.S. 287 (1998). 

A New York law that effectively denies only nonresident taxpayers an income tax deduction for alimony paid violates the Privileges and Immunities Clause of Art. IV, § 2. New York did not adequately justify its failure to treat resident and nonresident taxpayers 

with substantial equality. 

Justices concurring: O’Connor, Stevens, Scalia, Souter, Thomas, Breyer. 

Justice dissenting: Ginsburg, Kennedy, Rehnquist, C.J.. 

920. Knowles v. Iowa, 525 U.S. 113 (1998). 

An Iowa statute authorizing law enforcement officers to conduct 

a full-blown search of an automobile when issuing a traffic citation 

violates the Fourth Amendment. The rationales that justify a search 

incident to arrest do not justify a similar search incident to a traffic 

citation.

921. Buckley v. American Constitutional Law Found., 525 U.S. 182 (1999). 

Three conditions that Colorado placed on the petition process for 

ballot initiatives -- that petition circulators be registered voters, that 

2320 STATE LAWS HELD UNCONSTITUTIONAL 

they wear identification badges, and that initiative sponsors report 

the names and addresses of circulators and the amounts paid to each 

-- impermissibly restrict political speech in violation of the First and 

Fourteenth Amendments. 

Justices concurring: Ginsburg, Stevens, Scalia, Kennedy, Souter. 

Justice concurring specially: Thomas. 

Justice concurring in part and dissenting in part: O’Connor, Souter, 

Rehnquist, C.J.. 

922. South Central Bell Tel. Co. v. Alabama, 526 U.S. 160 (1999). 

Alabama’s franchise tax law discriminates against foreign corporations in violation of the Commerce Clause. The law establishes a 

domestic corporation’s tax base as the par value of its capital stock, 

a value that the corporation may set at whatever level it chooses. The 

tax base of a foreign corporation, on the other hand, contains balance 

sheet items that the corporation cannot so manipulate. 

923. Saenz v. Roe, 526 U.S. 489 (1999). 

A provision of California’s Welfare and Institutions Code limiting 

new residents, for the first year they live in California, to the level 

of welfare benefits that they would have received in the state of their 

prior residence abridges the right to travel in violation of the Fourteenth Amendment. 

Justices concurring: Stevens, O’Connor, Scalia, Kennedy, Souter, Ginsburg, 

Breyer.

Justices dissenting: Rehnquist, C.J., C.J., Thomas. 

924. Rice v. Cayetano, 528 U.S. 495 (2000). 

A provision of the Hawaii Constitution restricting the right to 

vote for trustees of the Office of Hawaiian Affairs to persons who are 

descendants of people inhabiting the Hawaiian Islands in 1778 is a 

race-based voting qualification that violates the Fifteenth Amendment. Ancestry can be -- and in this case is -- a proxy for race. 

Justices concurring: Kennedy, Rehnquist, C.J., O’Connor, Scalia, Thomas. 

Justices concurring specially: Breyer, Souter. 

Justices dissenting: Stevens, Ginsburg. 

925. Carmell v. Texas, 529 U.S. 513 (2000). 

A Texas law that eliminated a requirement that the testimony of 

a sexual assault victim age 14 or older must be corroborated by two 

other witnesses violates the Ex Post Facto Clause of Art. I, § 10 as 

applied to a crime committed while the earlier law was in effect. So 

applied, the law falls into the category of an ex post facto law that 

requires less evidence in order to convict. Under the old law, the petitioner could have been convicted only if the victim’s testimony had 

been corroborated by two witnesses, while under the amended law the 

petitioner was convicted on the victim’s testimony alone. 

STATE LAWS HELD UNCONSTITUTIONAL 2321

Justices concurring: Stevens, Scalia, Souter, Thomas, Breyer. 

Justices dissenting: Ginsburg, Rehnquist, C.J., O’Connor, Kennedy. 

926. Troxel v. Granville, 530 U.S. 57 (2000). 

A Washington State law allowing ‘‘any person’’ to petition a court 

‘‘at any time’’ to obtain visitation rights whenever visitation ‘‘may 

serve the best interests’’ of a child is unconstituitonal as applied to 

an order requiring a parent to allow her child’s grandparents more 

extensive visitation than the parent wished. Because no deference 

was accorded to the parent’s wishes, the parent’s due process liberty 

interest in making decisions concerning her child’s care, custody, and 

control was violated. 

Justices concurring: O’Connor, Rehnquist, C.J., Ginsburg, Breyer. 

Justices concurring specially: Souter, Thomas. 

Justices dissenting: Stevens, Scalia, Kennedy. 

927. Apprendi v. New Jersey, 530 U.S. 466 (2000). 

A New Jersey ‘‘hate crime’’ statute that allows a judge to extend 

a sentence upon finding by a preponderance of the evidence that the 

defendant, in committing a crime for which he has been found guilty, 

acted with a purpose to intimidate because of race, violates the Fourteenth Amendment’s Due Process Clause and the Sixth Amendment’s 

requirements of speedy and public trial by an impartial jury. Any fact 

that increases the penalty for a crime beyond the prescribed statutory 

maximum must be submitted to a jury and established beyond a reasonable doubt. 

Justices concurring: Stevens, Scalia, Souter, Thomas, Ginsburg. 

Justices concurring specially: Thomas. 

Justices dissenting: O’Connor, Rehnquist, C.J., Kennedy, Breyer. 

928. California Democratic Party v. Jones, 530 U.S. 567 (2000). 

California’s ‘‘blanket primary’’ law violates the First Amendment 

associational rights of political parties. The law lists all candidates on 

one ballot and allows primary voters to choose freely among candidates without regard to party affiliation. The law ‘‘adulterate[s]’’ a 

party’s candidate-selection process by forcing the party to open up 

that process to persons wholly unaffiliated with the party, and is not 

narrowly tailored to serve a compelling state interest. 

Justices concurring: Scalia, Rehnquist, C.J., O’Connor, Kennedy, Souter, 

Thomas, Breyer. 

Justices dissenting: Stevens, Ginsburg. 

929. Boy Scouts of America v. Dale, 530 U.S. 640 (2000). 

Application of New Jersey’s public accommodations law to require 

the Boy Scouts of America to admit an avowed homosexual as a member and assistant scout master violates the organization’s First 

Amendment associational rights. The general mission of the Scouts, 

2322 STATE LAWS HELD UNCONSTITUTIONAL 

to instill values in young people, is expressive activity entitled to 

First Amendment protection, and requiring the Scouts to admit a gay 

scout leader would contravene the Scouts’ asserted policy disfavoring 

homosexual conduct. 

Justices concurring: Rehnquist, C.J., O’Connor, Scalia, Kennedy, Thomas. 

Justices dissenting: Stevens, Souter, Ginsburg, Breyer. 

930. Stenberg v. Carhart, 530 U.S. 914 (2000). 

Nebraska’s statute criminalizing the performance of ‘‘partial birth 

abortions’’ is unconstitutional under principles set forth in Roe v. 

Wade and Planned Parenthood v. Casey. The statute lacks an exception for instances in which the banned procedure is necessary to preserve the health of the mother, and, because it applies to the commonplace dilation and evacuation procedure as well as to the dilation 

and extraction method, imposes an ‘‘undue burden’’ on a woman’s 

right to an abortion. 

Justices concurring: Breyer, Stevens, O’Connor, Souter, Ginsburg. 

Justices dissenting: Rehnquist, C.J., Scalia, Kennedy, Thomas. 

931. Cook v. Gralike, 531 U.S. 510 (2001). 

Provisions of the Missouri Constitution requiring identification on 

primary and general election ballots of congressional candidates who 

failed to support term limits in the prescribed manner are unconstitutional. States do not have power reserved by the Tenth Amendment 

to give binding instructions to their congressional representatives, 

and the ‘‘Elections Clause’’ of Article I, section 4, does not authorize 

the regulation. The Missouri ballot requirements do not relate to 

‘‘times’’ or ‘‘places,’’ and are not valid regulations of the ‘‘manner’’ of 

holding elections. 

Justices concurring: Stevens, Scalia, Kennedy, Ginsburg, Breyer. 

Justices concurring specially: Rehnquist, C.J., Kennedy, Thomas, O’Connor, 

Souter.

932. Bartnicki v. Vopper, 532 U.S. 514 (2001). 

A Pennsylvania prohibition on disclosure of the contents of an illegally intercepted electronic communication violates the First 

Amendment as applied in this case. The defendants, a talk show host 

and a community activist, played no part in the illegal interception, 

and obtained the tapes lawfully. The subject matter of the disclosed 

conversation, involving a threat of violence in a labor dispute, was ‘‘a 

matter of public concern.’’ 

Justices concurring: Stevens, O’Connor, Kennedy, Souter, Ginsburg, Breyer.. 

Justices dissenting: Rehnquist, C.J., Scalia, Thomas.. 

933. Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001). 

Massachusetts’ restrictions on outdoor advertising and 

point-of-sale advertising of smokeless tobacco and cigars violate the 

STATE LAWS HELD UNCONSTITUTIONAL 2323

First Amendment. The regulations prohibit outdoor advertising within 1,000 feet of a school, park, or playground, and prohibit 

‘‘point-of-sale’’ advertising placed lower than five feet above the floor 

of retail establishments. These restrictions do not satisfy the fourth 

step of the Central Hudson test for regulation of commercial speech. 

That step requires a ‘‘reasonable fit’’ between the means and ends of 

a regulation, yet the regulations are not ‘‘narrowly tailored’’ to 

achieve such a fit. 

Justices concurring: O’Connor, Scalia, Kennedy, Souter, (point-of-sale restrictions only) Thomas.. 

Justices dissenting: Stevens, Ginsburg, Breyer, Souter. (outdoor advertising 

only)

934. Ring v. Arizona, 122 S. Ct. 2458 (2002) 

Arizona’s capital sentencing law violates the Sixth Amendment 

right to jury trial by allowing a sentencing judge to find an aggravating circumstance necessary for imposition of the death penalty. 

The governing principle was established in Apprendi v. New Jersey, 

530 U.S. 466 (2000), holding that any fact (other than the fact of a 

prior conviction) that increases the penalty for a crime beyond the 

prescribed statutory maximum must be submitted to a jury and 

proved beyond a reasonable doubt. The required finding of an aggravating circumstance exposed the defendant to a greater punishment 

than that authorized by the jury’s guilty verdict. 

Justices concurring: Ginsburg, Stevens, Scalia, Kennedy, Souter, Thomas. 

Justice concurring specially: Breyer. 

Justices dissenting: O’Connor, Rehnquist, C.J.. 

935. Atkins v. Virginia, 122 S. Ct. 2242 (2002) 

Virginia’s capital punishment law is invalid to the extent that it 

authorizes execution of the mentally retarded. Execution of a mentally retarded individual constitutes cruel and unusual punishment 

prohibited by the Eighth Amendment. Circumstances have changed 

since the Court upheld the practice in Penry v. Lynaugh, 492 U.S. 

302 (1989); since that time 16 states have prohibited the practice, 

none have approved it, and thus ‘‘a national consensus’’ has developed 

against execution of the mentally retarded. The Court’s ‘‘independent 

evaluation of the issue reveals no reason to disagree with the judgment of the legislatures’’ that have created this national consensus. 

Justices concurring: Stevens, O’Connor, Kennedy, Souter, Ginsburg, Breyer. 

Justices dissenting: Rehnquist, C.J., Scalia, Thomas. 

2324

II. ORDINANCES HELD UNCONSTITUTIONAL 

1. Weston v. City Council of Charleston, 27 U.S. (2 Pet.) 449 (1829). 

City ordinance which levied a tax on stock issued by the United 

States impaired the federal borrowing power and was void (Art. VI). 

Justices concurring: Marshall, C.J., Washington, Duvall, Story. 

Justices dissenting: Johnson, Thompson. 

2. Cannon v. City of New Orleans, 87 U.S. (20 Wall.) 577 (1874). 

New Orleans ordinance of 1852, imposing a charge for use of 

piers measured by tonnage of vessel, levied an invalid tonnage duty. 

3. Murray v. City of Charleston, 96 U.S. 432 (1878). 

Charleston, South Carolina, tax ordinance which withheld from 

interest payments on municipal bonds a tax levied after issuance of 

such bonds at a fixed rate of interest impaired the obligation of contract (Art. I, § 10). 

Justices concurring: Strong, Waite, C.J., Clifford, Bradley, Swayne, Harlan, 

Field.

Justices dissenting: Miller, Hunt. 

4. Moran v. City of New Orleans, 112 U.S. 69 (1884). 

Ordinance of New Orleans, so far as it imposed license tax upon 

persons owning and running towboats to and from the Gulf of Mexico, 

was an invalid regulation of commerce. 

5. New Orleans Gas Co. v. Louisiana Light Co., 115 U.S. 650 (1885). 

Municipal ordinance granting to a public utility an exclusive 

right to supply the city with gas, and state constitutional provision 

abolishing outstanding monopolistic grants, impaired the obligation of 

contract when enforced against a previously chartered utility which, 

through consolidation, had inherited the monopolistic, exclusive privileges of two utility corporations chartered prior to the constitutional 

proviso and ordinance. 

6. New Orleans Water-Works Co. v. Rivers, 115 U.S. 674 (1885). 

When a utility is chartered with an exclusive privilege of supplying a city with water, a subsequently enacted ordinance authorizing an individual to supply water to a hotel impaired the obligation 

of contract. 

7. Yick Wo v. Hopkins, 118 U.S. 356 (1886). 

San Francisco ordinance regulating certain phases of the laundry 

business, as arbitrarily enforced against Chinese, held to violate the 

equal protection of the laws. 

ORDINANCES HELD UNCONSTITUTIONAL 2325

8. Leloup v. Port of Mobile, 127 U.S. 640 (1888). 

A Mobile, Alabama, ordinance which levied an occupational license tax on a telegraph company doing an interstate business was 

void.

9. McCall v. California, 136 U.S. 104 (1890). 

San Francisco ordinance which imposed a license tax on a soliciting agent for a foreign corporation was void as levying a tax on 

interstate commerce. 

Justices concurring: Lamar, Miller, Field, Bradley, Harlan, Blatchford. 

Justices dissenting: Fuller, C.J., Gray, Brewer. 

10. Brennan v. City of Titusville, 153 U.S. 289 (1894). 

An ordinance of a Pennsylvania city requiring a license tax of a 

soliciting agent for a manufacturer in another State was held invalid 

as imposing a tax upon interstate commerce. 

11. City of Walla Walla v. Walla Walla Water Co., 172 U.S. 1 (1898). 

A Washington city ordinance which authorized construction of a 

municipal water works impaired the obligation of a contract previously negotiated with a private utility providing the same service. 

12. City of Los Angeles v. Los Angeles City Water Co., 177 U.S. 558 (1900). 

Ordinance expanding city limits beyond those to be served by a 

utility leasing a municipality’s water works and effecting diminution 

of the rates stipulated in the original agreement without any equivalent compensation impaired the obligation of contract between the 

utility and the city. 

13. City of Detroit v. Detroit Citizens’ St. Ry., 184 U.S. 368 (1902). 

City ordinances, which adjusted the rate of fare stipulated in 

agreements made with a street railway company, held to impair the 

obligation of contract. 

14. Caldwell v. North Carolina, 187 U.S. 622 (1903). 

Greensboro ordinance imposing a license on photographic business, as applied to an agent of an out-of-state corporation, was held 

an invalid regulation of commerce. 

15. Postal Telegraph-Cable Co. v. Borough of Taylor, 192 U.S. 64 (1904) 

Ordinance of Taylor, Pennsylvania authorizing an inspection fee 

on telegraph companies doing an interstate business held to be an unreasonable and invalid regulation of commerce. 

Justices concurring: Peckham, Fuller, C.J., Brown, White, McKenna, 

Holmes, Day. 

Justices dissenting: Harlan, Brewer. 

2326 ORDINANCES HELD UNCONSTITUTIONAL 

16. City of Cleveland v. Cleveland City Ry., 194 U.S. 517 (1904). 

Ordinance reducing the rate of fares to be charged by railway 

companies lower than cited in previous ordinances held to impair the 

obligation of contract. 

17. Dobbins v. City of Los Angeles, 195 U.S. 223 (1904). 

No change in the neighborhood having occurred between passage 

of two zoning ordinances, the second, which excluded a gas company 

from erecting a plant within the area authorized by the first ordinance, was held to effect an arbitrary deprivation of property without 

due process of law. 

18. City of Cleveland v. Cleveland Electric Ry., 201 U.S. 529 (1906). 

Ordinance according to a consolidated municipal railway an extension of the duration date of franchises issued to its predecessors, 

in consideration of which substantial sums were expended on improvements, gave rise to a new contract, which was impaired by later 

attempt on the part of the city to reduce the rate stipulated in the 

franchises thus extended. 

19. Rearick v. Pennsylvania, 203 U.S. 507 (1906). 

A Sunbury, Pennsylvania ordinance imposing a license fee for the 

solicitation of orders for the sale of merchandise not of the parties 

own manufacture imposed an invalid burden on interstate commerce 

when applied to a Pennsylvania agent of an Ohio company who solicited orders for the latter’s products and upon receipt of the latter, consigned to a designated purchaser, consummated the sale by delivering 

the merchandise to such purchaser and, upon the latter’s approval of 

the parcel delivered, collected the purchase price for transmission to 

the Ohio employer. 

20. Mayor of Vicksburg v. Vicksburg Waterworks Co., 206 U.S. 496 (1907). 

Municipal contract with utility fixing the maximum rate to be 

charged for supplying water to inhabitants was invalidly impaired by 

subsequent ordinances altering said rates. 

21. Londoner v. City of Denver, 210 U.S. 373 (1908). 

The due process requirements of notice and hearing in connection 

with the assessment of taxes were violated by a municipal assessment 

ordinance which afforded the taxpayer the privilege of filing objections but no opportunity to support his objections by argument and 

proof in open hearing. 

Justices concurring: Moody, Harlan, Brewer, White, Peckham, McKenna, 

Day.

Justices dissenting: Fuller, C.J., Holmes. 

ORDINANCES HELD UNCONSTITUTIONAL 2327

22. City of Minneapolis v. Street Ry., 215 U.S. 417 (1910). 

Minneapolis ordinance of 1907, directing the sale of six train tickets for 25¢, was void as impairing the contract which arose from passage of the ordinance of 1875 granting to a railway a franchise expiring in 1923 and establishing a fare of not less than 5¢. 

23. Eubank v. City of Richmond, 226 U.S. 137 (1912). 

Municipal ordinance requiring authorities to establish building 

lines on separate blocks back of the public streets and across private 

property upon the request of less than all the owners of the property 

affected invalidly authorized the taking of property, not for public 

welfare but, for the convenience of other property owners; and therefore was violative of due process. 

24. Williams v. City of Talladega, 226 U.S. 404 (1912). 

A $100 license fee imposed by ordinance of an Alabama city on 

a foreign telegraph company, part of whose business income was derived from the transmission of messages for the Federal Government 

was void as a tax on a federal instrumentality (Art. VI). 

