Although many judges criticized this doctrine over the next 120 years, the doctrine of “incorporation” still allows federal courts to consider on a case-by-case basis whether certain protections apply to residents of the territories. In a 2016 case, a federal court wrongly challenged the constitutional right of same-sex couples to marry in Puerto Rico. In another recent decision, a federal appeals court ruled that U.S. agents did not need a search warrant to search an individual`s property when he entered the U.S. Virgin Islands from South Carolina. Because it was so-called “unincorporated territory,” the court argued that Congress could establish an “artificial customs boundary” between the U.S. Virgin Islands and the rest of the U.S. that would violate the rights of anyone passing through. The U.S. Supreme Court, the court of last resort, has undeniably changed the country. Justice Thurgood Marshall wrote differently: “My objection to the performance standard adopted by the Court is that it is so malleable that in practice it has no influence or gives excessive variation. To tell lawyers and lower courts that an accused`s lawyer must behave “reasonably” and act like “reasonably competent counsel” is to tell them almost nothing.

The decision: The Supreme Court ruled unanimously that separate educational institutions were inherently unequal. A second decision ordered lower courts and school boards to proceed with desegregation. This decision separated the “separate but equal” doctrine from Plessy v. Ferguson, who had allowed schools, transportation and co-ed facilities as long as they were “equal.” The trial began on January 24, 1995, after Simpson pleaded not guilty. His defense team was led by Johnnie Cochran, who focused the trial on the alleged racism of the senior police detective in the case. Since the majority of the jury was black, some felt that Cochran was manipulating race as a ploy to win their sympathy. After more than four months of trial, the jury acquitted Simpson of both counts of murder. Here are 45 of the major cases the Supreme Court has ever decided. The 2000 presidential election was one of the closest in American history, with the two candidates separated by only 537 votes in the state of Florida.

Since whoever wins the state of Florida wins the presidency, the state`s Supreme Court ordered a manual recount. However, the U.S. Supreme Court overturned that ruling that a recount violated the Fourth Amendment. This decision cemented Bush`s victory and allowed him to become president, which caused a lot of controversy because the race was so close. The case: In Wisconsin, children were required by law to attend school until age 16. But three Amish families refused to send their children to school after eighth grade when most of the children were 14, resulting in $5 in fines from the state. (Amish families believe that the content of secondary and higher education conflicts with their life of austerity.) They argued that mandatory attendance violated their First Amendment rights, particularly the free exercise clause. 13. Citizens United v. FEC (2010): Perhaps Roberts Court`s most hated decision, Citizens United ruled that political donations are protected by the First Amendment, paving the way for unlimited personal and business donations to “super PACs.” While the verdict is widely unpopular, it`s not going away anytime soon. It would take a constitutional amendment or a new composition of the Supreme Court to overturn the decision.

The decision: The Supreme Court ruled 7-2 that since Scott`s ancestors were imported into the United States and sold into slavery, he could not be a U.S. citizen. Because he was not a citizen, he did not have standing to prosecute, which also meant that blacks living freely in the North were excluded from federal courts. The court also found that under the Fifth Amendment, slaves were property and that any law depriving a slave owner of his property was unconstitutional. The decision: The justices ruled unanimously that Madison`s denial was unlawful and that the law under which Marbury sued was also unconstitutional. More importantly, this decision concluded that the Supreme Court has the power of “judicial review” to decide whether a law or executive measure is constitutional. This essentially gave the Supreme Court legal authority over any decision it made in the future. Long before there were mobile apps for lawyers, Marbury v. Madison was one of the most important Supreme Court cases because it established the Supreme Court`s power of judicial review (the right to declare a law unconstitutional) over Congress. He also helped define the boundary between the executive and judicial branches of the U.S.

government. Since we first published this list of the Supreme Court`s most famous and controversial cases, we wanted to include another one that has had a huge impact on society and our education system. Braun v. Board of Education is by far one of the most famous cases in our country`s history. In that document, the Supreme Court stated that the term “separate but equal” had no place in public education. The court effectively ended segregation in public schools, saying segregated educational institutions inherently provided unequal education for white and black students at the expense of black students. In court, these black students were denied the same protections guaranteed by the Fourteenth Amendment to the U.S. Constitution. The decision: The Supreme Court ruled unanimously that it lacked standing to prosecute because the violation was too minor and indeterminable.

It has led to the legal concept of a `particularised` offence resulting from an offence. Without this decision, it would be much easier to take legal action. After Hiss filed a libel suit against Chambers, Chambers presented a set of typed and handwritten notes purportedly by Hiss, and later strips of a 35mm film containing government documents allegedly taken by Hiss. They were called “pumpkin papers” because Chambers had stored them in a hollowed-out pumpkin. As a result, Hiss was charged under oath with perjury or lying in court. Lovingly v. Virginia didn`t involve family law lawyer software, but it was certainly considered one of the landmark court cases, as it struck down laws prohibiting interracial marriage. The case was brought by Mildred Loving (a black woman) and Richard Loving (a white man), who were sentenced to one year in prison for getting married, which was against Virginia law. The state of Virginia had a “racial integrity law” that prohibited marriages between whites and blacks.

That famous Supreme Court case concluded that these “anti-miscegenation laws” are unconstitutional. 7. Lochner v. New York (1905): You see, it`s not just civil rights cases! In that case, the Supreme Court struck down a New York law limiting bakery hours to 10 hours a day, found implicit “freedom of contract” in the due process clause, and spawned the Lochner era. Roe v. Wade is perhaps one of the most famous and controversial U.S. Supreme Court cases in history, whose decision permeates U.S. politics to this day.

Roe v. Wade noted that the right to privacy under the Fourteenth Amendment`s due process clause extends to a woman`s decision to have an abortion. The controversial Supreme Court case also concluded that a woman`s right to an abortion was limited to the third trimester of pregnancy. But in the subsequent case of the Supreme Court of Family Planning v. Casey (1992), the court concluded that a woman has the right to abort until the viability of the fetus – the ability of the fetus to live outside its body. Roe v. Wade lifted many abortion restrictions created by states. Since then, new restrictions have emerged and the right to abortion has been constantly challenged by opponents since 1973. The decision: The Supreme Court ruled 5-4 that the Massachusetts law was unconstitutional. The court found that the First Amendment protects corporations because they are composed of shareholders who have decided that their corporation should participate in public affairs. This case opened the door for Citizens United. The territories acquired later were for the first time inhabited primarily by people of color and were so far from the American continent that it was unlikely that they would be settled by whites.

To ensure that the Constitution would not block U.S. expansion, the court invented a new doctrine — called “territorial incorporation” — that states that certain constitutional provisions and protections could be closed on and for these islands until Congress says otherwise. It was the first time the court had ruled on a right-to-die case. It did not establish national guidelines and left it from one state to another. In the month following the fall, 300,000 requests for precautionary forms were made so that people could know in advance what would happen to them if they became unable to work. Island affairs are overtly racist, rooted in white supremacy, and still haunt the daily lives of millions. That`s why the ACLU, along with a coalition of civil rights groups, today sent a letter to the Biden administration urging them to condemn these cases and stop relying on the precedent they have set in current or future cases. Since the founding of the United States, it has long been assumed that the protection of the Constitution would naturally apply to the nation`s territories. The Court broke with island cases of this practice to prevent the new territories from enjoying full constitutional protection. For example, when the United States acquired Florida in 1819, few people seriously questioned whether the Constitution applied there.