The Supreme Court ruled 5-3 in FTC v. Actavis that the Federal Trade Commission could bring antitrust challenges against “pay-for-delay” agreements where brand-name drug manufacturers pay generic competitors to delay bringing cheaper alternatives to market. The decision reversed lower …
Supreme Court of the United StatesFederal Trade CommissionSolvay PharmaceuticalsActavisWatson Pharmaceuticals+1 morepharmaceutical-industrypatent-abuseregulatory-captureantitrustsupreme-court+2 more
The U.S. Supreme Court ruled 7-2 in National Federation of Independent Business v. Sebelius that the Affordable Care Act’s mandatory Medicaid expansion was unconstitutionally coercive, making it optional for states. While Chief Justice John Roberts upheld the individual mandate as a valid …
U.S. Supreme CourtChief Justice John RobertsNational Federation of Independent BusinessRepublican GovernorsRepublican State Attorneys Generalhealthcareaca-sabotagesupreme-courtmedicaidpartisan-obstruction+2 more
Supreme Court ruled 5-4 that corporations can spend unlimited amounts on elections through independent expenditures, enabling creation of Super PACs and dark money networks. The decision dramatically reshaped campaign finance, allowing corporations and unions to spend unlimited funds on independent …
Supreme CourtCitizens UnitedFederal Election Commission (FEC)Justice Anthony KennedyJustice John Paul Stevensdark-moneycampaign-financesupreme-courtcorporate-powerfirst-amendment+1 more
The Supreme Court upheld Indiana’s strict photo voter ID law in Crawford v. Marion County, ruling 6-3 that the state’s interest in preventing voter fraud and maintaining public confidence in elections justified the burden imposed on voters without qualifying identification. The decision …
Supreme CourtJohn Paul StevensIndiana LegislatureACLURepublican National Committeevoting-rightssupreme-courtvoter-idvoter-suppressionindiana
The Supreme Court unanimously rules in eBay Inc. v. MercExchange, L.L.C. (547 U.S. 388) that patent injunctions are not automatic upon finding infringement, requiring plaintiffs to meet a four-factor equitable test: (1) irreparable injury, (2) inadequate legal remedies, (3) balance of hardships, and …
Supreme CourtClarence ThomasAnthony KennedyeBayMercExchangeintellectual-propertypatent-abusesupreme-courtpatent-trollsjudicial-capture+1 more
In Cheney v. United States District Court, the Supreme Court rules 7-2 to protect the secrecy of Vice President Cheney’s Energy Task Force meetings with oil executives. The Court vacates a lower court order requiring disclosure of task force participants and documents, ruling that federal …
Dick CheneySupreme CourtAnthony KennedyAntonin ScaliaRuth Bader Ginsburg+3 moresupreme-courtexecutive-privilegecheneyenergy-task-forcesecrecy+2 more
On June 23, 2003, the Supreme Court ruled 5-4 in Grutter v. Bollinger that the University of Michigan Law School’s race-conscious admissions policy did not violate the Equal Protection Clause, upholding the principle that diversity in higher education constitutes a compelling government …
Justice Sandra Day O'ConnorJustice Clarence ThomasUniversity of Michigan Law SchoolLee BollingerCenter for Individual Rightseducationsupreme-courtaffirmative-actioncivil-rightsdiversity
On June 27, 2002, the Supreme Court ruled 5-4 in Zelman v. Simmons-Harris that Cleveland’s school voucher program did not violate the Establishment Clause, even though 96% of voucher students attended religious schools. The decision, authored by Chief Justice William Rehnquist, removed the …
Chief Justice William RehnquistJustice Sandra Day O'ConnorJustice Clarence ThomasInstitute for JusticeClint Bolick+1 moreeducationsupreme-courtvouchersreligious-schoolsestablishment-clause+1 more