25. Grand Trunk Western Ry. v. City of South Bend, 227 U.S. 544 (1913). 

South Bend, Indiana, ordinance of 1901 repealing a portion of an 

ordinance of 1866 authorizing a railroad to lay double tracks on one 

of its streets impaired the obligation of contract contrary to Art. I, § 

10.

Justices concurring: Lamar, Holmes, White, C.J., Lurton, Van Devanter, 

McKenna, Day (separately). 

Justices dissenting: Hughes, Pitney. 

26. City of Owensboro v. Cumberland Telephone Co., 230 U.S. 58 (1913). 

An ordinance of a Kentucky muncipality which required a telephone company to remove from the streets poles and wires installed 

under a prior ordinance granting permission to do so, without restriction as to the duration of such privilege, or, in the alternative, pay 

a rental not prescribed in the original ordinance impaired an obligation of contract contrary to Art. I,§ 10. 

Justices concurring: Lurton, White, C.J., Holmes, Van Devanter, Lamar. 

Justices dissenting: Day, McKenna, Hughes, Pitney. 

27. Boise Water Co. v. Boise City, 230 U.S. 84 (1913). 

An ordinance of an Idaho municipality adopted in 1906 which 

subjected a water company to monthly rental fees for the use of its 

streets invalidly impaired the obligation of contract arising under an 

ordinance of 1889 which granted a predecessor company the privilege 

of laying water pipes under the city streets without payment of any 

charge for the exercise of such right. 

2328 ORDINANCES HELD UNCONSTITUTIONAL 

28. Old Colony Trust Co. v. City of Omaha, 230 U.S. 100 (1913). 

An ordinance of a Nebraska municipality adopted in 1908 requiring, without any showing of the necessity therefor, a utility to remove 

its poles and wires from the city streets invalidly impaired an obligation of contract arising from an ordinance of 1884 granting in perpetuity the privilege of erecting and maintaining poles and wires for 

the transmission of power. 

29. Adams Express Co. v. City of New York, 232 U.S. 14 (1914). 

New York city ordinances requiring an express company to obtain 

a local license, exacting license fees for express wagons and drivers, 

and requiring drivers to be citizens, to the extent that they extended 

to interstate commerce, imposed invalid burdens on such commerce. 

Accord: U.S. Express Co. v. City of New York, 232 U.S. 35 (1914). 

30. City of Sault Ste. Marie v. International Transit Co., 234 U.S. 333 

(1914).

Michigan city municipal ordinance which compelled operator of a 

ferry between Canadian and Michigan points to take out a license imposed an invalid burden on the privilege of engaging in foreign commerce.

31. South Covington Ry. v. City of Covington, 235 U.S. 537 (1915). 

Kentucky municipal ordinance, insofar as it sought to regulate 

the number of street cars to be run, and the number of passengers 

allowed in each car, between interstate points imposed an unreasonable burden on interstate commerce. Also, the requirement that temperature in the cars never be permitted to be below 50° was unreasonable and violative of due process. 

32. Gast Realty Co. v. Schneider Granite Co., 240 U.S. 55 (1916). 

St. Louis ordinance which levied one-fourth of the cost of paving 

on property fronting on the street and the remaining three-fourths 

upon all property in the taxing district according to area and without 

equality as to depth denied equal protection of the laws. 

33. Buchanan v. Warley, 245 U.S. 60 (1917). 

A Louisville, Kentucky, ordinance which forbade ‘‘colored’’ persons to occupy houses in blocks where the majority of the houses were 

occupied by whites was deemed to prevent sales of lots in such blocks 

to African Americans and to deprive the latter of property without 

due process of law. 

34. Accord: Harmon v. Tyler, 273 U.S. 668 (1927), voiding a similar New 

Orleans ordinance. 

35. Accord: City of Richmond v. Deans, 281 U.S. 704 (1930), voiding a similar Richmond, Virginia, ordinance 

ORDINANCES HELD UNCONSTITUTIONAL 2329

36. Northern Ohio Traction & Light Co. v. Ohio ex rel. Pontius, 245 U.S. 

574 (1918). 

Resolution of Stark County commissioners in 1912 purporting to 

revoke an electric railway franchise previously granted in perpetuity 

by appropriate county authorities in 1892 amounted to state action 

impairing the obligation of contract. 

Justices concurring: McReynolds, White, C.J., McKenna, Holmes, Van 

Devanter, Pitney. 

Justices dissenting: Clarke, Brandeis. 

37. City of Denver v. Denver Union Water Co., 246 U.S. 178 (1918). 

Rates fixed by a Denver ordinance pertaining to the charges to 

be collected for services by a water company deprived the latter of its 

property without due process of law by reason of yielding a return of 

4.3% compared with prevailing rates in the city of 6% and higher obtained on secured and unsecured loans. 

Justices concurring: Pitney, White, C.J., McReynolds, Day, Van Devanter, 

McKenna.

Justices dissenting: Holmes, Brandeis, Clarke. 

38. City of Covington v. South Covington St. Ry., 246 U.S. 413 (1918). 

Kentucky city ordinance of 1913 purporting to grant a 25-year 

franchise for a street railway over certain streets to the best bidder 

impaired the obligation of contract of an older street railway accorded 

a perpetual franchise over the same street. 

Justices concurring: Holmes, Pitney, White, C.J., McReynolds, Day, Van 

Devanter, McKenna. 

Justices dissenting: Clark, Brandeis. 

39. Detroit United Ry. v. City of Detroit, 248 U.S. 429 (1919). 

Detroit ordinance which compelled street railway company to 

carry passengers on continuous trips over franchise lines to and over 

nonfranchise lines, and vice versa, for a fare no greater than its franchises entitled it to charge upon the former alone impaired the obligation of the franchise contracts; and insofar as its enforcement would 

result in a deficit, also deprived the company of its property without 

due process. 

Justices concurring: Day, Pitney, White, C.J., McReynolds, Van Devanter, 

McKenna.

Justices dissenting: Clarke, Holmes, Brandeis. 

40. City of Los Angeles v. Los Angeles Gas Corp., 251 U.S. 32 (1919). 

Los Angeles ordinance authorizing city to establish lighting system of its own could not effect removal of fixtures of a lighting company occupying streets pursuant to rights granted by a prior franchise without paying compensation required by due process clause. 

2330 ORDINANCES HELD UNCONSTITUTIONAL 

Justices concurring: McKenna, White, C.J., Holmes, Day, Van Devanter, 

McReynolds, Brandeis. 

Justices dissenting: Pitney, Clarke. 

41. City of Houston v. Southwestern Tel. Co., 259 U.S. 318 (1922). 

Houston ordinance was void inasmuch as the rates fixed thereunder were confiscatory and deprived the utility of its property without due process of law. 

42. City of Paducah v. Paducah Ry., 261 U.S. 267 (1923). 

Fares prescribed by ordinance of Kentucky city were confiscatory 

and deprived the utility of property without due process of law. 

43. Texas Transp. Co. v. City of New Orleans, 264 U.S. 150 (1924). 

New Orleans license tax ordinance could not be validly enforced 

as to the business of a corporation employed as agent by owners of 

vessels engaged exclusively in interstate and foreign commerce, where 

its business was a necessary adjunct of said commerce and consisted 

of the soliciting and engaging of cargo, the nomination of vessels to 

carry it, arranging for delivery on wharf and for stevedores, payment 

of ships’ disbursements, issuing bills of lading, and collecting freight 

charges.

Justices concurring: Sutherland, Taft, C.J., Sanford, McReynolds, Butler, 

McKenna, Van Devanter. 

Justices dissenting: Brandeis, Holmes. 

44. Real Silk Mills v. City of Portland, 268 U.S. 325 (1925). 

Portland, Oregon, ordinance which exacted a license fee and a 

bond for insuring delivery from solicitors who go from place to place 

taking orders for goods for future delivery and receiving deposits in 

advance was invalid as unduly burdening interstate commerce when 

enforced against solicitors taking orders for an out-of-state corporation which confirmed the orders, shipped the merchandise directly to 

the customers, and permitted the solicitors to retain the deposited 

portion of the purchase as compensation. 

45. Mayor of Vidalia v. McNeely, 274 U.S. 676 (1927). 

Ordinance of Louisiana municipality which exacted license as a 

condition precedent for operation of a ferry across boundary waters 

separating two States imposed an invalid burden on interstate commerce.

46. Delaware, L. & W.R.R. v. Town of Morristown, 276 U.S. 182 (1928). 

New Jersey municipal ordinance which compelled use of railroad 

station grounds for a public hackstand without compensation deprived the railroad of property without due process. 

Justices concurring: Brandeis, Holmes (separately). 

ORDINANCES HELD UNCONSTITUTIONAL 2331

47. Sprout v. City of South Bend, 277 U.S. 163 (1928). 

Indiana municipal ordinance which exacted from motor bus operators a license fee adjusted to the seating capacity of a bus could not 

be validly enforced against an interstate carrier, for the fee was not 

exacted to defray expenses of regulating traffic in the interest of safety, or to defray the cost of road maintenance or as an occupation tax 

imposed solely on account of intrastate business. 

48. Nectow v. City of Cambridge, 277 U.S. 183 (1928). 

Massachusetts municipal zoning ordinance which placed owner’s 

land in a residential district with resulting inhibition of use for commercial purposes deprived the owner of property without due process 

because the requirement did not promote health, safety, morals, or 

general welfare. 

49. Washington ex rel. Seattle Trust Co. v. Roberge, 278 U.S. 116 (1928). 

Municipal (Washington) zoning ordinance which conditioned 

issuance of a permit to enlarge a home for the aged in a residential 

area upon the approval of the owners of two-thirds of the property 

within 400 feet of the proposed building was unconstitutional and violative of due process because the condition bore no relationship to 

public health, safety, and morals and entailed an improper delegation 

of legislative power to private citizens. 

50. Lovell v. City of Griffin, 303 U.S. 444 (1938). 

Griffin, Georgia, ordinance which exacted a permit for the distribution of literature by hand or otherwise was violative of freedom 

of press as guaranteed by the due process clause of the Fourteenth 

Amendment by imposing censorship in advance of publication. 

51. Hague v. C.I.O., 307 U.S. 496 (1939). 

A Jersey City ordinance forbidding distribution of printed matter 

and the holding, without permits, of public meetings in streets and 

other public places withheld freedom of speech and assembly contrary 

to the due process clause of the Fourteenth Amendment. 

Justices concurring: Roberts, Black, Frankfurter, Douglas, Stone, Reed, 

Hughes, C.J. (concurred with opinions of Robert Stone). 

Justices dissenting: McReynolds, Butler. 

52. Schneider v. New Jersey, 308 U.S. 147 (1939). 

Irvington, New Jersey ordinance prohibiting solicitation and distribution of circulars by canvassing from house to house, unless licensed by the police, violates the First Amendment as applied to one 

who delivered religious literature and solicited contributions door to 

door.

Justices concurring: Hughes, C.J., Butler, Stone, Roberts, Reed, Frankfurter, Douglas, Black. 

2332 ORDINANCES HELD UNCONSTITUTIONAL 

Justice dissenting: McReynolds. 

53. Accord: Young v. California, 308 U.S. 147 (1939). 

Los Angeles ordinance invalid on same basis. 

54. Accord: Snyder v. City of Milwaukee, 308 U.S. 147 (1939). 

Milwaukee ordinance invalid on same basis. 

55. Accord: Nichols v. Massachusetts, 308 U.S. 147 (1939). 

Worcester, Massachusetts ordinance invalid on same basis. 

56. McGoldrick v. Gulf Oil Corp., 309 U.S. 414 (1940). 

The New York City sales tax cannot be collected on sales to vessels engaged in foreign commerce of fuel oil manufactured from imported crude petroleum in bond. Thus enforced, the city ordinance is 

invalid as an infringement of congressional regulations of foreign and 

interstate commerce (Art. I, § 8, cl. 3). 

57. Carlson v. California, 310 U.S. 106 (1940). 

A Shasta County, California, ordinance making it unlawful for 

any person to carry or display any sign or badge in the vicinity of any 

place of business for the purpose of inducing others to refrain from 

buying or working there, or for any person to loiter or picket in the 

vicinity of any place of business for such purpose, is unconstitutional 

and is violative of freedom of speech and press guaranteed by the due 

process clause of the Fourteenth Amendment. 

Justices concurring: Hughes, C.J., Stone, Roberts, Black, Reed, Frankfurter, 

Douglas, Murphy. 

Justice dissenting: McReynolds. 

58. Jamison v. Texas, 318 U.S. 413 (1943). 

A Dallas ordinance made it unlawful to throw any handbills, circulars, cards, newspapers or any advertising material upon any street 

or sidewalk in the city. As applied, the ordinance prohibited the dissemination of information, a denial of the freedom of the press, and 

where the handbills contained an invitation to participate in a religious activity, a denial of freedom of religion, in violation of the First 

and Fourteenth Amendments of the Constitution. 

59. Largent v. Texas, 318 U.S. 418 (1943). 

A Paris City ordinance which made it unlawful for any person to 

solicit orders or to sell books, wares or merchandise within the residential portion of Paris without a permit is invalid as applied. The 

ordinance abridges the freedom of religion, speech and press guaranteed by the Fourteenth Amendment of the Constitution in that it forbids the distribution of religious publications without a permit, the 

issuance of which is in the discretion of a municipal officer. 

ORDINANCES HELD UNCONSTITUTIONAL 2333

60. Jones v. City of Opelika, 319 U.S. 103 (1943). 

An Opelika, Alabama, ordinance imposing licenses and taxes on 

various businesses cannot constitutionally be applied to the business 

of selling books and pamphlets on the streets or from house to house. 

As applied the ordinance infringes liberties of speech and press and 

religion guaranteed by the due process clause of the Fourteenth 

Amendment.

Justices concurring: Stone, C.J., Black, Douglas, Murphy, Rutledge. 

Justices dissenting: Reed, Roberts, Frankfurter, Jackson. 

61. Murdock v. Pennsylvania, 319 U.S. 105 (1943). 

An ordinance of the City of Jeanette stated that all persons soliciting therein orders for merchandise of any kind, or persons delivering 

such articles under orders so obtained must procure a license and pay 

a prescribed fee therefor in an amount measured by the time for 

which the license is granted. When applied to religious colporteurs engaged in dissemination of their religious beliefs through the sale of 

books and pamphlets from house to house, the ordinance invades freedom of religion, speech and press contrary to the First and Fourteenth Amendments of the Constitution. 

Justices concurring: Stone, C.J., Black, Douglas, Murphy, Rutledge. 

Justices dissenting: Roberts, Reed, Frankfurter, Jackson. 

62. Martin v. City of Struthers, 319 U.S. 141 (1943). 

An ordinance of Struthers, Ohio, made it unlawful for any person 

distributing handbills, circulars, or other advertisements to ring the 

door bell, sound the door knocker, or otherwise summon occupants of 

any residence to the door for the purpose of receiving such handbills, 

etc. The ordinance, as applied to one distributing leaflets advertising 

a religious meeting, interfered with the rights of freedom of speech 

and press guaranteed by the First Amendment. The ordinance, by 

failing to distinguish between householders who are willing to receive 

the literature and those who are not, extended further than was necessary for protection of the community. 

Justices concurring: Stone, C.J., Black, Frankfurter, Douglas, Murphy, Rutledge.

Justices dissenting: Roberts, Reed, Jackson. 

63. Follett v. Town of McCormick, 321 U.S. 573 (1944). 

A McCormick, South Carolina, ordinance required agents selling 

books to pay a license fee of $1.00 per day or $15.00 per year. The 

constitutional guaranty of religious freedom under the First and 

Fourteenth Amendments of the Constitution precludes exacting a 

book agent’s license fee from a distributor of religious literature notwithstanding that his activities are confined to his hometown and his 

2334 ORDINANCES HELD UNCONSTITUTIONAL 

livelihood is derived from contributions requested for the literature 

distributed.

Justices concurring: Stone, C.J., Black, Reed, Douglas, Murphy, Rutledge. 

Justices dissenting: Roberts, Frankfurter, Jackson. 

64. Nippert v. City of Richmond, 327 U.S. 416 (1946). 

Richmond, Va., City Code imposed upon persons ‘‘engaged in 

business as solicitors an annual license tax of $50.00 plus one-half of 

one per centum of their gross receipts or commissions for the preceding license year in excess of $1,000.00.’’ Permit of Director of Public Safety was required before issuance of the license. The ordinance 

violated the commerce clause in that it discriminated against out-ofstate merchants in favor of local ones and operated as a barrier to the 

introduction of out-of-state merchandise. 

Justices concurring: Stone, C.J., Reed, Frankfurter, Rutledge, Burton. 

Justices dissenting: Black, Douglas, Murphy. 

65. Joseph v. Carter & Weekes Stevedoring Co., 330 U.S. 422 (1947). 

A New York City law provided that for the privilege of carrying 

on within the city any trade, business, or profession, every person 

shall pay a tax of one-tenth of one per centum upon all receipts received in and/or allocable to the city during the year. The excise tax 

levied on the gross receipts of a stevedoring corporation is invalid 

since it would burden interstate and foreign commerce in violation of 

the commerce clause of the Constitution. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Douglas (dissenting in 

part), Murphy (dissenting in part), Jackson, Rutledge (dissenting in part), 

Burton.

Justice dissenting: Black. 

66. Saia v. New York, 334 U.S. 558 (1948). 

A Lockport ordinance forbidding use of sound amplification excepted public dissemination, through loudspeakers, of news, matters 

of public concern, and athletic activities, provided that the latter be 

done under permission obtained from the Chief of Police. The ordinance is unconstitutional on its face as a previous restraint on the 

right of free speech in violation of the First Amendment of the Constitution, made applicable to the States by the Fourteenth Amendment. No standards were prescribed for the excercise of discretion by 

the Chief of Police. 

Justices concurring: Vinson, C.J., Black, Douglas, Murphy, Rutledge. 

Justices dissenting: Reed, Frankfurter, Jackson, Burton. 

67. Terminiello v. City of Chicago, 337 U.S. 1 (1949). 

A Chicago ordinance proscribed the making of improper noises or 

other conduct contributing to a breach of the peace. Petitioner was 

ORDINANCES HELD UNCONSTITUTIONAL 2335

convicted of violating said ordinance by reason of the fact that he had 

addressed a large audience in an auditorium where he had vigorously 

criticized various political and racial groups as well as the disturbances produced by an angry and turbulent crowd protesting his appearance. At this trial, the judge instructed the jury that any behavior which stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance, violates the ordinance. As 

construed and applied by the trial court the ordinance violates the 

right of free speech guaranteed by the First Amendment and made 

applicable to the States by the Fourteenth Amendment. 

Justices concurring: Black, Reed, Douglas, Murphy, Rutledge. 

Justices dissenting: Vinson, C.J., Frankfurter, Jackson, Burton. 

68. Kunz v. New York, 340 U.S. 290 (1951). 

Because of prior denunciation of other religious beliefs, appellant’s license to conduct religious meetings on New York City streets 

was revoked. A local ordinance forbade the holding of such meetings 

without a license but contained no provisions for revocation of such 

licenses and no standard to guide administrative action in granting 

or denying permits. Appellant was convicted for holding religious 

meetings without a permit. The ordinance was held to grant discretionary power to control in advance the right of citizens to speak on 

religious issues and to impose a prior restraint on the exercise of freedom of speech and religion. 

