Gavin Howe
Judicial review, a cornerstone of constitutional governance, empowers courts to examine the constitutionality of laws and government actions, ensuring they align with the supreme law of the land. Throughout history, numerous laws have been struck down as unconstitutional through this process, shaping the legal and social landscape. Notable examples include the Supreme Court’s 1954 decision in *Brown v. Board of Education*, which declared racial segregation in public schools unconstitutional, overturning the separate but equal doctrine established by *Plessy v. Ferguson*. Similarly, in *Roe v. Wade* (1973), the Court ruled that state laws banning abortion violated the right to privacy under the Due Process Clause of the Fourteenth Amendment, though this decision was later overturned in *Dobbs v. Jackson Women’s Health Organization* (2022). Other significant cases include *Lochner v. New York* (1905), where a state law regulating working hours was deemed unconstitutional under the Due Process Clause, and *Shelby County v. Holder* (2013), which invalidated parts of the Voting Rights Act of 1965 as unconstitutional. These cases highlight the dynamic interplay between legislation and constitutional interpretation, illustrating how judicial review serves as a critical check on governmental power.
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What You'll Learn
- Roe v. Wade (1973): Overturned by Dobbs v. Jackson, eliminating federal abortion rights protection
- Dred Scott v. Sandford (1857): Overruled by 13th/14th Amendments, denied citizenship to enslaved people
- Plessy v. Ferguson (1896): Overturned by Brown v. Board, ended separate but equal doctrine
- Korematsu v. United States (1944): Widely condemned, upheld Japanese internment during WWII, later discredited
- Lochner v. New York (1905): Overruled, struck down labor regulations, deemed unconstitutional interference with contracts
Roe v. Wade (1973): Overturned by Dobbs v. Jackson, eliminating federal abortion rights protection
Roe v. Wade (1973) stands as one of the most landmark Supreme Court decisions in U.S. history, establishing a constitutional right to abortion under the Due Process Clause of the Fourteenth Amendment. The ruling created a framework that balanced a woman’s right to privacy with the state’s interest in regulating abortion, dividing pregnancy into trimesters. In the first trimester, the decision held that the state could not regulate abortion; in the second trimester, the state could regulate abortion to protect maternal health; and in the third trimester, the state could prohibit abortion to protect fetal viability, except when the mother’s life or health was at risk. This decision effectively struck down numerous state laws that criminalized or heavily restricted abortion, deeming them unconstitutional.
For nearly five decades, Roe v. Wade served as the cornerstone of federal protection for abortion rights, shaping reproductive healthcare access across the United States. However, the decision was consistently challenged by anti-abortion advocates and conservative lawmakers, who argued that it overstepped states’ rights and misinterpreted the Constitution. Over time, the Court’s composition shifted, and by the late 2010s, a conservative majority was poised to reconsider Roe’s precedent. This set the stage for Dobbs v. Jackson Women’s Health Organization, a case that directly challenged Roe’s constitutional foundation.
In Dobbs v. Jackson (2022), the Supreme Court overturned Roe v. Wade, ruling that the Constitution does not confer a right to abortion. The majority opinion, authored by Justice Samuel Alito, argued that Roe was egregiously wrong from its inception, lacked historical grounding, and had created deep social divisions. The decision returned the power to regulate abortion to the states, effectively eliminating federal protection for abortion rights. This shift allowed states to enact their own laws, leading to a patchwork of abortion access across the country, with some states banning or severely restricting abortion while others protected it.
The overturning of Roe v. Wade by Dobbs v. Jackson marked a significant exercise of judicial review, as the Supreme Court reevaluated and rejected a long-standing precedent. This decision underscored the Court’s authority to determine the constitutionality of laws and rights, even those previously deemed protected. The elimination of federal abortion rights protection has had profound implications for reproductive healthcare, gender equality, and individual autonomy, sparking widespread debate and activism.
The impact of Dobbs extends beyond abortion, raising questions about the stability of other rights derived from the Due Process Clause, such as contraception and same-sex marriage. Critics argue that the decision undermines judicial legitimacy by reversing a precedent that had been relied upon for generations. Proponents, however, view it as a correction of judicial overreach, restoring the democratic process to the states. Regardless of perspective, the overturning of Roe v. Wade remains a pivotal moment in the history of judicial review, illustrating the Court’s power to reshape fundamental rights and societal norms.