The Supreme Court issued a controversial 5-4 decision in Bush v. Gore that effectively awarded Florida’s 25 electoral votes to Republican candidate George W. Bush, ensuring his victory over Al Gore. The unsigned per curiam decision reversed a Florida Supreme Court request for a selective …
George W. BushAl GoreWilliam RehnquistSandra Day O'ConnorClarence Thomas+4 morejudicial-capturesupreme-courtcorporate-influenceelection-interferenceconflict-of-interest+1 more
The Supreme Court rules 5-3 in Communications Workers of America v. Beck that workers covered by union contracts can refuse to pay the portion of dues used for political activities, limiting their payments to collective bargaining costs only. The ruling, based on Taft-Hartley’s Section …
U.S. Supreme CourtCommunications Workers of AmericaHarry BeckNational Right to Work Legal Defense Foundationlaborsupreme-courtunion-duesright-to-workunion-busting+1 more
The United States Senate rejected President Reagan’s nomination of Robert Bork to the Supreme Court by a vote of 42-58 on October 23, 1987, marking the first time in nearly a century that the Senate rejected a Supreme Court nominee primarily on the basis of ideology rather than qualifications …
Robert BorkRonald ReaganEdward KennedyLewis PowellAnthony Kennedy+4 moresupreme-courtjudicial-capturefederalist-societyconservative-movementantitrust-abandonment+3 more
Comprehensive organizational analysis reveals the Federalist Society as the most successful judicial capture mechanism in American history, systematically placing conservative judges throughout the federal judiciary through a three-division structure spanning law schools, practicing attorneys, and …
Federalist SocietyLeonard LeoSteven CalabresiDavid McIntoshLee Liberman Otis+9 moreorganizational-profilejudicial-capturedark-moneylegal-movementsupreme-court+3 more
On January 30, 1976, the Supreme Court issued its landmark per curiam decision in Buckley v. Valeo, fundamentally transforming American campaign finance law by establishing that spending money on political campaigns constitutes protected speech under the First Amendment. The case challenged the …
Supreme CourtLewis F. Powell Jr.James BuckleyEugene McCarthyFrancis Valeo+1 morecampaign-financesupreme-courtinstitutional-capturejudicial-activism
On July 25, 1974, the Supreme Court issued its 5-4 ruling in Milliken v. Bradley, effectively ending meaningful school desegregation efforts across metropolitan America by prohibiting cross-district busing remedies to address urban-suburban segregation. The decision exempted wealthy white suburbs …
Chief Justice Warren BurgerJustice Thurgood MarshallU.S. Supreme CourtNAACP Legal Defense FundDetroit Public Schoolseducationsupreme-courtsegregationhousing-policyjudicial-capture+2 more
On March 21, 1973, the Supreme Court ruled 5-4 in San Antonio Independent School District v. Rodriguez that the Texas school finance system—which relied on local property taxes and created vast spending disparities between wealthy and poor districts—did not violate the Equal Protection Clause. The …
Justice Lewis PowellJustice Thurgood MarshallDemetrio RodriguezMexican American Legal Defense and Educational FundU.S. Supreme Courteducationsupreme-courtfunding-inequalitycivil-rightsproperty-tax+1 more
The Supreme Court rules 6-3 in Korematsu v. United States on December 18, 1944, upholding the constitutionality of Executive Order 9066 and the exclusion of Japanese Americans from the West Coast. Justice Hugo Black writes for the majority that military necessity during wartime justifies the mass …
Supreme CourtFred KorematsuHugo BlackRobert JacksonFrank Murphy+2 morecivil-libertiesracial-discriminationsupreme-courtconstitutional-violationjudicial-capture+1 more
The Supreme Court ruled 8-1 in Smith v. Allwright that Texas’s white primary system violated the Fifteenth Amendment, striking down one of the South’s most effective tools for excluding Black voters from meaningful political participation. The decision, argued by Thurgood Marshall for …