Justices concurring: Vinson, C.J., Black, Reed, Frankfurter, Douglas, Burton, Clark, Minton. 

Justices dissenting: Jackson. 

69. Dean Milk Co. v. City of Madison, 340 U.S. 349 (1951). 

A Madison, Wisconsin, ordinance prohibited the sale of milk as 

pasteurized unless it had been processed and bottled at an approved 

plant within a radius of five miles from the central square of Madison. An Illinois corporation, engaged in gathering and distributing 

milk from farms in Illinois and Wisconsin was denied a license to sell 

milk within the City solely because its pasteurization plants were 

more than five miles away. The ordinance unjustifiably discriminated 

against interstate commerce in violation of the commerce clause of 

the Constitution. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Burton, 

Clark.

Justices dissenting: Black, Douglas, Minton. 

70. Gelling v. Texas, 343 U.S. 960 (1952). 

Marshall City, Texas, motion picture censorship ordinance, as enforced, was unconstitutional as denying freedom of speech and press 

protected by the due process clause of the Fourteenth Amendment. 

2336 ORDINANCES HELD UNCONSTITUTIONAL 

71. Fowler v. Rhode Island, 345 U.S. 67 (1953). 

A Pawtucket ordinance read as follows: ‘‘No person shall address 

any political or religious meeting in any public park, but this section 

shall not be construed to prohibit any political or religious club or society from visiting any public park in a body, provided that no public 

address shall be made under the auspices of such club or society in 

such park.’’ Because services of a Jehovah’s Witnesses sect differed 

from those conducted by other religious groups, in that the former 

were marked by lectures rather than confined to orthodox rituals, 

that sect was prevented from holding religious meetings in parks. 

Thus applied, the ordinance was held to violate the First and Fourteenth Amendments of the Federal Constitution, including the equal 

protection clause of the latter. 

72. Slochower v. Board of Education, 350 U.S. 551 (1956). 

Section 903 of the New York City Charter provides that whenever 

a city employee invokes the privilege against self-incrimination to 

avoid answering inquiries into his official conduct by a legislative 

committee, his employment shall terminate. The summary dismissal 

thereunder, without notice and hearing, of a teacher at City College 

who was entitled to tenure and could be discharged only for cause and 

after notice, hearing and appeal, violated the due process clause of 

the Fourteenth Amendment. Invocation of the privilege to justify refusal to answer questions of a congressional committee concerning 

membership in the Communist Party in 1948-1949 cannot be viewed 

as the equivalent either to a confession of guilt or a conclusive presumption of perjury. 

Justices concurring: Black (concurring specially), Douglas (concurring specially), Warren, C.J., Frankfurter, Clark. 

Justices dissenting: Reed, Burton, Minton, Harlan. 

73. Holmes v. City of Atlanta, 350 U.S. 879 (1955). 

Atlanta ordinance which reserved certain public parks and golf 

courses for white persons only was violative of the equal protection 

clause of the Fourteenth Amendment. 

74. West Point Grocery Co. v. City of Opelika, 354 U.S. 390 (1957). 

Ordinance of Opelika, Alabama, provided that a wholesale grocery business which delivers groceries in the City from points without 

the City must pay an annual privilege tax of $250. As applied to a 

Georgia corporation which solicits orders in the City and consummates purchases by deliveries originating in Georgia, the tax is 

invalid under the commerce clause of the Constitution. 

Justices concurring: Warren, C.J., Frankfurter, Douglas, Burton, Clark, Harlan, Brennan, Whittaker. 

Justice dissenting: Black. 

ORDINANCES HELD UNCONSTITUTIONAL 2337

75. Lambert v. California, 355 U.S. 225 (1957). 

Los Angeles Municipal Code made it unlawful for a person who 

has been convicted of a crime punishable in California as a felony to 

remain in the city longer than five days without registering with the 

Chief of Police. Applied to a person who is not shown to have had actual knowledge of his duty to register, this ordinance violates the due 

process clause of the Fourteenth Amendment of the Constitution. 

Justices concurring: Warren, C.J., Black, Douglas, Clark, Brennan. 

Justices dissenting: Frankfurter, Burton, Harlan, Whittaker. 

76. Staub v. City of Baxley, 355 U.S. 313 (1958). 

Baxley, Georgia, made it an offense to ‘‘solicit’’ membership in 

any ‘‘organization, union or society’’ requiring the payment of ‘‘fees 

[or] dues’’ without first receiving a permit from the Mayor and Council. Issuance or refusal may occur after the character of the applicant, 

the nature of the organization in which memberships are to be solicited, and its effect upon the general welfare of the City have been considered. Appellant had been convicted for soliciting memberships in a 

labor union without a license. The ordinance is void on its face because it makes enjoyment of freedom of speech contingent upon the 

will of the Mayor and City Council and thereby constitutes a prior restraint upon that freedom contrary to the Fourteenth Amendment of 

the Constitution. 

Justices concurring: Warren, C.J., Douglas, Black, Burton, Harlan, Brennan, Whittaker. 

Justices dissenting: Frankfurter, Clark. 

77. Smith v. California, 361 U.S. 147 (1959). 

A Los Angeles City ordinance making it unlawful for any bookseller to possess any obscene publication denies him freedom of press, 

as guaranteed by the due process clause of the Fourteenth Amendment, when it is judicially construed to make him absolutely liable 

criminally for mere possession of a book, later adjudged to be obscene, 

notwithstanding that he had no knowledge of the contents thereof. 

Such construction would tend to restrict the books he sells to those 

he has inspected and thereby to limit the public’s access to constitutionally protected publications. 

Justices concurring: Clark, Warren, C.J., Whittaker, Brennan, Stewart, Black 

(separately), Frankfurter (separately), Douglas (separately), Harlan (dissenting in part; separately). 

78. Bates v. City of Little Rock, 361 U.S. 516 (1960). 

Little Rock and North Little Rock, Arkansas, ordinances which, 

as a condition of exempting charitable organizations from an annual 

business license tax, required the disclosure of the identity of the officers and members of said organizations, as enforced against the 

2338 ORDINANCES HELD UNCONSTITUTIONAL 

N.A.A.C.P., denied members of the latter freedom of association, 

press, and speech as guaranteed by the due process clause of the 

Fourteenth Amendment. 

Justices concurring: Brennan, Clark, Frankfurter, Stewart, Warren, C.J., 

Whittaker, Harlan, Black (separately), Douglas (separately). 

79. Talley v. California, 362 U.S. 60 (1960). 

Los Angeles ordinance which forbade distribution under any circumstance of any handbill which did not have printed thereon the 

name and address of the person who prepared, distributed, or sponsored it was void on its face as abridging freedom of speech and press 

guaranteed by the due process clause of the Fourteenth Amendment. 

Such ordinance is not limited to identifying those responsible for 

fraud, false advertising, libel, disorder, or littering. 

Justices concurring: Warren, C.J., Stewart, Harlan (separately), Douglas, 

Black.

Justices dissenting: Clark, Frankfurter, Whittaker. 

80. Schroeder v. City of New York, 371 U.S. 208 (1962). 

New York City Water Supply Act, insofar as it authorized notification of land owners, whose summer resort property would be adversely affected by city’s diversion of water, by publication of notices 

in January in New York City official newspaper and in newspapers 

in the county where the resort property was located as well as by notices posted on trees and poles along the waterway adjacent to such 

property, did not afford the quality of notice, i.e., to the owners’ permanent home address, required by the due process clause of the Fourteenth Amendment. 

81. Camara v. Municipal Court, 387 U.S. 523 (1967). 

San Francisco ordinance authorizing warrantless entry of residential property to inspect for housing code violations violates Fourth 

and Fourteenth Amendments. 

82. See v. City of Seattle, 387 U.S. 541 (1967). 

Seattle ordinance authorizing warrantless entry of commercial 

property to inspect for fire code violations violates Fourth and Fourteenth Amendments. 

83. Teitel Film Corp. v. Cusack, 390 U.S. 139 (1968). 

Chicago motion picture censorship ordinance is unconstitutional 

in several procedural aspects. 

84. Avery v. Midland County, 390 U.S. 474 (1968). 

Enactment of Midland County, Texas commissioners court drawing boundaries for districts of election of members does not comply 

with required ‘‘one-man, one-vote’’ standard. 

ORDINANCES HELD UNCONSTITUTIONAL 2339

Justices concurring: White, Black, Douglas, Brennan, Warren, C.J.. 

Justices dissenting: Harlan, Fortas, Stewart. 

85. Interstate Circuit, Inc. v. City of Dallas, 390 U.S. 676 (1968). 

Dallas ordinance providing for classification of motion pictures as 

not suitable for viewing by young persons does not provide adequate 

standards and is void for vagueness. 

Justices concurring: Marshall, Black, Douglas, Brennan, Stewart, White, 

Fortas, Warren, C.J.. 

Justices dissenting: Harlan. 

86. Hunter v. Erickson, 393 U.S. 385 (1969). 

Amendment to Akron, Ohio city charter providing that any ordinance enacted by council dealing with discrimination in housing was 

not to be effective until approved by referendum whereas no other enactment had to be so submitted violated equal protection clause. 

Justices concurring: White, Douglas, Brennan, Fortas, Marshall, Warren, 

C.J..

Justices concurring specially: Harlan, Stewart. 

Justices dissenting: Black. 

87. Coates v. City of Cincinnati, 402 U.S. 611 (1971). 

Cincinnati ordinance making it unlawful for three or more persons to assemble on a sidewalk and conduct themselves in a manner 

annoying to passers-by is unconstitutionally vague and violates rights 

to assembly and association. 

Justices concurring: Stewart, Douglas, Harlan, Brennan, Marshall. 

Justices concurring specially: Black. 

Justices dissenting: White, Blackmun, Burger, C.J.. 

88. Papachristou v. City of Jacksonville, 405 U.S. 156 (1972). 

Jacksonville, Florida vagrancy ordinance is void for vagueness because it fails to give a person fair notice that his contemplated conduct is forbidden, because it encourages arbitrary and erratic enforcement of the law, because it makes criminal activities which by modern standards are normally innocent, and because it vests unfettered 

discretion in police. 

89. Police Dep’t of Chicago v. Mosley, 408 U.S. 92 (1972). 

Chicago ordinance prohibiting all picketing within certain distance of any school except labor picketing violates equal protection 

clause by impermissibly distinguishing between types of peaceful 

picketing.

90. Cason v. City of Columbus, 409 U.S. 1053 (1972). 

Columbus, Ohio ordinance prohibiting use of abusive language toward another as applied by court below without limitation to fighting 

words cannot sustain conviction. 

2340 ORDINANCES HELD UNCONSTITUTIONAL 

91. Lewis v. City of New Orleans, 415 U.S. 130 (1974). 

New Orleans ordinance interpreted by state courts to punish the 

use of opprobrious words to police officer without limitation of offense 

to uttering of fighting words is invalid. 

Justices concurring: Brennan, Douglas, Stewart, White, Marshall. 

Justice concurring specially: Powell. 

Justices dissenting: Blackmun, Rehnquist, Burger, C.J.. 

92. Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975). 

A Jacksonville, Florida ordinance making it a public nuisance 

and a punishable offense for a drive-in movie theater to exhibit films 

containing nudity, when the screen is visible from a public street or 

place, is facially invalid as an infringement of First Amendment 

rights.

Justices concurring: Powell, Douglas, Brennan, Stewart, Marshall, Blackmun.

Justices dissenting: White, Rehnquist, Burger, C.J.. 

93. Hynes v. Mayor of Oradell, 425 U.S. 610 (1976). 

Oradell, New Jersey ordinance requiring that advance written notice be given to local police by any person desiring to canvass, solicit, 

or call from house to house for a charitable or political purpose held 

void for vagueness. 

Justices concurring: Burger, C.J., Brennan, Stewart, White, Marshall, Blackmun, Powell. 

Justice dissenting: Rehnquist. 

94. Linmark Associates v. Township of Willingboro, 431 U.S. 85 (1977). 

Wilingboro, New Jersey ordinance prohibiting posting of real estate ‘‘For Sale’’ and ‘‘Sold’’ signs for the purpose of stemming what the 

township perceived as flight of white homeowners violated the First 

Amendment.

95. Moore v. City of East Cleveland, 431 U.S. 494 (1977). 

East Cleveland zoning ordinance that limited housing occupancy 

to members of single family and restrictively defined family so as to 

prevent an extended family, i.e., two grandchildren by different children residing with grandmother, violated due process clause. 

Justices concurring: Powell, Brennan, Marshall, Blackmun. 

Justice concurring specially: Stevens. 

Justices dissenting: Stewart, Rehnquist, White; Burger (on other grounds). 

96. Carter v. Miller, 434 U.S. 356 (1978). 

Lower court’s invalidation on equal protection grounds of Chicago 

ordinance that permanently denies public chauffeur’s license to applicants previously convicted of certain crimes while making revocation 

of previously licensed persons convicted of same offenses discretionary 

is affirmed by an equally divided Court. 

ORDINANCES HELD UNCONSTITUTIONAL 2341

97. Village of Schaumburg v. Citizens for a Better Environment, 444 U.S. 

620 (1980). 

Schaumburg, Illinois ordinance prohibiting door-to-door or on-thestreet solicitation of contributions by charitable organizations that do 

not use at least 75 percent of their receipts for ‘‘charitable purposes’’ 

violates First and Fourteenth Amendment speech protections. 

Justices concurring: White, Brennan, Stewart, Marshall, Blackmun, Powell, 

Stevens, Burger, C.J.. 

Justice dissenting: Rehnquist. 

98. Edwards v. Service Machine & Shipbuilding Corp., 449 U.S. 913 (1980). 

Court of Appeals decision voiding on commerce clause grounds an 

ordinance of St. Mary Parish, Louisiana requiring non-local job seekers and local workers seeking new jobs to obtain identification card 

and to provide fingerprints, photograph, and pay fee is summarily affirmed.

99. Town of Southampton v. Troyer, 449 U.S. 988 (1980). 

Court of Appeals decision invalidating on First Amendment 

grounds an ordinance of Southampton, New York barring door-to-door 

solicitation without prior consent of occupant, but excepting canvassers who have lived in the municipality at least six months is affirmed.

100. Schad v. Borough of Mount Ephraim, 452 U.S. 61 (1981). 

Mount Ephraim, New Jersey zoning ordinance construed to bar 

the offering of live entertainment within the township violated the 

First Amendment. 

Justices concurring: White, Brennan, Stewart, Marshall, Blackmun, Powell. 

Justice concurring specially: Stevens. 

Justices dissenting: Burger, C.J., Rehnquist. 

101. Metromedia v. City of San Diego, 453 U.S. 490 (1981). 

Complex ban on billboard displays within the City of San Diego, 

excepting certain onsite signs and 12 categories of particular signs, 

violates First Amendment. 

Justices concurring: White, Stewart, Marshall, Powell. 

Justices concurring specially: Brennan, Blackmun; Stevens (in part). 

Justices dissenting: Burger, C.J., Rehnquist. 

102. Citizens Against Rent Control v. City of Berkeley, 454 U.S. 290 (1981). 

Berkeley, California ordinance limiting to $250 any contributions 

to committees formed to support or oppose ballot measures submitted 

to popular vote violates First Amendment. 

Justices concurring: Burger, C.J., Brennan, Powell, Rehnquist, Stevens. 

Justices concurring specially: Marshall, Blackmun, O’Connor. 

Justice dissenting: White. 

2342 ORDINANCES HELD UNCONSTITUTIONAL 

103. Rusk v. Espinosa, 456 U.S. 951 (1982). 

Court of Appeals decision holding violative of the First Amendment an Albuquerque, New Mexico ordinance regulating solicitation 

by charitable organizations but exempting solicitation by religious 

groups for ‘‘evangelical, missionary or religious’’ but not secular purposes is summarily affirmed. 

104. Giacobbe v. Andrews, 459 U.S. 801 (1982). 

Federal district court decision holding that New York City’s plan 

for apportioning 10 at-large seats for the City Council among the 

City’s five boroughs violates the one person, one vote requirements of 

the Equal Protection Clause, summarily affirmed by the U.S. Court 

of Appeals for the Second Circuit, is summarily affirmed. 

105. City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416 

(1983) (subsequently overruled in part). 

Akron, Ohio ordinance regulating the circumstances of abortions 

is unconstitutional in the following respects: by requiring all abortions performed after the first trimester to be performed in a hospital, 

by requiring parental consent or court order for abortions performed 

on minors under age 15, by requiring the attending physician to provide detailed information on which ‘‘informed consent’’ may be premised, by requiring a 24-hour waiting period, and by requiring disposal of fetal remains in a ‘‘humane and sanitary manner.’’ 

Justices concurring: Powell, Brennan, Marshall, Blackmun, Stevens, Burger, 

C.J..

Justices dissenting: O’Connor, White, Rehnquist. 

106. City of Cleburne v. Cleburne Living Center, 473 U.S. 432 (1985). 

Cleburne, Texas zoning requirement of a special use permit for 

operation of a home for the mentally retarded in an area where 

boarding homes, nursing and convalescent homes, and fraternity or 

sorority houses are permitted without such special use permits is a 

denial of equal protection as applied, the record containing no rational 

basis for the distinction. 

Justices concurring: White, Powell, Rehnquist, Stevens, O’Connor, Burger, 

C.J..

Justices concurring specially: Marshall, Brennan, Blackmun. 

107. Hudnut v. American Booksellers Ass’n, 475 U.S. 1001 (1986). 

Appeals court decision holding invalid under the First Amendment an Indianapolis ordinance prohibiting as pornography ‘‘graphic 

sexually explicit subordination of women’’ without regard to appeal to 

prurient interests or offensiveness to community standards is summarily affirmed. 

ORDINANCES HELD UNCONSTITUTIONAL 2343

108. City of Houston v. Hill, 482 U.S. 451 (1987). 

Houston ordinance making it unlawful to ‘‘oppose, molest, abuse, 

or interrupt’’ police officer in performance of duty is facially overbroad 

in violation of the First Amendment. 

Justices concurring: Brennan, White, Marshall, Blackmun, Stevens. 

Justices concurring specially: Powell, O’Connor, Scalia. 

Justice dissenting: Rehnquist, C.J.. 

109. Board of Airport Comm’rs v. Jews for Jesus, 482 U.S. 569 (1987). 

Los Angeles Board of Airport Commissioners resolution banning 

all ‘‘First Amendment activities’’ at airport is facially overbroad in 

violation of the First Amendment. 

110. City of Lakewood v. Plain Dealer Publishing Co., 486 U.S. 750 (1988). 

Lakewood, Ohio ordinance vesting in the mayor unbridled discretion to grant or deny a permit for location of newsracks on public 

property violates the First Amendment. 

Justices concurring: Brennan, Marshall, Blackmun, Scalia. 

Justices dissenting: White, Stevens, O’Connor. 