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Dred Scott v. Sandford (1857): Overruled by 13th/14th Amendments, denied citizenship to enslaved people
The Dred Scott v. Sandford (1857) decision stands as one of the most infamous and controversial rulings in U.S. Supreme Court history. In this case, the Court held that African Americans, whether enslaved or free, were not and could never become citizens of the United States. This ruling directly denied Dred Scott, an enslaved man who had sued for his freedom after being taken into free states, the right to bring his case to federal court. The decision was rooted in the Court's interpretation of the Constitution, particularly the Due Process Clause of the Fifth Amendment, and it effectively upheld the institution of slavery by denying enslaved individuals any legal standing to challenge their status.
The Dred Scott decision was not merely a denial of citizenship to enslaved people; it also struck down the Missouri Compromise of 1820, which had prohibited slavery in certain territories. Chief Justice Roger Taney, writing for the majority, argued that Congress lacked the authority to restrict slavery in federal territories, further entrenching the power of slaveholding states. This ruling exacerbated sectional tensions between the North and South, as it invalidated a long-standing political compromise and undermined the rights of free states to exclude slavery. The decision was widely criticized in the North and celebrated in the South, highlighting the deep ideological divide over slavery in the United States.
The Dred Scott decision was ultimately overruled by the 13th and 14th Amendments to the U.S. Constitution. The 13th Amendment, ratified in 1865, abolished slavery and involuntary servitude, directly contradicting the Court's assertion that Congress could not restrict slavery in the territories. By ending slavery, the 13th Amendment rendered moot the Court's arguments about the rights of slaveholders and the status of enslaved individuals. The 14th Amendment, ratified in 1868, further overturned the Dred Scott decision by explicitly granting citizenship to all persons born or naturalized in the United States, including formerly enslaved individuals. Its Citizenship Clause directly repudiated Taney's claim that African Americans could never be citizens.
The 14th Amendment also included the Equal Protection Clause, which guarantees that no state shall deny any person within its jurisdiction "the equal protection of the laws." This clause was a direct response to the Dred Scott decision's denial of legal rights and protections to African Americans. By ensuring equal protection under the law, the 14th Amendment sought to prevent future judicial or legislative actions that would disenfranchise or marginalize any group of citizens. Together, the 13th and 14th Amendments not only overruled the Dred Scott decision but also transformed the legal and social landscape of the United States, laying the groundwork for civil rights advancements in the decades to come.
In conclusion, Dred Scott v. Sandford (1857) was a landmark case that denied citizenship to enslaved people and upheld the institution of slavery, but it was decisively overruled by the 13th and 14th Amendments. These constitutional amendments not only abolished slavery but also established the principle of birthright citizenship and equal protection under the law, directly countering the Court's ruling. The case remains a stark reminder of the judiciary's power to interpret the Constitution and the importance of constitutional amendments in correcting injustices. The legacy of Dred Scott underscores the ongoing struggle for equality and the role of judicial review in shaping American society.
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Plessy v. Ferguson (1896): Overturned by Brown v. Board, ended separate but equal doctrine
The landmark case of Plessy v. Ferguson (1896) stands as a pivotal yet controversial moment in American legal history, as it established the "separate but equal" doctrine that would shape racial segregation laws for decades. The case arose when Homer Plessy, a man of mixed race, challenged Louisiana’s Separate Car Act, which required railroads to provide separate but equal accommodations for white and Black passengers. Plessy deliberately sat in a whites-only car to test the law’s constitutionality, arguing that it violated the Thirteenth and Fourteenth Amendments. However, the Supreme Court ruled 7–1 in favor of Ferguson, upholding the law and declaring that racial segregation did not inherently violate the Constitution as long as the facilities provided were equal. This decision legitimized Jim Crow laws across the South, enshrining segregation in public spaces, education, and transportation.
