Shelley v. Kraemer: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
(Created page with "{{Infobox Case Brief |court=U.S. Supreme Court |citation=334 U.S. 1 (1948) |date=1948 |subject=Constitutional Law |appealed_from= |case_treatment=No |overturned= |partially_ov...") |
(Quimbee video summary) |
||
| Line 4: | Line 4: | ||
|date=1948 | |date=1948 | ||
|subject=Constitutional Law | |subject=Constitutional Law | ||
|case_treatment=No | |case_treatment=No | ||
|facts=Some people made a contract not to allow Blacks to live in a certain neighborhood. When a Black person bought some land in the neighborhood, they sought judicial remedy. | |facts=Some people made a contract not to allow Blacks to live in a certain neighborhood. When a Black person bought some land in the neighborhood, they sought judicial remedy. | ||
|issues=Whether enforcement by state courts of the restrictive agreements in these cases may be deemed to be the acts of those States; and, if so, whether that action has denied these petitioners the equal protection of the laws which the Amendment was intended to insure. | |issues=Whether enforcement by state courts of the restrictive agreements in these cases may be deemed to be the acts of those States; and, if so, whether that action has denied these petitioners the equal protection of the laws which the Amendment was intended to insure. | ||
Can a racially discriminatory housing covenant be enforced in US courts since it is private discrimination? | |||
|holding=Yes, equal protection has been denied by the State's actions. | |holding=Yes, equal protection has been denied by the State's actions. | ||
|reasons=The actions of state courts and judicial officers in their official capacities are to be regarded as action of the State within the meaning of the 14th amendment. | |reasons=The actions of state courts and judicial officers in their official capacities are to be regarded as action of the State within the meaning of the 14th amendment. | ||
| | |case_text_links={{Infobox Case Brief/Case Text Link | ||
| | |link=https://www.quimbee.com/cases/shelley-v-kraemer | ||
| | |case_text_source=Quimbee video summary | ||
}} | |||
}} | }} | ||
Revision as of 22:08, December 12, 2022
| Shelley v. Kraemer | |
| Court | U.S. Supreme Court |
|---|---|
| Citation | 334 U.S. 1 (1948) |
| Date decided | 1948 |
Facts
Some people made a contract not to allow Blacks to live in a certain neighborhood. When a Black person bought some land in the neighborhood, they sought judicial remedy.
Issues
Whether enforcement by state courts of the restrictive agreements in these cases may be deemed to be the acts of those States; and, if so, whether that action has denied these petitioners the equal protection of the laws which the Amendment was intended to insure.
Can a racially discriminatory housing covenant be enforced in US courts since it is private discrimination?Holding
Yes, equal protection has been denied by the State's actions.
Reasons
The actions of state courts and judicial officers in their official capacities are to be regarded as action of the State within the meaning of the 14th amendment.
