1. CONSTITUTIONAL LAW CLASS 29 Economic Substantive Due Process Part II March 19, 2008

2. Adkins v. Children’s Hospital Majority by: Sutherland Joined by: McKenna, Van Devanter, McReynolds, Butler Dissent by: Taft Joined by: Sanford Dissent by: Holmes Brandeis did not participate

3. Weaver v. Palmer Bros. Co. (1926) [C p. 527]One Majority opinion by Butler (joined by the other 3 Horsemen: Sutherland, McReynolds, Van Devanter as well as Sanford) Dissent by Holmes, joined by Brandeis and Stone

4. Justices Born on St. Paddy’s Day Roger Brooke Taney Pierce Butler Near misses: Ruth Bader Ginsburg (3/15), Antonin Scalia (3/11), Earl Warren (3/19), Sandra Day O’Connor (3/26)

5. Nebbia v. New York (1934) [C p. 539] Majority by: Roberts Joined by: Hughes, Brandeis, Stone, Cardozo Dissent by: McReynolds Joined by: Van Devanter, Sutherland, Butler (the 4 Horsemen)

6. West Coast Hotel v. Parrish (1937) [C. 541] Majority by: Hughes Joined by: Brandeis, Stone, Roberts, Cardozo Dissent by: Sutherland Joined by: Van Devanter, McReynolds, Butler (the 4 Horsemen)

7. United States v. Carolene Products Co. (1938) [C p. 543] Majority by: Stone Joined by: Hughes, Brandeis, Roberts, Black (except the part designated "Third") Concurrence by: Butler Dissent by: McReynolds Reed, Cardozo took no part in the consideration or decision of the case.

8. Williamson v. Lee Optical (1955) [C p. 545] Unanimous Opinion by Douglas (joined by Warren, Black, Reed, Frankfurter, Burton, Clark, Minton, Harlan)

9. Ferguson v. Skrupa (1963) C p. 546] Unanimous Opinion of the Court by Black Separate Concurrence by Harlan

10. BMW of North America v. Gore (1996) [C p. 547] Majority by: Stevens Joined by: O'Connor, Kennedy, Souter, Breyer Concurrence by: Breyer Joined by: O'Connor, Souter Dissent by: Scalia Joined by: Thomas Dissent by: Ginsburg Joined by: Rehnquist

11. State Farm Mutual Automobile Ins. Co. v. Campbell (2003) [C p. 551] 6-3 Majority opinion by Kennedy joined by Rehnquist, Souter, O’Connor, Stevens, Breyer Dissents by Scalia, Thomas, Ginsburg

12. Philip Morris USA v. Williams (2007) [Supp. 83] Opinion of the Court by Breyer joined by Alito, Kennedy, Roberts, and Souter Dissent by Stevens Dissent by Thomas Dissent by Ginsburg, joined by Scalia and Thomas

13. Exxon Shipping Co. v. Baker Oral argument: February 27, 2008 (granted expanded oral argument of 45 minutes per side – ie. an extra 15 minutes each) Decision expected by summer The issue is not the constitutionality under due process, rather under maritime law