Supreme CourtStanley ReedThurgood MarshallNAACP Legal Defense FundLonnie Smith+1 morevoting-rightssupreme-courtwhite-primarycivil-rightsnaacp+1 more
On February 27, 1939, the Supreme Court rules 6-2 in NLRB v. Fansteel Metallurgical Corporation that workers who engage in sit-down strikes—occupying employer property—lose the protections of the National Labor Relations Act and can be lawfully discharged even when the employer has committed unfair …
Supreme Court of the United StatesNational Labor Relations BoardFansteel Metallurgical Corporationorganized laborcorporate employerslabor-rightssupreme-courtsit-down-strikeswagner-actunion-rights
On July 22, 1937, the U.S. Senate votes 70-22 to defeat President Franklin Roosevelt’s Judicial Procedures Reform Bill, rejecting his proposal to expand the Supreme Court by up to six additional justices and handing FDR his greatest legislative defeat. Three-quarters of senators voting to kill …
U.S. SenateFranklin D. RooseveltSenate Judiciary CommitteeJoseph RobinsonJohn Nance Garner+1 morejudicial-independencenew-dealsupreme-courtseparation-of-powerscongressional-opposition+1 more
On April 12, 1937, the Supreme Court rules 5-4 in NLRB v. Jones & Laughlin Steel Corporation to uphold the constitutionality of the National Labor Relations Act (Wagner Act), reversing years of judicial hostility to federal labor regulation and fundamentally expanding Congress’s commerce …
Supreme Court of the United StatesCharles Evans HughesOwen RobertsFranklin D. RooseveltJones & Laughlin Steel Corporation+1 moresupreme-courtlabor-rightswagner-actconstitutional-lawnew-deal+1 more
On March 29, 1937, the Supreme Court rules 5-4 in West Coast Hotel Co. v. Parrish to uphold Washington State’s minimum wage law for women, explicitly overruling its 1923 Adkins v. Children’s Hospital precedent and marking the beginning of the “Constitutional Revolution of …
Supreme Court of the United StatesOwen RobertsCharles Evans HughesFranklin D. RooseveltElsie Parrishsupreme-courtminimum-wageconstitutional-lawnew-dealswitch-in-time+1 more
On February 5, 1937, President Franklin Roosevelt announces the Judicial Procedures Reform Bill, requesting congressional authority to appoint up to six additional Supreme Court justices—one for each sitting justice over age 70—potentially expanding the Court from nine to fifteen members. Roosevelt …
Franklin D. RooseveltSupreme Court of the United StatesJohn Nance GarnerHatton SumnersSenate Judiciary Committee+1 morejudicial-capturenew-dealsupreme-courtseparation-of-powersconstitutional-crisis+1 more
On January 6, 1936, the Supreme Court decides United States v. Butler in a 6-3 ruling that invalidates the Agricultural Adjustment Act (AAA), striking a devastating blow to Roosevelt’s New Deal farm recovery program just eight months after the Schechter Poultry “Black Monday” …
Supreme Court of the United StatesOwen J. RobertsHarlan Fiske StoneWilliam M. ButlerHoosac Mills Corporation+2 morejudicial-capturenew-dealcorporate-resistancesupreme-courtagricultural-policy+1 more
On May 27, 1935—a day Roosevelt administration officials dub “Black Monday”—the Supreme Court delivers three unanimous decisions against the New Deal, with the most devastating being Schechter Poultry Corp. v. United States, which invalidates the National Industrial Recovery Act (NIRA), …
Supreme Court of the United StatesCharles Evans HughesBenjamin CardozoHarlan Fiske StoneFranklin D. Roosevelt+1 morejudicial-capturenew-dealcorporate-resistancesupreme-courtconstitutional-law+1 more
The Supreme Court rules 8-1 in Buck v. Bell to uphold Virginia’s compulsory sterilization law, providing constitutional blessing for the eugenics movement’s campaign to sterilize those deemed “unfit.” Justice Oliver Wendell Holmes writes for the majority that the state may …