111. City of Richmond v. J. A. Croson Co., 488 U.S. 469 (1989). 

Richmond, Virginia requirement that contractors awarded city 

construction contracts must subcontract at least 30% of the dollar 

amount to ‘‘minority business enterprises’’ violates the Equal Protection Clause. 

Justices concurring: O’Connor, White, Stevens, Kennedy, Rehnquist, C.J.. 

Justice concurring specially: Scalia. 

Justices dissenting: Marshall, Brennan, Blackmun. 

112. New York City Bd. of Estimate v. Morris, 489 U.S. 688 (1989). 

New York City Charter procedures for electing City’s Board of Estimate, consisting of three members elected citywide (the Mayor, the 

comptroller, and the president of the City Council) and the elected 

presidents of the city’s five boroughs, violate the one-person, one-vote 

requirements derived from the Equal Protection Clause. 

Justices concurring: White, Marshall, O’Connor, Scalia, Kennedy, Rehnquist, 

C.J..

Justices concurring specially: Blackmun, Brennan, Stevens. 

113. FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990). 

Dallas licensing scheme for ‘‘sexually oriented’’ businesses, as applied to businesses that engage in protected First Amendment activity, constitutes an invalid prior restraint on protected activity. The ordinance fails to place a time limit within which the licensing authority must act, and fails to provide a prompt avenue for judicial review. 

Justices concurring: O’Connor, Stevens, Kennedy. 

Justices concurring specially: Brennan, Marshall, Blackmun. 

2344 ORDINANCES HELD UNCONSTITUTIONAL 

Justices dissenting: White, Scalia, Rehnquist, C.J.. 

114. R. A. V. v. City of St. Paul, 505 U.S. 377 (1992). 

St. Paul, Minnesota’s Bias-Motivated Crime Ordinance, which 

punishes the display of a symbol which one knows will arouse anger, 

alarm, or resentment in others on the basis of race, color, creed, religion, or gender, is facially invalid under the First Amendment because it discriminates solely on the basis of the subjects that speech 

addresses.

Justices concurring: Scalia, Kennedy, Souter, Thomas, Rehnquist, C.J.. 

Justices concurring specially: White, Blackmun, O’Connor, Stevens. 

115. Lee v. Weisman, 505 U.S. 577 (1992). 

Providence, Rhode Island’s use of members of the clergy to offer 

prayers at official public secondary school graduation ceremonies violates the First Amendment’s Establishment Clause. The involvement 

of public school officials with religious activity was ‘‘pervasive,’’ to the 

point of creating a state-sponsored and state-directed religious exercise in a public school; officials not only determined that an invocation 

and benediction should be given, but also selected the religious participant and provided him with guidelines for the content of nonsectarian prayers. 

Justices concurring: Kennedy, Blackmun, Stevens, O’Connor, Souter. 

Justices dissenting: Scalia, White, Thomas, Rehnquist, C.J.. 

116. Lee v. International Soc’y for Krishna Consciousness, 505 U.S. 830 

(1992).

A regulation of the Port Authority of New York and New Jersey 

banning leafletting (‘‘the sale or distribution of . . . printed or written 

material’’ to passers-by) within the airport terminals operated by the 

facility is invalid under the First Amendment. 

Justices concurring (per curiam): Blackmun, Stevens, O’Connor, Kennedy, 

Souter.

Justices dissenting: Rehnquist, C.J., White, Scalia, Thomas. 

117. City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (1993). 

Cincinnati’s refusal, pursuant to an ordinance prohibiting distribution of commercial handbills on public property, to allow the distribution of commercial publications through freestanding newsracks 

located on public property, while at the same time allowing similar 

distribution of newspapers and other noncommercial publications, violates the First Amendment. 

Justices concurring: Stevens, Blackmun, O’Connor, Scalia, Kennedy, Souter. 

Justices dissenting: Rehnquist, C.J., White, Thomas. 

ORDINANCES HELD UNCONSTITUTIONAL 2345

118. Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993). 

Hialeah, Florida’s ordinances banning the killing of animals in a 

ritual sacrifice are unconstitutional as infringing the free exercise of 

religion by members of the Santeria religion. 

Justices concurring: Kennedy, White, Stevens, Scalia, Souter, Thomas, 

Rehnquist, C.J.. 

Justices concurring specially: Blackmun, O’Connor. 

119. C & A Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994). 

Clarkstown, New York’s ‘‘flow control’’ ordinance, which requires 

all solid waste within the town to be processed at a designated transfer station before leaving the municipality, discriminates against 

interstate commerce and is invalid under the Commerce Clause. 

Justices concurring: Kennedy, Stevens, Scalia, Thomas, Ginsburg. 

Justice concurring specially: O’Connor. 

Justices dissenting: Souter, Blackmun, Rehnquist, C.J.. 

120. City of Ladue v. Gilleo, 512 U.S. 43 (1994). 

Ladue, Missouri’s ordinance, which prohibits all signs but makes 

exceptions for several narrow categories, violates the First Amendment by prohibiting a resident from placing in the window of her 

home a sign containing a political message. By prohibiting residential 

signs that carry political, religious, or personal messages, the ordinance forecloses ‘‘a venerable means of communication that is both 

unique and important.’’ 

121. City of Chicago v. Morales, 527 U.S. 41 (1999). 

Chicago’s Gang Congregation Ordinance, which prohibits ‘‘criminal street gang members’’ from ‘‘loitering’’ with one another or with 

other persons in any public place after being ordered by a police officer to disperse, violates the Due Process Clause of the Fourteenth 

Amendment. The ordinance violates the requirement that a legislature establish minimal guidelines for law enforcement. 

Justices concurring: Stevens, O’Connor, Kennedy, Souter, Ginsburg, Breyer. 

Justices dissenting: Scalia, Thomas, Rehnquist, C.J.. 

122. Watchtower Bible & Tract Soc’y v. Village of Stratton, 122 S. Ct. 2080 

(2002)

The Ohio village’s ordinance making it a misdemeanor offense to 

engage in door-to-door advocacy without first registering with the 

mayor and receiving a permit, required to be shown to an officer or 

resident who so requests, violates the First Amendment. The free and 

unhampered distribution of pamphlets is ‘‘an age-old form of missionary evangelism,’’ and is also important for the dissemination of 

ideas unrelated to religion. The ordinance is not narrowly tailored to 

serve the village’s ‘‘important,’’ interests in preventing crime, preventing fraud, and protecting privacy. 

2346 ORDINANCES HELD UNCONSTITUTIONAL 

Justices concurring: Stevens, O’Connor, Kennedy, Souter, Ginsburg, Breyer. 

Justices concurring specially: Scalia, Thomas. 

Justice dissenging: Rehnquist, C.J.. 

2347

III. STATE AND LOCAL LAWS HELD PREEMPTED 

BY FEDERAL LAW 

1. Society for the Propagation of the Gospel v. New Haven, 21 U.S. (8 

Wheat.) 464 (1823). 

The property of a charitable corporation chartered by the Crown, 

being specifically protected by the treaty of peace of 1783, an act of 

Vermont adopted in 1794 and purporting to convey such property to 

local subdivisions was void. 

2. Gibbons v. Ogden, 22 U.S. (9 Wheat.) 1 (1824). 

By reason of conflict with the federal licensing act of 1793 authorizing vessels to navigate coastal waters, a New York statute granting 

to certain persons an exclusive right to navigate New York waters 

was void. 

3. Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832). 

A Georgia law which imposed penalties on white persons who, 

without first obtaining a license therefor, established a residence 

within the limits of the Cherokee Nation, was unenforceable by reason of conflict with treaties negotiated by the United States with such 

Indian tribes and by virtue of extending to an area beyond the jurisdiction of the State. 

4. Prigg v. Pennsylvania, 41 U.S. (16 Pet.) 539 (1842). 

A Pennsylvania statute (1826) which penalized an owner’s recovery of a runaway slave was violative of Art. IV, § 2, cl. 3, and federal 

legislation implementing the latter provision. 

Justices concurring: Story, Catron, McKinley, Taney, C.J. (separately), Thompson (separately), Baldwin (separately), Wayne (separately), Daniel (separately), McLean (separately). 

5. Searight v. Stokes, 44 U.S. (3 How.) 151 (1845). 

Inasmuch as under federal acts ceding to Pennsylvania that part 

of the Cumberland Road within its limits, and Pennsylvania laws accepting the same, the carriage of mail over said road was to be free 

from toll, later Pennsylvania law imposing tolls on coaches transporting passengers could not extend to the mail carried therein. 

Justices concurring: Taney, C.J., Story, Wayne, Catron, McKinley, Nelson. 

Justices dissenting: McLean, Daniel. 

6. Neil, Moore & Co. v. Ohio, 44 U.S. (3 How.) 720 (1845). 

Ohio toll levied on passengers transported on mail coaches traversing Cumberland Road in that State, but which exempted passengers traveling on other coaches, was void by reason of conflict with 

2348 STATE AND LOCAL LAWS HELD PREEMPTED 

the terms of federal and Ohio acts adopted in relation to transfer and 

acceptance of said part of the road by Ohio. 

Justices concurring: Taney, C.J., Story, McLean, Wayne, Catron, McKinley, 

Nelson.

Justice dissenting: Daniel. 

7. Sinnot v. Davenport, 63 U.S. (22 How.) 227 (1860). 

An Alabama statute requiring owners of steamboats navigating 

the waters of that State to register under the penalty of a $500 fine 

for each offense was in conflict with the act of Congress providing for 

the enrollment and license of vessels engaged in the coastwise trade 

and therefore inoperative. 

Accord: Foster v. Davenport, 63 U.S. (22 How.) 244 (1860), which 

held that this statute also was inoperative when applied to a lighter 

and a towboat assisting the movement wholly within Alabama territorial waters of vessels engaged in foreign and interstate commerce. 

8. Van Allen v. The Assessors, 70 U.S. (3 Wall.) 573 (1866). 

A New York law authorizing localities to tax as personal property 

national bank stock held by residents, but which imposed no comparable tax on shares of state banks, was violative of federal legislation authorizing state taxation of national bank stock at rates no 

higher than those imposed on state bank shares. Taxation of the capital of state banks did not provide such equality, for that part of the 

capital of state banks invested in federal securities was exempt. 

Justices concurring: Grier, Davis, Nelson, Clifford, Miller, Field. 

Justices dissenting: Chase, C.J., Wayne, Swayne. 

9. Accord: Bradley v. Illinois, 71 U.S. (4 Wall.) 459 (1867), voiding a similar 

Illinois tax law on the ground that a tax on the capital of state banks 

was not the equivalent of the state tax on shares of national banks and 

accordingly the tax on the latter was in conflict with federal law consenting to taxation of national bank shares at rates not in excess of 

those imposed on shares of state banks. 

10. The Moses Taylor, 71 U.S. (4 Wall.) 411 (1867). 

A California statute vesting state courts with in rem jurisdiction 

over vessels for causes of action cognizable in admiralty invalidly infringed the admiralty jurisdiction exclusively conferred upon federal 

courts by § 9 of the Judiciary Act. 

11. The Hine v. Trevor, 71 U.S. (4 Wall.) 555 (1867). 

Iowa statute providing an in rem remedy in state courts for maritime causes of action was void by reason of conflict with § 9 of the 

Judiciary Act of 1789, which vested admiralty jurisdiction exclusively 

in the federal courts. 

STATE AND LOCAL LAWS HELD PREEMPTED 2349

12. The Kansas Indians, 72 U.S. (5 Wall.) 737 (1867). 

When a treaty with Indian tribes exempted their lands from levy, 

sale, and forefeiture, Kansas could not validly collect its tax on lands 

held in severalty by members of such tribes under patents issued 

them pursuant to such treaty. Tribal Indians thus recognized by the 

National Government are exempt from the jurisdiction of the State. 

13. The New York Indians, 72 U.S. (5 Wall.) 761 (1867). 

A New York statute imposing a tax on lands reserved to an Indian tribe by treaty was void, notwithstanding provision therein that 

sale of land for nonpayment of the tax would not affect the right of 

occupancy by the Indians. 

14. Bank v. Supervisors, 74 U.S. (7 Wall.) 26 (1868). 

New York tax could not be collected on United States notes expressly exempted from state taxation by federal law authorizing their 

issuance as legal tender. 

15. The Belfast, 74 U.S. (7 Wall.) 624 (1869). 

Inasmuch as a shipper’s lien under a contract of carriage between 

ports within the same State is a maritime lien enforceable by in

rem proceedings exclusively within the admiralty jurisdiction of federal court, an Alabama law creating a maritime lien enforceable by 

in rem proceedings in its own courts was void. 

16. Pensacola Tel. Co. v. Western Union Tel. Co., 96 U.S. 1 (1878). 

Florida legislative grant of a telegraphic monopoly held ‘‘inoperative’’ as in conflict with a congressional act dealing with the construction of telegraph lines and based on its commerce and postal 

power.

Justices concurring: Waite, C.J., Clifford, Strong, Bradley, Swayne, Miller. 

Justices dissenting: Field, Hunt. 

17. Sprague v. Thompson, 118 U.S. 90 (1886). 

Georgia law requiring out-of-state coastal vessels, subject to certain discriminating exemptions, to take on a pilot upon entering Georgia ports, was void by reason of conflict with federal pilotage law. 

18. Western Union Tel. Co. v. Massachusetts, 125 U.S. 530 (1888). 

Massachusetts law, authorizing an injunction to restrain tax 

delinquents from doing business until payments are made, could not 

be validly invoked to restrain a telegraph company operating lines 

over United States military and post roads pursuant to federal authorization.

19. Harman v. City of Chicago, 147 U.S. 396 (1893). 

A Chicago ordinance imposing a license tax on tug boats licensed 

under federal authority and engaged in interstate commerce held invalid.

2350 STATE AND LOCAL LAWS HELD PREEMPTED 

20. Gulf, C. & S. F. Ry. v. Hefley, 158 U.S. 98 (1895). 

Texas statute regulating railroad rates, when applied to interstate freight transportation, was held to conflict with Interstate Commerce Act. 

21. Ohio v. Thomas, 173 U.S. 276 (1899). 

Ohio statute which regulated the use of oleomargarine in the 

State held void as applied to a soldiers’ home in Ohio created by Congress and administered as a federal institution. 

22. Home Savings Bank v. City of Des Moines, 205 U.S. 503 (1907). 

An Iowa law levying a tax on a state bank, assessed on its shares 

measured by the value of its capital, surplus, and individual earnings, 

was void insofar as the assessment embraced federal bonds owned by 

the bank and was in conflict with a federal enactment exempting such 

bonds from state taxes. 

Justices concurring: Moody, Brewer, White, McKenna, Holmes, Day. 

Justices dissenting: Fuller, C.J., Harlan, Peckham. 

23. Northern Pacific Ry. v. Washington, 222 U.S. 370 (1912). 

Consistent with doctrine of national supremacy and preemption, 

state laws, including one of the State of Washington, regulating hours 

of service embracing employees of interstate carriers, became inoperative immediately upon the adoption of the Federal Hours of Service 

Law notwithstanding that the latter did not go into effect until a year 

after its passage. 

24. Southern Ry. v. Reid, 222 U.S. 424 (1912). 

A North Carolina statute requiring carriers to transport interstate freight as soon as it was received was unenforceable due to conflict with § 2 of the Hepburn Act of 1906 (34 Stat. 584), forbidding 

interstate railway carriers to make shipments until rates had been 

fixed and published by the Interstate Commerce Commission, which 

had not yet acted on this matter. 

Justices concurring: McKenna, Holmes, Hughes, Van Devanter, Lamar, White, 

C.J..

Justice dissenting: Lurton. 

Accord: Southern Ry. v. Reid & Beam, 222 U.S. 444 (1912). 

Accord: Southern Ry. v. Burlington Lumber Co., 225 U.S. 99 

(1912).

25. Chicago, R. I. & P. Ry. v. Hardwick Elevator Co., 226 U.S. 426 (1913). 

Congress, by enactment of the Hepburn Act (34 Stat. 584 (1906)) 

having preempted the field of regulation pertaining to the duty of carriers to deliver cars in interstate commerce, a Minnesota Reciprocal 

Demurrage Law imposing like regulations was void. 

STATE AND LOCAL LAWS HELD PREEMPTED 2351

26. Accord: St. Louis, I. Mt. & S. Ry. v. Edwards, 227 U.S. 265 (1913). 

Arkansas Demurrage Law of 1907 penalizing carriers for failure 

to notify consignees of arrival of shipments was similarly held void. 

27. Adams Express Co. v. Croninger, 226 U.S. 491 (1913). 

A Kentucky law which precluded an interstate carrier from contracting to limit its liability to an agreed or declared value was void 

as conflicting with the Carmack Amendment, which preempted the 

field of regulation pertaining to the liability of interstate carriers for 

loss and damage to interstate shipments,. 

28. Accord: Chicago, B. & Q. Ry. v. Miller, 226 U.S. 513 (1913). 

An Iowa law and a provision of the Nebraska Constitution were 

held to have been superseded by the Carmack Amendment. 

29. Accord: Chicago, St. P., M. & O. Ry. v. Latta, 226 U.S. 519 (1913). 

Nebraska constitutional provision was held to have been superseded by the Carmack Amendment. 

30. McDermott v. Wisconsin, 228 U.S. 115 (1913). 

Wisconsin food labeling law was invalid insofar as it exacted labelling requirements as to articles in interstate commerce which were 

in conflict with those required under the Federal Pure Food and Drug 

Act. imposed an invalid burden on interstate commerce. 

31. Missouri, K. & T. Ry. v. Harriman Bros., 227 U.S. 657 (1913). 

Inasmuch as the federal Carmack Amendment preempted the 

field of regulation pertaining to determination of an interstate railroad’s liability for loss or damages to goods in transit, Texas law outlawing contractual stipulations specifying a period of limitations for 

filing of claims by a shipper which was briefer than that sanctioned 

by the federal law was unenforceable. 

Justices concurring: Lurton, McKenna, Holmes, Hughes (separately), Day, Van 

Devanter, Lamar, White, C.J.. 

Justice dissenting: Pitney. 

32. St. Louis, S. F. & T. Ry. v. Seale, 229 U.S. 156 (1913). 

When the Federal Employers’ Liability Act was applicable, by 

reason that the injured employee was engaged in interstate commerce, a Texas law affording a remedy for said injuries was superseded by reason of the supremacy of the former. 

Justices concurring: Van Devanter, McKenna, Holmes, Day, Lurton, 

Hughes, Pitney, White, C.J.. 

Justice dissenting: Lamar. 

33. New York Central R.R. v. Hudson County, 227 U.S. 248 (1913). 

Congress having expressly included ferries used in connection 

with interstate railroads in its legislation regulating interstate comVerDate Aug<04>2004 12:59 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00005 Fmt 8222 Sfmt 8222 C:\CONAN\CON066.SGM PRFM99 PsN: CON066
2352 STATE AND LOCAL LAWS HELD PREEMPTED 

merce, two New Jersey municipal ordinances fixing passenger rates 

for travel on ferries between New Jersey and New York points were 

superseded and therefore invalid. 