The "separate but equal" doctrine, born from Plessy v. Ferguson, was fundamentally flawed in both theory and practice. In reality, the facilities provided for Black Americans were almost always inferior to those for whites, perpetuating systemic inequality and racial subjugation. The decision also contradicted the spirit of the Fourteenth Amendment’s Equal Protection Clause, which guarantees all citizens equal treatment under the law. Despite its legal standing, the ruling faced widespread criticism from civil rights activists and legal scholars who argued that segregation itself was inherently unequal and unconstitutional. This critique laid the groundwork for future challenges to the doctrine, culminating in the Brown v. Board of Education case of 1954.
Brown v. Board of Education (1954) marked the end of the "separate but equal" doctrine and overturned Plessy v. Ferguson in the context of public education. The case was a consolidation of several lawsuits challenging racial segregation in schools, including one in Topeka, Kansas, where a young girl named Linda Brown had to travel miles to attend a segregated school despite a white school being closer to her home. The Supreme Court, led by Chief Justice Earl Warren, unanimously ruled that segregated public schools were unconstitutional, stating that "separate educational facilities are inherently unequal." This decision explicitly rejected the logic of Plessy v. Ferguson, asserting that segregation, even if facilities were ostensibly equal, violated the Equal Protection Clause of the Fourteenth Amendment.
The overturning of Plessy v. Ferguson by Brown v. Board was a monumental step in the civil rights movement, dismantling the legal foundation of racial segregation in the United States. It signaled a shift in the Court’s interpretation of equality, emphasizing that true equality cannot exist under a system of separation. The decision paved the way for further desegregation efforts in other public spaces and inspired subsequent civil rights legislation, such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965. However, the legacy of Plessy v. Ferguson continues to remind us of the enduring struggle for racial justice and the importance of judicial review in correcting constitutional injustices.
In conclusion, Plessy v. Ferguson (1896) and its eventual overturning by Brown v. Board of Education (1954) represent a critical evolution in American jurisprudence and civil rights. The "separate but equal" doctrine, though legally sanctioned for nearly six decades, was a tool of oppression that perpetuated racial inequality. The Supreme Court’s decision in Brown v. Board not only corrected a historic wrong but also reaffirmed the Constitution’s promise of equal protection under the law. This judicial review process underscores the power of the courts to reinterpret and uphold the principles of justice, even when earlier rulings have strayed from those ideals. The legacy of these cases continues to influence discussions on equality, segregation, and the role of the judiciary in safeguarding constitutional rights.
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Korematsu v. United States (1944): Widely condemned, upheld Japanese internment during WWII, later discredited
Korematsu v. United States (1944) stands as one of the most notorious and widely condemned Supreme Court decisions in American history. The case arose during World War II when the U.S. government issued Executive Order 9066, authorizing the forced relocation and internment of approximately 120,000 Japanese Americans, most of whom were U.S. citizens, into concentration camps. Fred Korematsu, a U.S. citizen of Japanese descent, challenged the order by refusing to comply and was subsequently arrested. The Supreme Court, in a 6-3 decision, upheld the constitutionality of the internment, citing military necessity and deferring to the government’s claims of national security during wartime. This ruling effectively validated racial discrimination and the suspension of civil liberties based on ancestry.
The decision in Korematsu v. United States was rooted in the Court’s acceptance of the government’s argument that Japanese Americans posed a potential threat to national security, despite a lack of evidence to support this claim. Justice Hugo Black, writing for the majority, emphasized the need for judicial deference to executive and legislative branches during times of war. However, Justice Frank Murphy’s dissent sharply criticized the decision, calling it "legalization of racism" and arguing that the internment was based on racial prejudice rather than genuine military necessity. Murphy’s dissent has since been widely regarded as the more morally and legally sound position.
Over time, Korematsu v. United States has been discredited and widely condemned as a grave injustice. In the decades following the decision, historians and legal scholars uncovered evidence that the government had withheld critical information from the Court, including reports from the military and intelligence agencies concluding that Japanese Americans did not pose a significant threat. This revelation further undermined the legitimacy of the ruling. The case has come to symbolize the dangers of allowing racial bias and fear to override constitutional protections, even in times of national crisis.
The legacy of Korematsu has been explicitly repudiated by subsequent legal and political actions. In 1988, Congress passed the Civil Liberties Act, which formally apologized for the internment and provided reparations to surviving internees. Additionally, in 2018, the Supreme Court itself disavowed Korematsu in the case of *Trump v. Hawaii*, with Chief Justice John Roberts writing that the 1944 decision was "gravely wrong the day it was decided." This formal rejection underscored the consensus that Korematsu has no place in constitutional law and serves as a cautionary tale about the failure of judicial review to protect minority rights.