Oliver Wendell HolmesCarrie BuckHarry LaughlinU.S. Supreme CourtEugenics Record Officeeugenicsjudicial-capturecivil-libertiessupreme-courtinstitutional-racism
The Supreme Court rules 7-2 in Gitlow v. New York to uphold Benjamin Gitlow’s conviction under New York’s Criminal Anarchy Act for publishing “The Left Wing Manifesto,” a socialist pamphlet advocating revolutionary mass action. Justice Edward Sanford’s majority opinion …
Edward SanfordBenjamin GitlowU.S. Supreme CourtOliver Wendell Holmescivil-libertiesfirst-amendmentred-scaresupreme-courtlabor-suppression
The Supreme Court rules 5-3 in Adkins v. Children’s Hospital that a 1918 federal law establishing a minimum wage board for women and minors in the District of Columbia violates the Fifth Amendment’s guarantee of “liberty of contract.” Justice George Sutherland, writing for …
George SutherlandU.S. Supreme CourtChildren's HospitalWillie Lyonsjudicial-capturelabor-suppressionsupreme-courtlochner-era
The Supreme Court rules 8-1 in Bailey v. Drexel Furniture Co. (the Child Labor Tax Case) that the Revenue Act of 1919, which imposed a 10 percent excise tax on profits of companies employing children under age 14, violates the Tenth Amendment. Chief Justice William Howard Taft declares the tax …
William Howard TaftU.S. Supreme CourtU.S. CongressDrexel Furniture Companyjudicial-capturelabor-suppressioncorporate-powersupreme-courtchild-labor
The Supreme Court rules 5-4 in Truax v. Corrigan that an Arizona law prohibiting state courts from issuing injunctions against peaceful labor picketing violates the Due Process Clause of the Fourteenth Amendment. Chief Justice William Howard Taft, writing for the majority, holds that the Arizona …
William Howard TaftU.S. Supreme CourtArizona State Legislaturelabor-suppressionjudicial-captureanti-unionsupreme-court
The Supreme Court rules 6-3 in Duplex Printing Press Co. v. Deering that the Clayton Act’s supposed protections for labor organizing do not prevent federal courts from enjoining union boycotts. Justice Mahlon Pitney holds that Section 20 of the Clayton Act, which labor had celebrated in 1914 …
Mahlon PitneyU.S. Supreme CourtInternational Association of MachinistsDuplex Printing Press Companylabor-suppressionjudicial-captureantitrustsupreme-courtclayton-act
The U.S. Supreme Court, in a 4-3 decision written by Justice Joseph McKenna, dismissed the government’s antitrust case against U.S. Steel Corporation, the world’s first billion-dollar company created through J.P. Morgan’s 1901 merger. The Court ruled: “We must adhere to the …
U.S. Supreme CourtJustice Joseph McKennaJustice DayU.S. Steel CorporationElbert Henry Garyantitrustrule-of-reasoncorporate-powersupreme-courtenforcement-abandonment+1 more
The U.S. Supreme Court struck down the Keating-Owen Child Labor Act of 1916 on June 3, 1918, in Hammer v. Dagenhart, ruling 5-4 that the federal law exceeded federal authority and represented an unwarranted encroachment on state powers to determine local labor conditions. Justice William R. …
U.S. Supreme CourtJustice William R. DayJustice Oliver Wendell Holmes Jr.supreme-courtchild-laborlabor-rightsjudicial-captureprogressive-era
The Supreme Court unanimously struck down Oklahoma’s grandfather clause in Guinn v. United States, marking the first time the Court invalidated a state voting restriction as a Fifteenth Amendment violation since Reconstruction. Chief Justice Edward White, himself a former Confederate soldier …
Supreme CourtChief Justice Edward WhiteOklahoma LegislatureNAACPvoting-rightssupreme-courtgrandfather-clausefifteenth-amendmentcivil-rights