34. Chicago, B. & Q. R.R. v. Hall, 229 U.S. 511 (1913). 

Iowa law pertaining to attachment of wages of a railroad worker 

adjudicated bankrupt within less than four months thereafter was in 

conflict with federal bankruptcy law nullifying liens obtained within 

four months prior to the filing of a petition in bankruptcy and hence 

was not entitled to full faith and credit in Nebraska courts. 

35. Erie R.R. v. New York, 233 U.S. 671 (1914). 

Congress having completely preempted the field by its Hours of 

Service Act of 1907, notwithstanding that it did not take effect until 

1908, a New York labor law of 1907 regulating hours of service of 

railroad telegraph operators engaged in interstate commerce was invalid.

36. Globe Bank v. Martin, 236 U.S. 288 (1915). 

Attachments and liens on real estate of a bankrupt, acquired pursuant to Kentucky laws within four months prior to the filing of a petition in bankruptcy under federal law, were null and void, and distribution of the proceeds from the sale of such real estate was governed by federal rather than by state law. 

37. Southern Ry. v. Railroad Comm’n, 236 U.S. 439 (1915). 

An Indiana statute requiring railway companies to place grabirons and hand-holds on the sides and ends of every car having been 

superseded by the Federal Safety Appliance Act, penalties imposed 

under the former could not be recovered as to cars operated on interstate railroads, although engaged only in intrastate traffic. 

38. Kirmeyer v. Kansas, 236 U.S. 568 (1915). 

Kansas prohibition law could not be validly enforced to prevent 

Kansas dealer from accepting orders for alcoholic beverages which 

were to be completed by interstate delivery to Kansas purchasers 

from a point in Missouri; under the federal Wilson Act the interstate 

transportation did not end until delivery to the consignee was completed.

39. Charleston & W. C. Ry. v. Varnville Co., 237 U.S. 597 (1915). 

South Carolina law which imposed a penalty on carriers for their 

failure to adjust claims within 40 days imposed an invalid burden on 

interstate commerce and also was in conflict with the federal 

Carmack Amendment. 

40. Rossi v. Pennsylvania, 238 U.S. 62 (1915). 

Pennsylvania liquor law could not be enforced against one who 

solicited orders for the delivery of alcoholic beverages to be shipped 

STATE AND LOCAL LAWS HELD PREEMPTED 2353

to the consignee from another State; under the federal Wilson Act of 

1890 liquor shipped in interstate commerce did not become subject to 

State regulation until after delivery to the consignee. 

41. New York Central R.R. v. Winfield, 244 U.S. 147 (1917). 

Congress, by enactment of the Federal Employees’ Liability Act, 

having preempted the field as to determination of the liability of 

interstate railroad carriers to compensate employees for injuries sustained while engaged in interstate commerce, award under New York 

Workmen’s Compensation Act for injuries sustained in interstate commerce by railway employee could not be upheld. 

Justices concurring: Van Devanter, Holmes, Pitney, McReynolds, Day, McKenna, White, C.J.. 

Justices dissenting: Brandeis, Clarke. 

42. Accord: Erie R.R. v. Winfield, 244 U.S. 170 (1917). 

For the same reason, a New Jersey Workmen’s Compensation Act 

was held inapplicable to a railway worker injured while engaged in 

interstate commerce. 

Justices concurring: Van Devanter, Holmes, Day, Pitney, McKenna, 

McReynolds, White, C.J.. 

Justices dissenting: Brandeis, Clarke. 

43. Southern Pacific Co. v. Jensen, 244 U.S. 205 (1917). 

New York Workmen’s Compensation Act was unconstitutional as 

applied to employees engaged in maritime work, for it afforded a remedy unknown to common law, and hence was not among the common 

law remedies saved to suitors from exclusive federal admiralty jurisdiction by the Judiciary Act of 1789. 

Justices concurring: McReynolds, Day, Van Devanter, McKenna, White, 

C.J..

Justices dissenting: Holmes (separately), Pitney (separately), Brandeis, 

Clarke.

Accord: Clyde S.S. Co. v. Walker, 244 U.S. 255 (1917). 

Justices concurring: McReynolds, Day, Van Devanter, McKenna, White, 

C.J..

Justices dissenting: Holmes, Pitney, Brandeis, Clarke. 

44. Accord: Steamship Bowdoin Co. v. Industrial Accident Comm’n of California, 246 U.S. 648 (1918), as to the inoperative effect of a California 

Workmen’s Compensation Act. 

45. American Express Company v. Caldwell, 244 U.S. 617 (1917). 

Consistent with national supremacy, a South Dakota law regulating advance of interstate rates could not be applied to changes in 

intrastate rates which a carrier put into effect pursuant to an order 

of the Interstate Commerce Commission to abate discrimination 

against interstate traffic. 

2354 STATE AND LOCAL LAWS HELD PREEMPTED 

Justices concurring: Brandeis, Holmes, Pitney, McReynolds, Day, Clarke, Van 

Devanter, White, C.J.. 

Justice dissenting: McKenna. 

46. New Orleans & N.E.R.R. v. Scarlet, 249 U.S. 528 (1919). 

Mississippi ‘‘Prima Facie’’ act, relieving plaintiff of burden of 

proof to establish negligence, could not constitutionally be applied by 

a state court in suits under the Federal Employees’ Liability Act. 

Accord: Yazoo & M.V.R.R. v. Mullins, 249 U.S. 531 (1919). 

47. Pennsylvania R.R. v. Public Service Comm’n, 250 U.S. 566 (1919). 

Pennsylvania law, as applied to an interstate train terminated by 

a mail car, forbidding operation of any train consisting of United 

States mail, or express, cars without rear end of car being equipped 

with a platform with guard rails and steps was inoperative by reason 

of conflict with federal legislation and regulations which preempted 

the field. 

Justices concurring: Holmes, McKenna, Day, Van Devanter, Pitney, 

McReynolds, Brandeis, White, C.J.. 

Justice dissenting: Clarke. 

48. Postal Telegraph-Cable Co. v. Warren-Godwin Co., 251 U.S. 27 (1919). 

By virtue of federal legislation preempting the field, Mississippi 

law could not be applied to determine validity of a contract by a telegraph company limiting its responsibility when its lower rate is paid 

for unrepeated interstate messages. 

Justices concurring: Holmes, McKenna, Day, Van Devanter, McReynolds, 

Brandeis, Clarke, White, C.J.. 

Justice dissenting: Pitney. 

49. Western Union Tel. Co. v. Boegli, 251 U.S. 315 (1920). 

Federal legislation having preempted the field, Indiana law no 

longer was operative to subject a telegraph company to a penalty for 

failure to deliver promptly in Indiana a message sent from a point in 

Illinois.

50. Merchant’s Nat’l Bank v. Richmond, 256 U.S. 635 (1921). 

Richmond, Virginia, ordinance and Virginia statute which, as 

construed, levied a tax on state and national bank shares at the aggregate rate of $1.75 per $100 of valuation and upon intangibles at 

the aggregate rate of 85 per $100 valuation, a substantial proportion 

of which property was in the hands of individual taxpayers, were void 

as in conflict with federal law prohibiting discriminatory taxation of 

national bank shares for the reason that the tax was imposed on the 

national bank stocks to the aggregate value of more than $8,000,000 

whereas the value of state bank stocks taxed was only $6,000,000. 

STATE AND LOCAL LAWS HELD PREEMPTED 2355

51. First Nat’l Bank v. California, 262 U.S. 366 (1923). 

California law which escheated to a state bank deposits unclaimed for 20 years, notwithstanding that no notice of residence has 

been filed with the bank by the depositor or any claimant, was invalid 

as applied to deposits in national banks by reason of conflict with applicable federal law. 

52. Bunch v. Cole, 263 U.S. 250 (1923). 

When lease of an Indian allotment, made by the allottee in excess 

of the powers of alienation granted by federal law, is declared null 

and void by federal law, Oklahoma statute, as judicially applied, 

which gave the lease the effect of a tenancy at will and as controlling 

the amount of compensation which the allottee may recover for use 

and occupation by the lessees also was void, consistently with the 

principle of national supremacy. 

53. Sperry Oil Co. v. Chisholm, 264 U.S. 488 (1924). 

Oklahoma law which required that the execution of a lease on the 

family homestead also must be executed by the wife was inoperative, 

consistently with the principle of national supremacy, to the extent 

that under federal law Congress had empowered a Cherokee Indian 

to make an oil or gas lease on his restricted ‘‘homestead’’ allotment 

subject only to the approval of the Secretary of the Interior. 

54. Missouri ex rel. Burnes Nat’l Bank v. Duncan, 265 U.S. 17 (1924). 

Because the Federal Reserve Act authorizes national banks to act 

as executors, a Missouri law was ineffective, under the principle of 

national supremacy, to withhold such powers from such banks. 

Justices concurring: Holmes, Sanford, Brandeis, McKenna, Van Devanter, 

Butler, Taft, C.J.. 

Justices dissenting: Sutherland, McReynolds. 

55. Asakura v. City of Seattle, 265 U.S. 332 (1924). 

A Seattle ordinance which limited the pawnbroking business to 

citizens was void as applied to a Japanese alien lawfully admitted 

into the United States and protected by a treaty with Japan according 

to nationals of the latter country the right to carry on a ‘‘trade.’’ 

56. Missouri Pacific R.R. v. Stroud, 267 U.S. 404 (1925). 

When carrier had two routes by which freight might move between two points in a State, the second of which was partly interstate, a suit against the carrier for discrimination in the furnishing 

of cars which arose out of use of the interstate route in conformity 

with the carrier’s practice was governed by the Interstate Commerce 

Act, and the Missouri law governing such discrimination was superseded and inapplicable (Art. VI). 

2356 STATE AND LOCAL LAWS HELD PREEMPTED 

57. Lancaster v. McCarty, 267 U.S. 427 (1925). 

Federal law (39 Stat. 441 (1916)) which authorized carriers to 

limit liability upon property received for transportation to value declared by shipper, where the rates were based on such value pursuant 

to authority of Interstate Commerce Commission, superseded Texas 

law in respect to a claim for damage to goods shipped intrastate between Texas points for the reason that the tariff and classification 

had been adopted by the carrier pursuant to an order of the Commission requiring it to remove discrimination against interstate commerce which had resulted from lower Texas intrastate rates. 

58. Davis v. Cohen, 268 U.S. 638 (1925). 

When the Federal Transportation Act of 1920 provided that suits 

on claims arising out of federal wartime control of the railroads might 

be brought against a federal agent, if instituted within two years 

after federal control had ended, Massachusetts law allowing amendments of proceedings prior to judgment, could not be invoked to substitute the Agent as defendant more than two years after federal control had ended; the suit in which the substitution was attempted had 

erroneously been filed against the railroad rather than against the 

Federal Director General during the period of federal control, and 

since the substitution amounted to filing a new action, invocation of 

the Massachusetts law was repugnant to the Federal Transportation 

Act’s provisions as to limitations. 

59. First Nat’l Bank v. Anderson, 269 U.S. 341 (1926). 

As applied to national banks, Iowa tax law providing for a levy 

on shares of such banks at rates less favorable than the rates applied 

to moneyed capital invested in competition with such banks was repugnant to federal law prohibiting such discrimination (Art. VI). 

60. Oregon-Washington Co. v. Washington, 270 U.S. 87 (1926). 

Federal legislation having preempted the field, a Washington law 

which established a quarantine against importation of hay and alfalfa 

meal, except in sealed containers, coming from areas in other States 

harboring the alfalfa weevil, was inoperative. 

Justices concurring: Taft, C.J., Holmes, Van Devanter, Brandeis, Butler, Sanford, Stone. 

Justices dissenting: McReynolds, Sutherland. 

61. Napier v. Atlantic Coast Line Ry., 272 U.S. 605 (1926). 

The Federal Boiler Inspection Act having occupied the field of 

regulation pertaining to locomotive equipment on interstate highways, a Georgia law requiring cab curtains and automatic fire box 

doors was preempted. 

STATE AND LOCAL LAWS HELD PREEMPTED 2357

62. Missouri Pacific R.R. v. Porter, 273 U.S. 341 (1927). 

Congress having occupied the field by its own legislation, an Arkansas law which prohibited carriers from incorporating into their 

bills of lading stipulations exempting the carriers from liability for 

loss of shipments by fire not due to the carriers’ negligence was preempted.

63. First Nat’l Bank v. Hartford, 273 U.S. 548 (1927). 

Wisconsin tax law, as imposed on shares of a national bank, was 

in conflict with federal law prohibiting state taxation of such shares 

at rates in excess of those levied on moneyed capital employed in competition with the business of such banks and was therefore inoperative as to the shares of said banks. 

64. Accord: Minnesota v. First Nat’l Bank, 273 U.S. 561 (1927), holding inoperative for the same reason a Minnesota law taxing national bank 

shares.

65. Accord: Commercial Nat’l Bank v. Custer County, 275 U.S. 502 (1927), 

holding inoperative a similar Montana tax law. 

66. Accord: Keating v. Public Nat’l Bank, 284 U.S. 587 (1932), holding inoperative for the same reason a New York tax law. 

67. Montana Nat’l Bank v. Yellowstone County, 276 U.S. 479 (1928). 

Montana law which levied tax on national bank shares was inconsistent with federal law prohibiting levy on such shares as rates 

higher than those assessed on moneyed capital in hands of individual 

citizens.

68. Hunt v. United States, 278 U.S. 96 (1928). 

Arizona game laws were not enforceable in a national game preserve and could not be invoked to prevent the killing of wild deer 

therein as ordered by federal officers acting under authority conferred 

by federal law. 

69. International Shoe Co. v. Pinkus, 278 U.S. 261 (1929). 

Arkansas insolvency law was superseded by the Federal Bankruptcy Act to the extent that a creditor of one who invoked the state 

laws was entitled to have his claim paid by the state receiver in conformity with the order of distribution sanctioned by the federal law. 

Justices concurring: Butler, Holmes, Stone, Sanford, Van Devanter, Taft, 

C.J..

Justices dissenting: McReynolds, Brandeis, Sutherland. 

70. Nielsen v. Johnson, 279 U.S. 47 (1929). 

Iowa inheritance tax law discriminating against nonresident alien 

heirs was violative of a treaty with Denmark. 

2358 STATE AND LOCAL LAWS HELD PREEMPTED 

71. Carpenter v. Shaw, 280 U.S. 363 (1930). 

Oklahoma law which imposed a 3% tax on the gross value of royalties from oil and gas was void as a tax on the right reserved to Indians as owners and lessors of the fee when applied to Indians who had 

received allotments exempted under the Atoka agreement and leased 

by them for production of oil and gas (Art. VI). 

72. Lindgren v. United States, 281 U.S. 38 (1930). 

The right of action given under the Federal Merchant Marine Act 

to the personal representative to recover damages on behalf of beneficiaries for the death of a seaman resulting from negligence was exclusive and precluded a right of recovery by reason of 

unseaworthiness predicated upon the death statute of Virginia, where 

the injury was sustained. 

73. Baizley Iron Works v. Span, 281 U.S. 222 (1930). 

Pennsylvania Workmen’s Compensation Act could not be invoked 

to obtain recovery for injuries sustained by a workman while painting 

angle irons in the engine room of a ship tied to a pier in navigable 

waters; recovery was controlled exclusively by federal maritime law. 

Justices concurring: McReynolds, Sutherland, Butler, Van Devanter. 

Justices dissenting: Stone, Holmes, Brandeis. 

74. Accord: Employers’ Liability Assurance Co. v. Cook, 281 U.S. 233 (1930). 

Texas workman’s compensation law inapplicable for the same 

reason.

Justices concurring: McReynolds, Butler, Sutherland, Van Devanter, Stone 

(separately), Holmes (separately), Brandeis (separately). 

75. Santovincenzo v. Egan, 284 U.S. 30 (1931). 

New York law pertaining to the descent of property of an alien 

decedent was inoperative as to the property of an alien by reason of 

the conflicting provisions of a treaty negotiated with the nation to 

which the decedent owed allegiance. 

76. Van Huffel v. Harkelrode, 284 U.S. 225 (1931). 

Federal bankruptcy courts are empowered to sell the real estate 

of bankrupts free from liens for state taxes; lien laws of Ohio stipulating that the liens were to attach to the property were ineffective 

to prevent the federal court from transferring the liens from the property to the proceeds of the sale. 

77. Henkel v. Chicago, St. P., M. & O. Ry., 284 U.S. 444 (1932). 

Minnesota statute fixing amounts to be paid as compensation or 

in fees to expert witnesses could not be applied to determine costs in 

a federal court proceeding inasmuch as the statute was superseded by 

a federal enactment determining the fees to be paid witnesses. 

STATE AND LOCAL LAWS HELD PREEMPTED 2359

78. Murray v. Gerrick & Co., 291 U.S. 315 (1934). 

Washington Workman’s Compensation Act, adopted after the 

United States had acquired exclusive jurisdiction over a tract which 

became Puget Sound Navy Yard, could not be invoked by the widow 

and child of a worker fatally injured while working for a contractor 

in said Yard for the reason that Congress by law had consented only 

to the institution of suits by a personal representative under the 

Washington Wrongful Death Statute. 

79. Jennings v. United States Fidelity & Guaranty Co., 294 U.S. 216 (1935). 

Section of Indiana Bank Collection Code which purported to 

make the owners of paper which a bank had collected, but which it 

had not satisfied, preferred claimants in the event of the bank’s failure, regardless of whether the funds representing such paper could be 

traced or identified as part of the bank’s assets or intermingled with 

or converted into other assets of the bank, was inoperative as to a national bank by reason of conflict with applicable federal law. 

80. Accord: Old Company’s Lehigh v. Meeker Co., 294 U.S. 227 (1935), embracing a comparable New York statutory provision. 

81. Schuylkill Trust Co. v. Pennsylvania, 296 U.S. 113 (1935). 

Pennsylvania law which levied a tax on trust companies was in 

conflict with provisions of federal law proscribing discriminatory taxation of national bank shares by virtue of deductions allowed trust 

company for amounts represented by shares owned in Pennsylvania 

corporations already taxed or exempted, without any corresponding 

deduction on account of nontaxable federal securities owned or on account of national bank shares already taxed. 

Justices concurring: Roberts, Hughes, C.J., Van Devanter, Butler, 

McReynolds, Sutherland. 

Justices dissenting: Cardozo, Brandeis, Stone. 

82. Oklahoma v. Barnsdall Corp., 296 U.S. 521 (1936). 

Oklahoma law which levied a tax on the gross production of oil, 

as applied to oil produced by lessees of lands of Indian tribes, was not 

authorized by a federal law consenting to levy of a different tax, and 

hence was inoperative as a tax on a federal instrumentality. 

83. Lawrence v. Shaw, 300 U.S. 345 (1937). 

North Carolina property tax law could not be enforced so as to 

levy a tax on bank deposits made by petitioner as guardian of an incompetent veteran of World War I; by the terms of applicable federal 

law bank deposits which resulted from the receipt of federal veterans 

benefits payments were exempted from local taxation. 

