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“It has been recognized that the action of state courts in enforcing a substantive common-law rule formulated by those courts, may result in the denial of rights guaranteed by th
“The Constitution cannot control such prejudices but neither can it tolerate them. Private biases may be outside the reach of the law, but the law cannot, directly or indirectly,
“We have sometimes said that these categories of expression are ‘not within the area of constitutionally protected speech,’ or that ‘protection of the first amendment does
“We conclude for several reasons that the Court of Appeals erred in holding mental retardation a quasi-suspect classification calling for a more exacting standard of judicial rev
“In approaching this problem, we cannot turn the clock back to 1868 when the amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public e
“It may fairly be said that leaving accommodation to the political process will place at a disadvantage those religious practices that are not widely engaged in; but that unavoid
“While due process protection in the substantive sense limits what government may do in both its legislative and in its executive capacities, criteria to identify what is fatally
“We emphasize that nothing in our opinion prevents any state from placing further restrictions on the exercise of the takings power.”
“Considerations of stare decisis are at their acme in case involving property and contract rights…The opposite is true in cases such as the present one involving procedural and
“The present case does not involve minors…It does not involve public conduct or prostitution. It does not involve whether government must give formal recognition to any relatio
“This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to st
Question before us is whether the class of persons described...compose a portion of [the sovereign] people, and are constituent members of the sovereign people
“By the time the States ratified the Fourteenth Amendment, public schools had become relatively common. If students in public schools were originally understood as having [these]
“But it is also true that many decisions, even some that were questionable or controversial when rendered, have become part of the Fabric of American Life… Examples might inclu
“As we give deference to an association’s assertions regarding the nature of its expression, we must also give deference to an association’s view of what would impair its exp
“The appellee’s ultimate argument rests upon the presumption, common in criminal and civil law, that a person intends the natural and probable consequences of his voluntary act
“It is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound when she learns, only after the event,
By patching together bits and pieces of what might be termed quasi-suspect-class and quasi-fundamental-rights analysis, the Court spins out a theory custom-tailored to the facts of
“To say that a decision is so thoroughly embedded in our national life that it should not be overruled, even though clearly wrong, is not necessarily to say that its principle sh
“Against this background, to claim that a right to engage in conduct that is ‘deeply rooted in this nation’s history or tradition’ or is ‘implicit in the concept of order

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