Despite its eventual discrediting, Korematsu v. United States remains a stark reminder of the potential for judicial review to uphold unconstitutional and morally reprehensible policies. The case highlights the importance of vigilance in safeguarding civil liberties, particularly for marginalized communities, and the need for courts to resist deferring to government actions that are motivated by prejudice or unsupported by evidence. As a historical precedent, Korematsu continues to serve as a powerful lesson in the ongoing struggle for justice and equality under the law.
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Lochner v. New York (1905): Overruled, struck down labor regulations, deemed unconstitutional interference with contracts
Lochner v. New York (1905) stands as a landmark case in the history of U.S. judicial review, where the Supreme Court struck down labor regulations as unconstitutional interference with contractual freedom. The case centered on a New York state law, the Bakeshop Act of 1895, which limited bakery employees to working no more than 10 hours per day or 60 hours per week. The law aimed to protect workers from exploitative labor conditions, but the Court deemed it an overreach of state power. The decision was rooted in the Due Process Clause of the Fourteenth Amendment, which the Court interpreted to include a "right to contract" free from undue government interference. This interpretation reflected the era's laissez-faire economic philosophy, prioritizing individual liberty in business over regulatory protections for workers.
The majority opinion, written by Justice Rufus Peckham, argued that the Bakeshop Act was an arbitrary and unreasonable restriction on the freedom of employers and employees to negotiate their own terms of employment. The Court asserted that the law did not address a legitimate public interest, such as health or safety, but instead sought to regulate the labor market. This reasoning was heavily criticized for its subjective standard, as the Court essentially substituted its judgment for that of the legislature. The decision effectively limited the ability of states to enact labor reforms during the Progressive Era, setting a precedent that would later be dubbed the "Lochner era"—a period marked by judicial hostility toward economic regulations.
The Lochner decision was widely condemned for its pro-business stance and its disregard for the plight of workers in an era of industrialization. Critics argued that the Court's expansive interpretation of the Due Process Clause undermined democratic governance by invalidating laws enacted by elected representatives. The case became a symbol of judicial activism, as the Court appeared to prioritize abstract economic theories over practical societal needs. This backlash eventually led to a shift in the Court's approach, culminating in the New Deal era, when the judiciary adopted a more deferential stance toward legislative efforts to address economic inequality.
The overruling of Lochner began with cases like West Coast Hotel Co. v. Parrish (1937), where the Supreme Court upheld minimum wage laws and explicitly rejected the Lochner doctrine. The Court's new approach emphasized the importance of legislative discretion in addressing complex social and economic issues. While Lochner itself was not formally overturned until United States v. Carolene Products Co. (1938), its legacy as a symbol of judicial overreach in economic matters endured. The case remains a cautionary tale about the dangers of courts imposing their policy preferences under the guise of constitutional interpretation.
In summary, Lochner v. New York (1905) exemplifies how judicial review can shape public policy by striking down laws deemed unconstitutional. By invalidating labor regulations as interference with contractual freedom, the decision reflected the Court's adherence to a laissez-faire economic ideology. Its eventual rejection marked a turning point in constitutional law, restoring legislative authority to address societal challenges. Lochner's legacy underscores the ongoing debate about the proper role of the judiciary in balancing individual rights with the state's regulatory powers.
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Frequently asked questions
Judicial review is the power of courts to examine and invalidate laws or actions that violate the constitution. It ensures that laws align with constitutional principles, and those found unconstitutional are struck down.
Yes, in *Roe v. Wade* (1973), the U.S. Supreme Court ruled that state laws banning abortion were unconstitutional, as they violated the right to privacy under the Due Process Clause of the 14th Amendment.
In *Brown v. Board of Education* (1954), the Supreme Court ruled that state laws establishing separate public schools for black and white students were unconstitutional, violating the Equal Protection Clause of the 14th Amendment. This decision ended legal segregation in schools.
In *Marbury v. Madison* (1803), the Supreme Court asserted its power to review and invalidate laws that conflict with the Constitution, establishing judicial review as a cornerstone of American constitutional law.