2360 STATE AND LOCAL LAWS HELD PREEMPTED 

84. Hines v. Davidowitz, 312 U.S. 52 (1941). 

A Pennsylvania alien registration statute, imposing requirements 

at variance with those set forth in the Federal Alien Registration Act 

of 1940 containing a comprehensive scheme for the regulation of 

aliens, is rendered unenforceable by reason of conflict with federal 

legislative and treaty-making powers. 

Justices concurring: Roberts, Black, Reed, Frankfurter, Douglas, Murphy. 

Justices dissenting: Stone, Hughes, C.J., McReynolds. 

85. Federal Land Bank v. Bismarck Lumber Co., 314 U.S. 95 (1941). 

Inasmuch as the Federal Farm Loan Act exempts federal land 

banks from state taxes, other than those on property acquired in the 

course of dealings, the North Dakota sales tax cannot validly be collected on the sale of materials to a federal land bank to be used in 

improving real estate (Art. VI, cl. 2). 

86. Cloverleaf Butter Co. v. Patterson, 315 U.S. 148 (1942). 

Consistently with the national supremacy clause, federal laws 

and regulations relating to the entire process of manufacture of renovated butter supersede state laws whereunder Alabama officials inspected and seized packing stock butter acquired by a manufacturer 

of renovated butter for interstate commerce. 

Justices concurring: Roberts, Black, Reed, Douglas, Jackson. 

Justices dissenting: Stone, C.J., Frankfurter, Murphy, Byrnes. 

87. Tulee v. Washington, 315 U.S. 681 (1942). 

Being repugnant to the terms of a treaty concluded with the Yakima Indians reserving to the members of the tribe the right to take 

fish at all usual places in common with the citizens of Washington 

Territory, a Washington law requiring such Indians to pay license 

fees for the exercise of such privilege cannot be enforced. 

88. Pollock v. Williams, 322 U.S. 4 (1944). 

Florida Statute of 1941, sec. 817.09 and sec. 817.10, made it a 

misdemeanor to induce advances with intent to defraud by a promise 

to perform labor, and further made failure to perform labor for which 

money had been obtained prima facie evidence of intent to defraud. 

The statute is violative of the Thirteenth Amendment and the Federal 

Antipeonage Act for it cannot be said that a plea of guilty is 

uninfluenced by the statute’s threat to convict by its prima facie evidence section. 

Justices concurring: Roberts, Black, Frankfurter, Douglas, Murphy, Jackson, 

Rutledge.

Justices dissenting: Stone, C.J., Reed. 

STATE AND LOCAL LAWS HELD PREEMPTED 2361

89. Hill v. Florida ex rel. Watson, 325 U.S. 538 (1945). 

A Florida law providing that no one shall be licensed as a ‘‘business agent’’ of a labor union without meeting certain specified standards and that all labor unions in the State must file annual reports 

disclosing certain information and pay an annual fee circumscribes 

the ‘‘full freedom’’ to choose collective bargaining agents secured to 

employees by the National Labor Relations Act. 

Justices concurring: Stone, C.J., Black, Reed, Douglas, Murphy, Jackson, Rutledge.

Justices dissenting: Roberts, Frankfurter. 

90. First Iowa Hydro-Electric Coop. v. FPC, 328 U.S. 152 (1946). 

An Iowa statute requiring a permit for construction of a dam in 

navigable waters is preempted to the extent that it purports to authorize a state veto of a hydro-electric project licensed by the Federal 

Power Commission pursuant to the Federal Power Act. While the 

Federal Power Act authorizes the Commission to require a licensee to 

comply with requirements of state law that are not inconsistent with 

federal purposes, these federal purposes may not be subordinated to 

state control through operation of the state permitting requirement. 

Justices concurring: Burton, Stone, C.J., Black, Reed, Douglas, Murphy, Rutledge.

Justice dissenting: Frankfurter. 

91. Bethlehem Steel Co. v. New York Employment Relations Bd., 330 U.S. 

767 (1947). 

Where the National Labor Relations Board had asserted general 

jurisdiction over unions of foreman employed by industries subject to 

the National Labor Relations Act but had refused to certify such 

unions as collective bargaining representatives on the ground that to 

do so at the time would obstruct rather than further effectuation of 

the purposes of the Act, certification of such unions by the New York 

Employment Relations Board under a state act is invalid as in conflict 

with the National Labor Relations Act and the commerce clause of the 

Constitution.

92. Accord: Plankington Packing Co. v. WERB, 338 U.S. 953 (1950). 

A decision of the Wisconsin Supreme Court upholding a similar 

action by the Wisconsin Employment Relations Board is summarily 

reversed.

93. Rice v. Sante Fe Elevator Corp., 331 U.S. 218 (1947). 

By amendments of the United States Warehouse Act, Congress 

terminated the dual system of regulation and substituted an exclusive 

system of federal regulations of warehouses licensed under the federal 

act. Such warehouses therefore no longer need to obtain Illinois licenses or comply with Illinois laws regulating those phases of the 

2362 STATE AND LOCAL LAWS HELD PREEMPTED 

warehouse business which have been regulated under the federal act. 

Compliance with Illinois law is limited to those phases of the business 

which the federal act expressly subjects to state law. 

Justices concurring: Vinson, C.J., Black, Reed, Douglas, Murphy, Jackson, 

Burton.

Justices dissenting: Frankfurter, Rutledge. 

94. Seaboard Air Line R.R. v. Daniel, 333 U.S. 118 (1948). 

A South Carolina law providing that any railroad line within the 

State must be owned and operated only by state-created corporations 

may not be applied to prevent a Virginia corporation, so authorized 

by the Interstate Commerce Commission under § 5 of the Interstate 

Commerce Act, from owning and operating an entire railway system 

with mileage in South Carolina. 

95. Takahashi v. Fish & Game Comm’n, 334 U.S. 410 (1948). 

California’s requirement that every person bringing fish ashore in 

the State for sale obtain a commercial fishing license, but denying 

such a license to any person ineligible for citizenship, precluded a 

resident Japanese alien from earning his living as a commercial fisherman in the ocean waters off the State and was invalid both under 

the equal protection clause of the Fourteenth Amendment and under 

federal statutory law (42 U.S.C. § 1981). 

Justices concurring: Vinson, C.J., Black, Frankfurter, Douglas, Murphy, Rutledge, Burton. 

Justices dissenting: Reed, Jackson. 

96. La Crosse Tel. Corp. v. WERB, 336 U.S. 18 (1949). 

Certification by the state employment relations board under a 

Wisconsin labor relations act of a union as the collective bargaining 

representative of employees engaged in interstate commerce is invalid 

as in conflict with the National Labor Relations Act; the employer is 

onenvalid as applied to deny utility employees the right to strike. As 

applied, the law conflicts with the National Labor Relations Act. 

Justices concurring: Vinson, C.J., Black, Reed, Douglas, Jackson, Clark. 

Justices dissenting: Frankfurter, Burton, Minton. 

97. H. P. Hood & Sons v. Du Mond, 336 U.S. 525 (1949). 

Denial of a license under the New York Agricultural and Market 

Law violated the commerce clause of the Constitution and the Federal 

Agricultural Marketing Act where the denial was based on grounds 

that the expanded facilities would reduce the supply of milk for local 

markets and result in destructive competition in a market already 

adequately served. 

Justices concurring: Vinson, C.J., Reed, Douglas, Jackson, Burton. 

Justices dissenting: Black, Frankfurter, Murphy, Rutledge. 

STATE AND LOCAL LAWS HELD PREEMPTED 2363

98. Wissner v. Wissner, 338 U.S. 655 (1950). 

The California community property law could not be invoked to 

sustain an award to a deceased soldier’s widow of one-half of the proceeds of an insurance policy issued under the National Life Insurance 

Act; the federal law accords the insured soldier the right to designate 

his beneficiary, in this instance, his mother, and his widow, not having been designated, is expressly precluded from acquiring a vested 

right to these proceeds. 

99. New Jersey Ins. Co. v. Division of Tax Appeals, 338 U.S. 665 (1950). 

Collection by a New Jersey taxing district of a tax on intangible 

property of a stock insurance company, computed without deducting 

the principal amount of certain United States bonds and accrued interest thereon was invalid by reason of conflict with federal law exempting federal obligations from state and local taxation. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Burton, 

Clark, Minton. 

Justice dissenting: Black. 

100. United Automobile Workers v. O’Brien, 339 U.S. 454 (1950). 

The strike vote provision of the Michigan Mediation Law, which 

prohibits the calling of a strike unless a state-prescribed procedure for 

mediation is followed and unless a majority of the employees in a 

state-defined bargaining unit authorizes the strike, conflicts with the 

National Labor Relations Act and is invalid. 

101. Bus Employees v. WERB, 340 U.S. 383 (1951). 

The Wisconsin Public Utility Anti-Strike Law, which substituted 

arbitration upon order of the Wisconsin Employment Relations Board 

for collective bargaining whenever an impasse is reached in the bargaining process, is invalid as applied to deny utility employees the 

right to strike. As applied, the law conflicts with the National Labor 

Relations Act. 

Justices concurring: Vinson, C.J., Black, Reed, Douglas, Jackson, Clark. 

Justices dissenting: Frankfurter, Burton, Minton. 

102. Carson v. Roane-Anderson Co., 342 U.S. 232 (1952). 

Tennessee Retailers’ Sales Tax Act could not be enforced as to 

sales of commodities to a contractor employed by the Atomic Energy 

Commission; the contractor’s activities were those of the Commission 

and exempt under federal law. 

103. Accord: General Electric Co. v. Washington, 347 U.S. 909 (1954), embracing exemption of a similar contractor from Washington business 

and occupation tax law. 

2364 STATE AND LOCAL LAWS HELD PREEMPTED 

104. Dameron v. Brodhead, 345 U.S. 322 (1953). 

Where a serviceman domiciled in one State is assigned to military duty in another State, the latter state (here Colorado) is barred 

by § 514 of the Soldiers and Sailor’s Civil Relief Act of 1940 from imposing a tax on his tangible personal property temporarily located 

within its borders, even when the State of his domicile has not taxed 

such property. 

Justices concurring: Vinson, C.J., Reed, Frankfurter, Jackson, Burton, 

Clark, Minton. 

Justices dissenting: Black, Douglas. 

105. Franklin Nat’l Bank v. New York, 347 U.S. 373 (1954). 

Insofar as the New York Banking Law forbids national banks to 

use the word ‘‘saving’’ or ‘‘savings in their business or advertising,’’ 

it conflicts with federal laws expressly authorizing national banks to 

receive deposits and to exercise incidental powers and is void. 

Justices concurring: Warren, C.J., Black, Frankfurter, Douglas, Jackson, Burton, Clark, Minton. 

Justice dissenting: Reed. 

106. Castle v. Hayes Freight Lines, 348 U.S. 61 (1954). 

An Illinois law providing for a 90-day suspension of a motor carrier upon a finding of 10 or more violations of regulations calling for 

a balanced distribution of freight loads in relation to the truck’s axles 

cannot be applied to an interstate motor carrier holding a certificate 

of convenience and necessity issued by the Interstate Commerce Commission under the Federal Motor Carrier Act. A State may not suspend the carrier’s rights to use the State’s highways in its interstate 

operations. The Illinois law, as applied to such carrier, also violates 

the commerce clause. 

107. Pennsylvania v. Nelson, 350 U.S. 497 (1956). 

The Smith Act, as amended, 18 U.S.C. § 2385, which prohibits 

the knowing advocacy of the overthrow of the Government of the 

United States by force and violence, supersedes the enforceability of 

the Pennsylvania Sedition Act, which proscribes the same conduct. 

The scheme of federal regulation is so pervasive as to make reasonable the inference that the Congress left no room for the States to 

supplement it--enforcement of state sedition acts presents a serious 

danger of conflict with the administration of the federal program. 

Justices concurring: Warren, C.J., Black, Frankfurter, Douglas, Clark, Harlan.

Justices dissenting: Reed, Burton, Minton. 

108. Railway Employees’ Dep’t v. Hanson, 351 U.S. 225 (1956). 

A ‘‘right to work’’ provision of the Nebraska Constitution cannot 

be invoked to invalidate a ‘‘union shop’’ agreement between an interVerDate Aug<04>2004 12:59 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00018 Fmt 8222 Sfmt 8222 C:\CONAN\CON066.SGM PRFM99 PsN: CON066
STATE AND LOCAL LAWS HELD PREEMPTED 2365

state railroad and unions of its employees for the reason that such 

‘‘union shop’’ agreement is expressly authorized by § 2(11) of the Railway Labor Act. 

109. Leslie Miller, Inc. v. Arkansas, 352 U.S. 187 (1956). 

An Arkansas statute requiring licensing of contractors cannot be 

applied to a federal contractor operating pursuant to a contract issued 

under authority of the Armed Services Procurement Act of 1947. 

110. Guss v. Utah Labor Bd., 353 U.S. 1 (1957). 

The Utah Labor Board, acting pursuant to Utah law, may not exercise jurisdiction over a labor dispute involving an employer engaged 

in interstate commerce if the NLRB declined to exercise jurisdiction 

and had not ceded jurisdiction to the state board pursuant to § 10(a) 

of the National Labor Relations Act. 

Justices concurring: Warren, C.J., Black, Frankfurter, Douglas, Harlan, Brennan.

Justices dissenting: Burton, Clark. 

111. Public Util. Comm’n v. United States, 355 U.S. 534 (1958). 

A California statute making contingent upon prior approval by its 

Public Utilities Commission of the Federal Government’s practice, 

sanctioned by federal procurement law, of negotiating special rates 

with carriers for the transportation of federal property in California 

is void as conflicting with the federal practices. 

Justices concurring: Black, Frankfurter, Douglas, Clark, Brennan, Whittaker.

Justices dissenting: Warren, C.J., Burton, Harlan. 

112. City of Chicago v. Atchison, T. & S.F. Ry., 357 U.S. 77 (1958). 

As applied to a newly organized motor carrier hired by interstate 

railroads operating in and out of Chicago to transfer interstate passengers and their baggage between different railway terminals in that 

City, the provision in the Chicago Municipal Code requiring any new 

transfer service to obtain a certificate of convenience and necessity 

plus approval of the City Council is unconstitutional. Chicago has no 

power to decide whether the new motor carrier can operate a service 

which is an integral part of interstate railway transportation subject 

to regulations under the Federal Interstate Commerce Act. 

Justices concurring: Warren, C.J., Black, Douglas, Clark, Brennan, Whittaker.

Justices dissenting: Frankfurter, Burton, Harlan. 

113. Teamsters Union v. Oliver, 358 U.S. 283 (1959). 

An Ohio antitrust law cannot be invoked to prohibit enforcement 

of a collective bargaining agreement between a group of interstate 

motor carriers and local labor unions, which agreement stipulates 

2366 STATE AND LOCAL LAWS HELD PREEMPTED 

that truck drivers owning and driving their own vehicles shall be paid 

the prescribed wages plus at least a prescribed minimum rental for 

the use of their vehicles. The state antitrust law, insofar as it is applied to prevent contracting parties from enforcing agreement upon a 

subject matter as to which the National Labor Relations Act directs 

them to bargain, is invalid. 

Justices concurring: Black, Douglas, Clark, Harlan, Brennan. 

Justice dissenting: Whittaker. 

114. San Diego Building Trades Council v. Garmon, 359 U.S. 236 (1959). 

The failure of the NLRB to assume jurisdiction does not leave 

California free to apply its laws defining torts and regulating labor 

relations for purposes of awarding damages to an employer for economic injuries resulting from the picketing of his plant by labor 

unions not selected by his employees as their bargaining agent. Since 

the employer is engaged in interstate commerce, California laws cannot be applied to matters falling within the compass of the National 

Labor Relations Act. 

Justices concurring: Harlan, Clark, Whittaker, Stewart (separately). 

115. Accord: DeVries v. Baumgartner’s Electric Co., 359 U.S. 498 (1959), as 

to a South Dakota law. 

Justices concurring: Frankfurter, Brennan, Warren, C.J., Black, Douglas. 

Justices dissenting: Clark, Harlan, Whittaker, Stewart. 

116. Accord: Superior Court v. Washington ex rel. Yellow Cab, 361 U.S. 373 

(1960), as to a Washington law. 

117. Accord: Bogle v. Jakes Foundry Co., 362 U.S. 401 (1960), as to a Tennessee law. 

118. Accord: McMahon v. Milam Mfg. Co., 368 U.S. 7 (1961), as to a Mississippi law. 

119. Accord: Marine Engineers v. Interlake Co., 370 U.S. 173 (1962), as to 

a Minnesota law. 

120. Accord: Waxman v. Virginia, 371 U.S. 4 (1962), as to a Virginia law 

prohibiting picketing by non-employees. 

121. Accord: Construction Laborers v. Curry, 371 U.S. 542 (1963), involving 

enjoinder of picketing as violating Georgia right-to-work law. 

Justice concurring: Harlan (separately). 

122. Accord: Journeymen Plumbers’ Union v. Borden, 373 U.S. 690 (1962), 

as to a Texas law. 

Justices concurring: Harlan, Warren, C.J., Brennan, Black, Stewart, White. 

Justices dissenting: Douglas, Clark. 

STATE AND LOCAL LAWS HELD PREEMPTED 2367

123. Accord: Iron Workers v. Perko, 373 U.S. 701 (1963), as to an Ohio law. 

Justices concurring: Harlan, Warren, C.J., White, Brennan, Stewart, Black. 

Justices dissenting: Douglas, Clark. 

124. Boynton v. Virginia, 364 U.S. 454 (1960). 

A Virginia statute making it a misdemeanor for any person to remain on the premises of another after having been forbidden to do so 

could not be enforced against a Negro for refusing to leave the section 

reserved for white people in a restaurant in a bus terminal by reason 

of conflict with provision of Interstate Commerce Act forbidding interstate motor vehicle bus carriers from subjecting persons to unjust discrimination.

Justices concurring: Black, Douglas, Warren, C.J., Brennan, Stewart, Frankfurter, Harlan. 

Justices dissenting: Whittaker, Clark. 

125. United States v. Oregon, 366 U.S. 643 (1961). 

Oregon escheat law could not be applied to support State’s claim 

to property of a resident who died without a will or heirs in a Veterans’ Hospital in Oregon; the United States has asserted title thereto 

under a superseding federal law. 

Justices concurring: Black, Warren, C.J., Brennan, Stewart, Frankfurter, Harlan, Clark. 

Justices dissenting: Douglas, Whittaker. 

126. United States v. Shimer, 367 U.S. 374 (1961). 

Pennsylvania Deficiency Judgment Act had been displaced by applicable provisions of the Federal Servicemen’s Readjustment Act of 

1944, and regulations issued thereunder, and could not be invoked to 

bar suit by the Veterans’ Administration against a veteran to recover 

the indemnity for a defaulted home loan which it had guaranteed and 

which had been foreclosed by the lender. 

Justices concurring: Harlan, Brennan, Stewart, Warren, C.J., Clark, Whittaker, Frankfurter. 

Justices dissenting: Black, Douglas. 