The U.S. Supreme Court, in a 9-0 unanimous decision applying the new “rule of reason” doctrine, ruled that the American Tobacco Company violated the Sherman Antitrust Act and ordered the tobacco trust dissolved. Founded in 1890 by James Duke, American Tobacco controlled nearly 90% of …
U.S. Supreme CourtChief Justice Edward WhiteAmerican Tobacco CompanyJames Dukeantitrustcorporate-powersupreme-courtmonopolyrule-of-reason+1 more
The U.S. Supreme Court rules unanimously 9-0 in Loewe v. Lawlor (the “Danbury Hatters’ Case”) that the Sherman Antitrust Act applies to labor unions and that individual union members can be held personally liable for damages caused by union boycotts. Chief Justice Melville W. …
U.S. Supreme CourtChief Justice Melville W. FullerUnited Hatters of North AmericaD.E. Loewe & CompanyMartin Lawlor+1 morelabor-suppressiongilded-agesupreme-courtantitrust-misusejudicial-capture+1 more
The U.S. Supreme Court issued a 5-4 decision in Lochner v. New York on April 17, 1905, striking down a New York law that limited bakery workers to a 60-hour work week as unconstitutional. Justice Rufus Peckham’s majority opinion held that the law violated the Fourteenth Amendment’s Due …
U.S. Supreme CourtJustice Rufus PeckhamJustice Oliver Wendell Holmes Jr.Justice John HarlanJoseph Lochnersupreme-courtlabor-rightscorporate-powerjudicial-captureprogressive-era+1 more
On January 30, 1905, the U.S. Supreme Court ruled in Swift & Co. v. United States that the Commerce Clause allowed the federal government to regulate monopolies that have a direct effect on interstate commerce, dealing a major blow to the “Beef Trust” cartel. The case followed …
U.S. Supreme CourtSwift & CompanyArmour & CompanyTheodore RooseveltAttorney General Philander Knoxantitrustcorporate-powersupreme-courtregulatory-enforcementprogressive-era
On March 14, 1904, the U.S. Supreme Court ruled 5-4 that the Northern Securities Company violated the Sherman Antitrust Act and ordered the railroad holding company dissolved. The decision affirmed the April 9, 1903 federal circuit court ruling against the company formed by J.P. Morgan, James J. …
U.S. Supreme CourtTheodore RooseveltJ.P. MorganJames J. HillEdward H. Harriman+1 moreantitrustcorporate-powerregulatory-enforcementsupreme-courtprogressive-era
The Supreme Court ruled 6-3 in Giles v. Harris that federal courts cannot enforce Black voting rights under the Fifteenth Amendment, effectively sanctioning the wave of disenfranchisement sweeping the South. Justice Oliver Wendell Holmes Jr., writing for the majority, acknowledged that …
Supreme CourtOliver Wendell Holmes Jr.Jackson GilesAlabama LegislatureBooker T. Washingtonvoting-rightssupreme-courtracial-discriminationinstitutional-capturedisenfranchisement
The U.S. Supreme Court issues a unanimous 9-0 decision in In re Debs, upholding the federal government’s use of injunctions to suppress labor strikes and affirming Eugene V. Debs’s contempt of court conviction for continuing the 1894 Pullman Strike in violation of a federal court order. …
U.S. Supreme CourtJustice David Josiah BrewerEugene V. DebsFederal judiciaryCorporate interestslabor-suppressiongilded-agejudicial-captureinjunctionsupreme-court+1 more
On January 21, 1895, the U.S. Supreme Court decided United States v. E.C. Knight Co. (156 U.S. 1) by a vote of 8-1, effectively gutting the Sherman Antitrust Act just five years after its passage. The case arose when the American Sugar Refining Company (the “Sugar Trust”) acquired four …
The Supreme Court again explicitly affirmed corporate personhood, holding that “It is again decided that private corporations are persons within the meaning of [the Fourteenth] Amendment.” The case involved South Carolina’s requirement that railroads pay the salaries and expenses …
U.S. Supreme CourtCharlotte, Columbia and Augusta Railroad CompanySouth Carolina LegislatureState Railroad Commissioncorporate-personhoodsupreme-courtfourteenth-amendmentrailroad-regulationdue-process