127. Federal Land Bank v. Kiowa County, 368 U.S. 146 (1961). 

A Kansas statute declaring that oil and gas leases and the royalties derived therefrom were taxable as personal property could not be 

applied to subject to local taxation an oil and gas lease and income 

therefrom derived by a Federal Land Bank from property acquired in 

satisfaction of a debt; under supervening federal law such Land 

Banks were exempted from all taxes ‘‘except taxes on real estate.’’ 

Justice concurring specially: Black. 

2368 STATE AND LOCAL LAWS HELD PREEMPTED 

128. United States v. Union Central Life Ins. Co., 368 U.S. 291 (1961). 

Michigan law regulating the manner in which a federal tax lien 

must be recorded was in conflict with applicable provisions of the Internal Revenue Code and therefore was ineffective for purposes of 

withholding priority to the Government’s lien. 

Justices concurring: Black, Frankfurter, Brennan, Warren, C.J., Clark, Stewart, Whittaker, Harlan. 

Justice dissenting: Douglas. 

129. Campbell v. Hussey, 368 U.S. 297 (1961). 

Congress having preempted the field by enactment of the Federal 

Tobacco Inspection Act establishing uniform standards for classification of tobacco, a Georgia law which required Type 14 tobacco grown 

in Georgia to be identified with a white tag could not be enforced. 

Justices concurring: Douglas, Whittaker (separately), Warren, C.J., Brennan, Stewart, Clark. 

Justices dissenting: Black, Frankfurter, Harlan. 

130. Free v. Bland, 369 U.S. 663 (1962). 

Treasury regulations creating a right of survivorship in United 

States Savings Bonds preempted application of conflicting provisions 

of Texas Community Property Law which prohibited a married couple 

from taking advantage of such survivorship regulations whenever the 

purchase price of said bonds was paid out of community property. 

131. State Bd. of Ins. v. Todd Shipyards, 370 U.S. 451 (1962). 

A Texas law imposing a premium tax on insured parties who purchased insurance from insurers not licensed to sell insurance in Texas 

could not be collected, consistently with the Federal McCarran-Ferguson Act, on insurance contracts purchased in New York from a London insurer by the terms of which premiums thereon and claims 

thereunder were payable in New York. 

Justices concurring: Douglas, Brennan, Warren, C.J., Stewart, Harlan, 

Clark.

Justice dissenting: Black. 

132. Lassiter v. United States, 371 U.S. 10 (1962). 

Louisiana laws which segregated passengers in terminal facilities 

of common carriers were unconstitutional by reason of conflict with 

federal law and the equal protection clause. 

133. United States v. Buffalo Savings Bank, 371 U.S. 228 (1963). 

A New York law which provided that payments out of proceeds 

of a foreclosure of property to discharge state tax liens should be 

deemed ‘‘expenses’’ of the mortgage foreclosure sale was ineffective to 

defeat priority accorded by federal law to federal tax liens antedating 

liens for state and local real property taxes and assessments. 

STATE AND LOCAL LAWS HELD PREEMPTED 2369

Justices concurring: Warren, C.J., Black, Brennan, Stewart, Goldberg, Harlan, Clark, White. 

Justice dissenting: Douglas. 

134. Paul v. United States, 371 U.S. 245 (1963). 

A California statute which authorized the fixing of minimum 

wholesale and retail prices for milk could not be enforced as to purchases of milk for military consumption or for resale at commissaries 

at federal military installations in California; conflicting federal statutes and regulations governing procurement with appropriated funds 

of goods for the Armed Forces required competitive bidding or negotiation reflecting active competition which would be nullified by minimum prices determined by factors not specified in federal law. 

Justices concurring: Douglas, Black, Warren, C.J., White, Brennan, Clark. 

Justices dissenting: Stewart, Harlan, Goldberg. 

135. Michigan Nat’l Bank v. Robertson, 372 U.S. 591 (1963). 

Suability of an out-of-state national bank in courts of Nebraska 

is determined by applicable provisions of the federal banking laws 

and not by recourse to a Nebraska statute defining the venue of local 

actions involving liability under the Nebraska Installment Loan Act. 

Justices concurring: Black (separately), Douglas (separately). 

136. Accord: Mercantile Nat’l Bank v. Langdeau, 371 U.S. 555 (1963), as to 

venue in Texas. 

Justices concurring: White, Stewart, Brennan, Warren, C.J., Goldberg. 

Justices dissenting: Harlan, Douglas, Black. 

137. Sperry v. Florida ex rel. Florida Bar, 373 U.S. 379 (1963). 

A Florida law regulating admission to the Bar could not be enforced, consistently with the principle of national supremacy, to prevent a person admitted to practice before the United States Patent 

Office as a Patent Attorney from serving clients in the latter capacity 

in Florida. 

138. Bus Employees v. Missouri, 374 U.S. 74 (1963). 

Missouri’s King-Thompson Act, which authorized the governor to 

seize and operate a public utility when the public welfare was jeopardized by a strike threat, was inconsistent with 29 U.S.C. § 157 of 

the National Labor Relations Act defining the rights of employees as 

to collective bargaining and, consistently with national supremacy, 

could not be enforced. 

139. Corbett v. Stergios, 381 U.S. 124 (1965). 

Iowa’s reciprocal inheritance law conditioning the right of nonresident aliens to take Iowa real property by intestate succession 

upon existence of a reciprocal right of United States citizens to take 

2370 STATE AND LOCAL LAWS HELD PREEMPTED 

real property upon same terms and conditions in alien’s country could 

not under United States-Greece treaty and supremacy clause bar 

Greek national from inheriting property. 

140. Nash v. Florida Industrial Comm’n, 389 U.S. 235 (1967). 

Florida unemployment compensation law disqualifying for benefits any person unemployed as a result of a labor dispute when applied to disqualify a person who has filed an unfair labor practice 

charge against her employer because of her discharge conflicts with 

federal labor law and is void under supremacy clause. 

141. Rosado v. Wyman, 397 U.S. 397 (1970). 

A New York statute changing levels of benefits and deleting 

items to be included in levels of benefit which reduced moneys to recipients conflicted with federal law which required States to adjust 

upward in terms of increases costs of living amounts deemed necessary for subsistence. 

Justices concurring: Harlan, Douglas, Brennan, Stewart, White, Marshall. 

Justices dissenting: Black, Burger, C.J.. 

142. Lewis v. Martin, 397 U.S. 552 (1970). 

A California statute reducing the amount of dependent children 

funds going to any household by the amount of funds imputed to presence of a ‘‘man-in-the-house’’ who was not legally obligated to support 

the child or children conflicts with federal law as interpreted by valid 

HEW regulations. 

Justices concurring: Douglas, Harlan, Brennan, Stewart, White, Marshall. 

Justices dissenting: Burger, C.J., Black. 

143. California Dep’t of Human Resources Dev. v. Java, 402 U.S. 121 

(1971).

A California statute providing for suspension of unemployment 

compensation if the former employer appeals an eligibility decision of 

a departmental examiner, the suspension to last until decision of the 

appeal, conflicts with the federal act’s requirement that compensation 

must be paid when due. 

144. Perez v. Campbell, 402 U.S. 637 (1971). 

An Arizona statute providing that a discharge in bankruptcy 

shall not operate to relieve a judgment creditor under the Motor Vehicle Safety Responsibility Act of any obligation under the Act conflicts 

with the provision of the federal bankruptcy law which discharges a 

debtor of all but specified judgments. 

145. Townsend v. Swank, 404 U.S. 282 (1971). 

An Illinois statute and implementing regulations which made 

needy dependent children 18 through 20 years old eligible for welfare 

STATE AND LOCAL LAWS HELD PREEMPTED 2371

benefits if they were attending high school or vocational training 

school but not if they were attending college or university conflicts 

with federal social security law. 

146. Sterrett v. Mothers’ & Children’s Rights Org., 409 U.S. 809 (1972). 

A district court decision holding invalid as in conflict with the 

federal Social Security Act an Indiana statute denying benefits to persons aged 16 to 18 who are eligible but for the fact that they are not 

regularly attending school is summarily affirmed. 

147. Philpott v. Welfare Board, 409 U.S. 413 (1973). 

A New Jersey statute providing for recovery by the State of reimbursement for financial assistance when the recipient subsequently 

obtains funds cannot be applied to obtain reimbursement out of federal disability insurance benefits inasmuch as federal law bars subjecting such funds to any legal process. 

148. City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973). 

A Burbank, California ordinance placing an 11 p.m. to 7 a.m. curfew on jet take-offs from its local airport is invalid as in conflict with 

the regulatory scheme of federal statutory control. 

Justices concurring: Douglas, Brennan, Blackmun, Powell, Burger, C.J.. 

Justices dissenting: Rehnquist, Stewart, White, Marshall. 

149. Department of Game v. Puyallup Tribe, 414 U.S. 44 (1973). 

A Washington State statute construed to prohibit net fishing by 

members of the Tribe conflicts with the Tribe’s treaty rights and is 

invalid.

150. Beasley v. Food Fair, 416 U.S. 653 (1974). 

North Carolina’s right-to-work law giving employees discharged 

by reason of union membership a cause of action against their employer cannot be applied to supervisors in view of 29 U.S.C. § 164(a), 

which provides that no law should compel an employer to treat a supervisor as an employee. 

151. Letter Carriers v. Austin, 418 U.S. 264 (1974). 

Virginia statute creating cause of action for ‘‘insulting words’’ as 

construed to permit recovery for use in labor dispute of words ‘‘scab’’ 

and similar words is preempted by federal labor law. 

Justices concurring: Marshall, Brennan, Stewart, White, Blackmun. 

Justice concurring specially: Douglas. 

Justices dissenting: Powell, Rehnquist, Burger, C.J.. 

152. Moe v. Confederated Salish and Kootenai Tribes, 425 U.S. 463 (1976). 

Montana laws imposing personal property taxes, vendor license 

fees, and a cigarette sales tax may not constitutionally be applied to 

reservation Indians under supremacy clause because federal statutory 

law precludes such application. 

2372 STATE AND LOCAL LAWS HELD PREEMPTED 

153. Kleppe v. New Mexico, 426 U.S. 529 (1976). 

A New Mexico law providing for the roundup and sale by a state 

agency of ‘‘estrays’’ cannot under the supremacy clause be constitutionally applied to unbranded and unclaimed horses and burros on 

public lands of the United States that are protected by federal law. 

154. Machinists & Aerospace Workers v. WERC, 427 U.S. 132 (1976). 

A Wisconsin statute proscribing concerted efforts by employees to 

interfere with production, except through actual strikes, cannot under 

the supremacy clause be constitutionally applied to union members’ 

concerted refusal to work overtime during negotiations for renewal of 

an expired contract since such conduct was intended by Congress to 

be regulable by neither the States nor the NLRB. 

Justices concurring: Brennan, White, Marshall, Blackmun, Power, Burger, 

C.J..

Justices dissenting: Stevens, Stewart, Rehnquist. 

155. Jones v. Rath Packing Co., 430 U.S. 519 (1977). 

California’s statutory imposition of weight requirements in packaging for sale of bacon and flour which did not allow for loss of weight 

resulting from moisture loss during distribution while the applicable 

federal law does is invalid (1) as to bacon because of express federal 

law and (2) as to flour because adherence to state law would defeat 

a purpose of the federal law. 

Justices concurring: Marshall, Brennan, White, Blackmun, Powell, Stevens, 

Burger, C.J.. 

Justices dissenting: Rehnquist, Stewart as to flour. 

156. Douglas v. Seacoast Products, 431 U.S. 265 (1977). 

A Virginia statute prohibiting nonresidents from fishing within 

certain state waters is preempted by federal enrollment and licensing 

laws that grant an affirmative right to fish in coastal waters. 

157. Dothard v. Rawlinson, 433 U.S. 321 (1977). 

Alabama statutory height and weight requirements for prison 

guards have an impermissible discriminatory effect upon women, and 

under the supremacy clause must yield to the federal fair employment 

law.

Justices concurring: Stewart, Brennan, Marshall, Blackmun, Powell, 

Rehnquist, Stevens, Burger, C.J.. 

Justice dissenting: White. 

158. Maher v. Buckner, 434 U.S. 898 (1977). 

A Connecticut statutory rule rendering ineligible for welfare benefits individuals who have transferred assets within seven years of 

applying for benefits unless they can prove the transfer was made for 

‘‘reasonable consideration’’ is inconsistent with the Social Security Act 

and therefore void. 

STATE AND LOCAL LAWS HELD PREEMPTED 2373

159. Ray v. Atlantic Richfield Co., 435 U.S. 151 (1978). 

Certain provisions of a Washington statute imposing design or 

safety standards on oil tankers using state waters and banning operation in those waters of tankers exceeding certain weights, as well as 

certain pilotage requirements, are invalid as conflicting with federal 

law.

Justices concurring: Ginsburg, Kennedy, Souter, Breyer, Rehnquist, C.J.. 

Justices concurring specially: O’Connor, Thomas. 

Justice dissenting: Stevens. 

160. Hisquierdo v. Hisquierdo, 439 U.S. 572 (1979). 

California community property statute, under which property acquired during the marriage by either spouse belongs to both, may not 

be applied to award a divorced spouse an interest in the other 

spouse’s pension benefits under the Railroad Retirement Act, because 

the Act precludes subjecting benefits to any legal process to deprive 

recipients.

Justices concurring: Blackmun, Brennan, White, Marshall, Powell, Stevens, 

Burger, C.J.. 

Justices dissenting: Stewart, Rehnquist. 

161. Miller v. Youakim, 440 U.S. 125 (1979). 

An Illinois law differentiating between children who reside in foster homes with relatives and those who do not reside with relatives 

and giving the latter greater benefits than the former conflicts with 

federal law, which requires the same benefits be provided regardless 

of whether the foster home is operated by a relative. 

162. Arizona Pub. Serv. Co. v. Snead, 441 U.S. 141 (1979). 

Arizona’s imposition of tax upon electricity produced in State and 

sold outside the State, which is not offset against other taxes as is 

the case with electricity sold within State, violates federal statute prohibiting any State from taxing the generation or transmission of electricity in a manner that discriminates against out-of-state consumers, 

and thus is unenforceable. 

163. California Retail Liquor Dealers Ass’n v. Midcal Aluminum, 445 U.S. 

97 (1980). 

A California statute requiring all wine producers and wholesalers 

to file fair trade contracts or price schedules with the State and to 

follow the price lists is a resale price maintenance scheme that violates the Sherman Act. 

164. Ventura County v. Gulf Oil Corp., 445 U.S. 947 (1980). 

Ventura County, California zoning ordinances governing oil exploration and extraction activities cannot be applied to a company 

which holds a lease from the United States Government because federal law preempts the field. 

2374 STATE AND LOCAL LAWS HELD PREEMPTED 

165. Washington v. Confederated Tribes, 447 U.S. 134 (1980). 

Imposition of a Washington state motor vehicle excise tax and 

mobile home, camper, and trailer taxes on vehicles owned by the 

Tribe or its members and used both on and off the reservation violates federal law and cannot stand under the supremacy clause. 

Justices concurring: White, Brennan, Marshall, Blackmun, Powell, Stevens, 

Burger, C.J.. 

Justices dissenting: Stewart, Rehnquist. 

166. White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980). 

Imposition of Arizona’s motor carrier license tax and use fuel tax 

on a non-Indian enterprise authorized to do business in Arizona but 

operating entirely on reservation conflicts with federal law and cannot 

stand under the supremacy clause. 

Justices concurring: Marshall, Brennan, White, Blackmun, Powell, Burger, 

C.J..

Justices dissenting: Stevens, Stewart, Rehnquist. 

167. Central Machinery Co. v. Arizona State Tax Comm’n, 448 U.S. 160 

(1980).

Arizona’s imposition of tax upon on-reservation sale of farm machinery to Indian tribe by non-Indian, off-reservation enterprise conflicts with federal law and is invalid under the supremacy clause. 

Justices concurring: Marshall, Brennan, White, Blackmun, Burger, C.J.. 

Justices dissenting: Stewart, Powell, Rehnquist, Stevens. 

168. Chicago & North Western Transp. Co. v. Kalo Brick & Tile Co., 450 

U.S. 311 (1981). 

An Iowa statute subjecting to damages a common carrier who 

abandons service and thereby injures shippers is preempted by the 

Interstate Commerce Act, which empowers the ICC to approve cessation of service on branch lines upon carrier petitions. 

169. Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504 (1981). 

A New Jersey workmen’s compensation provision denying employers the right to reduce retiree’s pension benefits by the amount 

of a compensation award under the act is preempted by federal pension regulation law. 

170. Maryland v. Louisiana, 451 U.S. 725 (1981). 

Louisiana’s ‘‘first-use tax’’ statute which, because of exceptions 

and credits, imposes a tax only on natural gas moving out-of-state, 

impermissibly discriminates against interstate commerce, and another provision that required pipeline companies to allocate cost of 

the tax to the ultimate consumer is preempted by federal law. 

STATE AND LOCAL LAWS HELD PREEMPTED 2375

171. McCarty v. McCarty, 453 U.S. 210 (1981). 

California community property statute, to the extent it treated 

retired pay of Army officers as property divisible between spouses on 

divorce, is preempted by federal law. 

Justices concurring: Blackmun, White, Marshall, Powell, Stevens, Burger, 

C.J..

Justices dissenting: Rehnquist, Brennan, Stewart. 

172. Agsalud v. Standard Oil Co., 454 U.S. 801 (1981). 

A court of appeals decision holding preempted by federal pension 

law Hawaii law requiring employers to provide their employees with 

a comprehensive prepaid health care plan is summarily affirmed. 

173. Blum v. Bacon, 457 U.S. 132 (1982). 

A provision of New York’s emergency assistance program precluding assistance to persons receiving AFDC to replace a lost or stolen AFDC grant is contrary to valid federal regulations proscribing inequitable treatment under the emergency assistance program. 

174. Fidelity Fed. S. & L. v. De la Cuesta, 458 U.S. 141 (1982). 

California’s prohibition on unreasonable restraints on alienation, 

construed to prohibit ‘‘due-on-sale’’ clauses in mortgage contracts, is 

preempted by Federal Home Loan Bank Board regulations permitting 

federal savings and loan associations to include such clauses in their 

contracts.

Justices concurring: Blackmun, Brennan, White, Marshall, O’Connor, Burger, 

C.J..

Justices dissenting: Rehnquist, Stevens. 

175. Ramah Navajo School Bd. v. Bureau of Revenue, 458 U.S. 832 (1982). 

A New Mexico tax imposed on the gross receipts that a non-Indian construction company received from a tribal school board for construction of a school for Indian children on reservation is preempted 

by federal law. 

Justices concurring: Marshall, Brennan, Blackmun, Powell, O’Connor, Burger, 

C.J..

Justices dissenting: Rehnquist, White, Stevens. 

176. Memphis Bank & Trust Co. v. Garner, 459 U.S. 392 (1983). 

A Tennessee tax on the net earnings of banks, applied to interest 

earned on obligations of the United States, is void as conflicting with 

31 U.S.C. § 3124. 

177. Busbee v. Georgia, 459 U.S. 1166 (1983). 

A federal district court decision that Georgia’s congressional redistricting plan is invalid as having a racially discriminatory purpose 

in conflict with the Voting Rights Act is summarily affirmed. 

2376 STATE AND LOCAL LAWS HELD PREEMPTED 

178. Pennsylvania Public Utility Comm’n v. CONRAIL, 461 U.S. 912 (1983). 

A federal district court decision holding that federal statutes (the 

Federal Railroad Safety Act and the locomotive boiler inspection laws) 

preempt a Pennsylvania law requiring locomotives to maintain speed 

records and indicators, summarily affirmed by an appeals court, is 

summarily affirmed. 

179. Exxon Corp. v. Eagerton, 462 U.S. 176 (1983). 

Prohibition on pass-through to consumers of an increase in Alabama’s oil and gas severance tax is invalid as conflicting with the 

Natural Gas Act to the extent that it applies to sales of gas in interstate commerce. 

180. Philco Aviation v. Shacket, 462 U.S. 406 (1983). 

An Illinois statute recognizing the validity of an unrecorded, oral 

sale of an aircraft is preempted by the Federal Aviation Act’s provision that unrecorded ‘‘instruments’’ of transfer are invalid. 

181. Shaw v. Delta Air Lines, 463 U.S. 85 (1983). 

The New York Human Rights Law is preempted by ERISA to the 

extent that it prohibits practices that are lawful under the federal 

law.

182. American Bank & Trust Co. v. Dallas County, 463 U.S. 855 (1983). 

A Texas property tax on bank shares, computed on the basis of 

a bank’s net assets without any deduction for the value of United 

States obligations held by the bank, is invalid as conflicting with Rev. 

Stat. § 3701 (31 U.S.C. § 3124). 

Justices concurring: Blackmun, Brennan, White, Marshall, Powell, Burger, 

C.J..

Justices dissenting: Rehnquist, Stevens. 

183. Arcudi v. Stone & Webster Engineering, 463 U.S. 1220 (1983). 

An appeals court holding that a Connecticut statute requiring 

employers to provide health and life insurance to former employees 

is preempted by ERISA as related to an employee benefit plan, is 

summarily affirmed. 

184. Aloha Airlines v. Director of Taxation, 464 U.S. 7 (1983). 

A Hawaii ‘‘property tax’’ on the gross income of airlines operating 

within the State is preempted by a federal prohibition on state taxes 

on carriage of air passengers ‘‘or on the gross receipts derived therefrom.’’

185. Southland Corp. v. Keating, 465 U.S. 1 (1984). 

California’s franchise law, requiring judicial resolution of certain 

claims, is preempted by the United States Arbitration Act, which precludes judicial resolution in state or federal courts of claims that contracting parties agree to submit to arbitration. 

STATE AND LOCAL LAWS HELD PREEMPTED 2377

Justices concurring: Burger, C.J., Brennan, Marshall, Blackmun, Powell. 

Justice concurring in part and dissenting in part: Stevens. 

Justices dissenting: O’Connor, Rehnquist. 

186. Texas v. KVUE-TV, 465 U.S. 1092 (1984). 

An appeals court holding that a Texas statute regulating the 

broadcast of political advertisements is preempted by the Federal 

Election Campaign Act of 1971 to the extent that it imposes sponsorship identification requirements on advertising for candidates for federal office, and to the extent that it conflicts with federal regulation 

of political advertising rates, is summarily affirmed. 

187. Michigan Canners & Freezers Ass’n v. Agricultural Marketing and Bargaining Bd., 467 U.S. 461 (1984). 

A Michigan statute making agricultural producers’ associations 

the exclusive bargaining agents and requiring payment of service fees 

by non-member producers is preempted as conflicting with federal 

policy of the Agricultural Fair Practices Act of 1967, protecting the 

right of farmers to join or not join such associations. 

188. Capital Cities Cable v. Crisp, 467 U.S. 691 (1984). 

The Oklahoma Constitution’s general ban on advertising of alcoholic beverages, as applied to out-of-state cable television signals carried by in-state operators, is preempted by federal regulations implementing the Communications Act. 

189. Lawrence County v. Lead-Deadwood School Dist., 469 U.S. 256 (1985). 

A South Dakota statute requiring local governments to distribute 

federal payments in lieu of taxes in the same manner that they distribute general tax revenues conflicts with the Payment in Lieu of 

Taxes Act, which provides that the recipient local government may 

use the payment for any governmental purpose. 

Justices concurring: White, Brennan, Marshall, Blackmun, Powell, O’Connor, Burger, C.J.. 

Justices dissenting: Rehnquist, Stevens. 

190. Gerace v. Grocery Mfrs. of America, 474 U.S. 801 (1985). 

An appeals court decision holding that federal laws (the Food, 

Drug, and Cosmetic Act; the Meat Inspection Act; and the Poultry 

Products Act) preempt a New York requirement that cheese alternatives be labeled ‘‘imitation’’ is summarily affirmed. 

191. Wisconsin Dep’t of Industry v. Gould, Inc., 475 U.S. 282 (1986). 

A Wisconsin statute debarring from doing business with the state 

persons or firms guilty of repeat violations of the National Labor Relations Act is preempted by that Act. 

2378 STATE AND LOCAL LAWS HELD PREEMPTED 

192. Exxon Corp. v. Hunt, 475 U.S. 355 (1986). 

A New Jersey statute creating an oil spill compensation fund is 

preempted by the Comprehensive Environmental Response, Compensation, and Liability Act to the extent that the state fund is used 

to finance cleanup activities at sites listed in the National Contingency Plan. 

Justices concurring: Marshall, Brennan, White, Blackmun, Rehnquist, O’Connor, Burger, C.J.. 

Justice dissenting: Stevens. 

193. Three Affiliated Tribes v. Wold Engineering, 476 U.S. 877 (1986). 

A North Dakota statute disclaiming jurisdiction over actions 

brought by tribal Indians suing non-Indians in state courts over 

claims arising in Indian country is preempted by federal Indian law 

(Pub. L. 280). 

Justices concurring: O’Connor, White, Marshall, Blackmun, Powell, Burger, 

C.J..

Justices dissenting: Rehnquist, Brennan, Stevens. 

194. Offshore Logistics v. Tallentire, 477 U.S. 207 (1986). 

Louisiana’s wrongful death statute is preempted by the Death on 

the High Seas Act as applied to a helicopter crash 35 miles off shore. 

Justices concurring: O’Connor, White, Blackmun, Rehnquist, Burger, C.J.. 

Justices dissenting: Powell, Brennan, Marshall, Stevens. 

195. Roberts v. Burlington Industries, 477 U.S. 901 (1986). 

An appeals court holding that New York severance pay requirements were preempted by ERISA is summarily affirmed. 

196. Brooks v. Burlington Industries, 477 U.S. 901 (1986). 

An appeals court holding that North Carolina severance pay requirements were preempted by ERISA is summarily affirmed. 

197. Thornburg v. Gingles, 478 U.S. 30 (1986). 

North Carolina’s legislative redistricting plan, creating multimember districts having the effect of impairing the opportunity of 

black voters to participate in the political process, is invalid under § 

2 of the Voting Rights Act. 

Justices concurring: Brennan, White, Marshall, Blackmun, Stevens. 

Justices concurring specially: O’Connor, Powell, Rehnquist, Burger. 

Justices concurring in part and dissenting in part: Stevens, Marshall, Blackmun.

198. Rose v. Arkansas State Police, 479 U.S. 1 (1986). 

A provision of Arkansas’ workers’ compensation act requiring 

that death benefits be reduced by the amount of any federal benefits 

paid is preempted by a federal requirement that federal benefits be 

STATE AND LOCAL LAWS HELD PREEMPTED 2379

‘‘in addition to any other benefit due’’; a contrary ruling by an Arizona 

appeals court is summarily reversed. 

199. 324 Liquor Corp. v. Duffy, 479 U.S. 335 (1987). 

A section of New York’s alcoholic beverage control law establishing retail price maintenance violates section 1 of the Sherman Act, 

and is not saved by the Twenty First Amendment. 

Justices concurring: Powell, Brennan, White, Marshall, Blackmun, Stevens, 

Scalia.

Justices dissenting: O’Connor, Rehnquist, C.J.. 

200. California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987). 

A California statute governing the operation of bingo games is 

preempted as applied to Indian tribes conducting on-reservation 

games.

Justices concurring: White, Brennan, Marshall, Blackmun, Powell, Rehnquist, 

C.J..

Justices dissenting: Stevens, O’Connor, Scalia. 

201. California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987). 

A Riverside County, California ordinance regulating the operation 

of bingo and various card games is preempted as applied to Indian 

tribes conducting on-reservation games. 

Justices concurring: White, Brennan, Marshall, Blackmun, Powell, Rehnquist, 

C.J..

Justices dissenting: Stevens, O’Connor, Scalia. 

202. Perry v. Thomas, 482 U.S. 483 (1987). 

The Federal Arbitration Act preempts a section of California 

Labor Code providing that actions for collection of wages may be 

maintained ‘‘without regard to the existence of any private agreement 

to arbitrate.’’ 

Justices concurring: Marshall, Brennan, White, Blackmun, Powell, Scalia, 

Rehnquist, C.J.. 

Justices dissenting: Stevens, O’Connor. 

203. Montana v. Crow Tribe of Indians, 484 U.S. 997 (1988). 

A federal appeals court decision that Montana’s coal severance 

and gross proceeds taxes, as applied to Indian-owned coal produced 

by non-Indians, are preempted by federal Indian policies underlying 

the Mineral Leasing Act of 1938, is summarily affirmed. 

204. Schneidewind v. ANR Pipeline Co., 485 U.S. 293 (1988). 

A Michigan statute requiring approval of the Michigan Public 

Service Commission before a natural gas company may issue longterm securities is preempted as applied to companies subject to FERC 

regulation under the Natural Gas Act. 

2380 STATE AND LOCAL LAWS HELD PREEMPTED 

205. Bennett v. Arkansas, 485 U.S. 395 (1988). 

An Arkansas statute authorizing seizure of prisoners’ property in 

order to defray costs of incarceration is invalid as applied to Social 

Security benefits, exempted from legal process by 42 U.S.C. § 407(a). 

206. Mackey v. Lanier Collection Agency & Service, Inc., 486 U.S. 825 

(1988).

A Georgia statute barring garnishment of funds or benefits of employee benefit plans subject to ERISA is preempted by ERISA § 

514(a) as a state law that ‘‘relates to’’ covered plans. 

Justices concurring: White, Brennan, Marshall, Stevens, Rehnquist, C.J.. 

Justices dissenting: Kennedy, Blackmun, O’Connor, Scalia. 

207. Felder v. Casey, 487 U.S. 131 (1988). 

Wisconsin’s notice-of-claim statute, requiring that persons suing 

state or local governments or officials in state court must give notice 

and then refrain from filing suit for an additional period, is preempted as applied to civil rights actions brought in state court under 

42 U.S.C. § 1983. 

Justices concurring: Brennan, White, Marshall, Blackmun, Stevens, Scalia, 

Kennedy.

Justices dissenting: O’Connor, Rehnquist, C.J.. 

208. Boyle v. United Technologies Corp., 487 U.S. 500 (1988). 

Virginia tort law governing product design defects is preempted 

by federal common law as applied to suits against government contractors for damages resulting from design defects in military equipment if the equipment conformed to reasonably precise specifications 

and if the contractor warned the government of known dangers. 

Justices concurring: Scalia, White, O’Connor, Kennedy, Rehnquist, C.J.. 

Justices dissenting: Brennan, Marshall, Blackmun, Stevens. 

209. Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489 U.S. 141 (1989). 

A Florida statute prohibiting the use of the direct molding process to duplicate unpatented boat hulls, and creating a cause of action 

in favor of the original manufacturer, is preempted by federal patent 

law as conflicting with the balance Congress has struck between patent protection and free trade in industrial design. 

210. Davis v. Michigan Dep’t of Treasury, 489 U.S. 803 (1989). 

Michigan’s income tax law, by providing exemption for retirement 

benefits of state employees but not for retirement benefits of Federal 

employees, discriminates against federal employees in violation of 4 

U.S.C. § 111 and in violation of the constitutional doctrine of intergovernmental tax immunity. 

Justices concurring: Kennedy, Brennan, White, Marshall, Blackmun, O’Connor, Scalia, Rehnquist, C.J.. 

STATE AND LOCAL LAWS HELD PREEMPTED 2381

Justice dissenting: Stevens. 

211. FMC Corp. v. Holliday, 498 U.S. 52 (1990). 

A provision of Pennsylvania’s motor vehicle financial responsibility law prohibiting subrogation and reimbursement from a claimant’s tort recovery for benefits received from a self-insured health 

care plan is preempted by ERISA as ‘‘relat[ing] to [an] employee benefit plan.’’ 

Justices concurring: O’Connor, White, Marshall, Blackmun, Scalia, Kennedy, 

Rehnquist, C.J.. 

Justice dissenting: Stevens. 

212. Ingersoll-Rand Co. v. McClendon, 498 U.S. 133 (1990). 

A Texas common law claim that an employee was wrongfully discharged to prevent his attainment of benefits under a plan covered by 

ERISA is preempted as a ‘‘State law’’ that ‘‘relates to’’ a covered benefit plan. The state cause of action also ‘‘conflicts directly’’ with an exclusive ERISA cause of action. 

213. County of Yakima v. Yakima Indian Nation, 502 U.S. 251 (1992). 

The County of Yakima, Washington’s excise tax on sales of allotted Indian land does not constitute permissible ‘‘taxation of land’’ 

within the meaning of § 6 of the General Allotment Act, and is invalid.

214. Barker v. Kansas, 503 U.S. 594 (1992). 

A Kansas tax on military retirement benefits is inconsistent with 

4 U.S.C. § 111, which allows states to tax federal employees’ compensation if the tax does not discriminate ‘‘because of the source’’ of 

the compensation. No similar tax is applied to state and local government retirees, and there are no significant differences between the 

two classes of taxpayers that justify the different tax treatment. 

215. Gade v. National Solid Wastes Mgmt. Ass’n, 505 U.S. 88 (1992). 

Illinois’ ‘‘dual impact’’ laws designed to protect both employees 

and the general public by requiring training and licensing of hazardous waste equipment operators are preempted by § 18(b) of the 

Occupational Safety and Health Act, 29 U.S.C. § 667(b), which requires states to obtain federal approval before enforcing occupational 

safety and health standards relating to issues governed by federal 

standards.

216. Cipollone v. Liggett Group, Inc., 505 U.S. 504 (1992). 

Two claims, based on New Jersey law and brought against cigarette companies for damages for lung cancer allegedly resulting from 

smoking, are preempted under the Federal Cigarette Labeling and 

Advertising Act: failure-to-warn claims requiring a showing that the 

tobacco companies’ post-1969 advertising should have included addiVerDate Aug<04>2004 12:59 Aug 23, 2004 Jkt 077500 PO 00000 Frm 00035 Fmt 8222 Sfmt 8222 C:\CONAN\CON066.SGM PRFM99 PsN: CON066
2382 STATE AND LOCAL LAWS HELD PREEMPTED 

tional warnings, and fraudulent misrepresentation claims predicated 

on state law restrictions on advertising. 

217. Oklahoma Tax Comm’n v. Sac & Fox Nation, 508 U.S. 114 (1993). 

Oklahoma may not impose income taxes or motor vehicle taxes 

on members of the Sac and Fox Nation who live in ‘‘Indian country,’’ 

whether the land is within reservation boundaries, on allotted lands, 

or in dependent communities. Such tax jurisdiction is considered to be 

preempted unless Congress has expressly provided to the contrary. 

218. Department of Treasury v. Fabe, 508 U.S. 491 (1993). 

An Ohio statute setting priority of claims against insolvent insurance companies is preempted by the federal priority statute, 31 

U.S.C. § 3713, which accords first priority to the United States, to the 

extent that the Ohio law protects the claims of creditors who are not 

policyholders. Insofar as it protects the claims of policyholders, the 

law is saved from preemption by section 2(b) of the McCarran-Ferguson Act. 

Justices concurring: Blackmun, White, Stevens, O’Connor, Rehnquist, C.J.. 

Justices dissenting: Kennedy, Scalia, Souter, Thomas. 

219. American Airlines v. Wolens, 513 U.S. 213 (1995). 

The Illinois Consumer Fraud Act, to the extent that it authorizes 

actions in state court challenging as ‘‘unfair or deceptive’’ marketing 

practices an airline company’s changes in its frequent flyer program, 

is preempted by the Airline Deregulation Act, which prohibits states 

from ‘‘enact[ing] or enforc[ing] any law . . . relating to [air carrier] 

rates, routes, or services.’’ 

Justices concurring: Ginsburg, Kennedy, Souter, Breyer, Rehnquist, C.J.. 

Justices concurring specially: O’Connor, Thomas. 

Justice dissenting: Stevens. 

220. Oklahoma Tax Comm’n v. Chickasaw Nation, 515 U.S. 450 (1995). 

Oklahoma may not impose its motor fuels excise tax upon fuel 

sold by Chickasaw Nation retail stores on tribal trust land. The legal 

incidence of the motor fuels tax falls on the retailer, located within 

Indian country, and the petitioner did not properly raise the issue of 

whether Congress had authorized such taxation in the Hayden-Cartwright Act. 

221. Barnett Bank of Marion County v. Nelson, 517 U.S. 25 (1996). 

A federal law empowering national banks in small towns to sell 

insurance (12 U.S.C. § 92) preempts a Florida law prohibiting banks 

from dealing in insurance. The federal law contains no explicit statement of preemption, but preemption is implicit because the state law 

stands as an obstacle to the accomplishment of one of the federal 

law’s purposes. 

STATE AND LOCAL LAWS HELD PREEMPTED 2383

222. Doctor’s Associates, Inc. v. Casarotto, 517 U.S. 681 (1996). 

A Montana law declaring an arbitration clause unenforceable unless notice that the contract is subject to arbitration appears in underlined capital letters on the first page of the contract is preempted 

by the Federal Arbitration Act. 

Concurring Justices: Ginsburg, Stevens, O’Connor, Scalia, Kennedy, Souter, 

Breyer, Rehnquist, C.J.. 

Justice dissenting: Thomas. 

223. Foster v. Love, 522 U.S. 67 (1997). 

A Louisiana statute that provides for an ‘‘open primary’’ in October for election of Members of Congress and that provides that any 

candidate receiving a majority of the vote in that primary ′′is elected,′′ 

conflicts with the federal law, 2 U.S.C. §§ 1 and 7, that provides for 

a uniform federal election day in November, and is void to the extent 

of conflict. ‘‘[A] contested selection of candidates for a congressional 

office that is concluded as a matter of law before the federal election 

day . . . clearly violates § 7.’’ 

224. United States v. Locke, 529 U.S. 89 (2000). 

Four Washington State regulations governing oil tanker operations and manning are preempted. Primarily through Title II of the 

Ports and Waterways Safety Act of 1972, Congress has occupied the 

field of regulation of general seaworthiness of tankers and their 

crews, and there is no room for these state regulations imposing 

training and English language proficiency requirements on crews and 

imposing staffing requirements for navigation watch. State reporting 

requirements applicable to certain marine incidents are also preempted.