The Supreme Court formally declared corporate personhood as settled constitutional law, with Justice Stephen Field writing that “Corporations are persons within the meaning of the clauses in the Fourteenth Amendment to the Constitution concerning the deprivation of property, and concerning the …
U.S. Supreme CourtJustice Stephen FieldMinneapolis & St. Louis Railway Companycorporate-personhoodsupreme-courtfourteenth-amendmentdue-processequal-protection+1 more
In an 8-0 decision authored by Justice Stephen Field, the U.S. Supreme Court explicitly affirmed corporate personhood under the Fourteenth Amendment, holding that “Under the designation of ‘person’ there is no doubt that a private corporation is included. Such corporations are …
U.S. Supreme CourtJustice Stephen FieldPembina Consolidated Silver Mining and Milling CompanyCommonwealth of Pennsylvaniacorporate-personhoodsupreme-courtfourteenth-amendmentdue-processcorporate-rights
On October 25, 1886, the U.S. Supreme Court decided Wabash, St. Louis & Pacific Railway Co. v. Illinois (118 U.S. 557) in a 6-3 ruling that severely limited states’ power to regulate interstate commerce, effectively shielding railroad monopolies from state-level oversight. The case arose …
U.S. Supreme CourtWabash RailroadIllinois LegislatureInterstate Commerceregulatory-erosionsupreme-courtcorporate-powerinstitutional-capturestates-rights
In what would become one of the most consequential non-rulings in American legal history, a court reporter’s headnote to Santa Clara County v. Southern Pacific Railroad established the foundation for corporate personhood without the Supreme Court ever deciding the issue. Before oral arguments, …
U.S. Supreme CourtChief Justice Morrison WaiteJ.C. Bancroft Davis (Court Reporter)Southern Pacific RailroadSanta Clara County+1 morecorporate-personhoodsupreme-courtfourteenth-amendmentconstitutional-lawgilded-age+3 more
The Supreme Court ruled in the Railroad Commission Cases that states possess constitutional authority to set railroad transportation rates through regulatory commissions, upholding Mississippi’s 1884 statute establishing rate-setting power. Filed the same year as the Santa Clara headnote, this …
U.S. Supreme CourtMississippi LegislatureFarmers' Loan & Trust CompanyMobile & Ohio Railroad CompanyMississippi Railroad Commissioncorporate-regulationsupreme-courtrailroad-regulationstate-police-powerproperty-rights+1 more
Former U.S. Senator Roscoe Conkling, who had twice refused Supreme Court appointments to pursue his lucrative Gilded Age law practice, argued before the Court in San Mateo County v. Southern Pacific Railroad that the Fourteenth Amendment’s framers intentionally used “person” rather …
Roscoe ConklingU.S. Supreme CourtSouthern Pacific RailroadSan Mateo CountyJoint Committee on Reconstructioncorporate-personhoodsupreme-courtfourteenth-amendmentlegal-corruptiongilded-age+2 more
In March 1877, the U.S. Supreme Court decided Munn v. Illinois (94 U.S. 113), affirming in a 7-2 decision that states possess constitutional authority to regulate private industries when such regulation serves the public good. Chief Justice Morrison Waite wrote for the majority that because grain …
U.S. Supreme CourtMorrison WaiteNational GrangeIllinois LegislatureMunn & Scottregulatory-frameworksupreme-courtgranger-movementdemocratic-resistancepublic-interest
Chief Justice Roger B. Taney delivers the Supreme Court’s 7-2 decision in Dred Scott v. Sandford, ruling that African Americans “are not and could not be citizens” of the United States and therefore have no standing to sue in federal court, and that Congress lacks authority to …
Roger B. TaneyJames BuchananJohn CatronRobert Cooper GrierU.S. Supreme Court+1 moredred-scottjudicial-corruptionslave-powersupreme-courtconstitutional-crisis+1 more