Fourteenth Amendment claim (Pennsylvania) · Go Syfert
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Fourteenth Amendment claim in Pennsylvania

17 Pennsylvania opinions name it 3 courts 1959–2026 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Shelley v. Kraemergreen
scotus · 1948 · cited in 2 Pennsylvania opinions naming this issue, 1992–1992
2 sentences

1992See Shelley v. Kraemer, 334 U.S. 1 , 68 S.Ct. 836 , 92 L.Ed. 1161 (1948).

1992See Shelley v. Kraemer, 334 U.S. 1 , 68 S.Ct. 836 , 92 L.Ed. 1161 (1948).

22
James v. Southeastern Pennsylvania Transportation Authoritygreen
pa · 1984 · cited in 3 Pennsylvania opinions naming this issue, 1984–1993
2 sentences

1993The petitioners contend that the discrimination issue in this case should be examined under a strict scrutiny standard, drawn from the categorization stated in James v. SEPTA, 505 Pa. 137 , 477 A.2d 1302 (1984), as follows: Under a typical fourteenth amendment analysis of governmental classifications, there are three different types of classifications calling for three different standards of judicial review.

1993The petitioners contend that the discrimination issue in this case should be examined under a strict scrutiny standard, drawn from the categorization stated in James v. SEPTA, 505 Pa. 137 , 477 A.2d 1302 (1984), as follows: Under a typical fourteenth amendment analysis of governmental classifications, there are three different types of classifications calling for three different standards of judicial review.

13
Chambers v. School District of Philadelphia Board of Educationgreen
ca3 · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Chambers v. School District of Philadelphia Board of Education, 587 F.3d 176, 191 (3d Cir. 2009) (recognizing an exception for adult children who are completely dependent on their parents in nearly every aspect of daily life, such as an adult child who functions on the level of a young child); but see Moreland v. Las Vegas Metropolitan Police Department, 159 F.3d 365, 371 (9th Cir. 1998) (holding that a mother had standing to bring Fourteenth Amendment claim based on the deprivation of her liberty interest arising from the fatal shooting of her adult son). 17 and rights, a retraction justified

11

Distinguished, questioned or overruled (2)

CaseNegativeCited
Bronson v. Central Office Review Committeegreen
pa · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Chambers v. School District of Philadelphia Board of Education, 587 F.3d 176, 191 (3d Cir. 2009) (recognizing an exception for adult children who are completely dependent on their parents in nearly every aspect of daily life, such as an adult child who functions on the level of a young child); but see Moreland v. Las Vegas Metropolitan Police Department, 159 F.3d 365, 371 (9th Cir. 1998) (holding that a mother had standing to bring Fourteenth Amendment claim based on the deprivation of her liberty interest arising from the fatal shooting of her adult son). 17 and rights, a retraction justified

11
cluster 758771green
ca9 · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Chambers v. School District of Philadelphia Board of Education, 587 F.3d 176, 191 (3d Cir. 2009) (recognizing an exception for adult children who are completely dependent on their parents in nearly every aspect of daily life, such as an adult child who functions on the level of a young child); but see Moreland v. Las Vegas Metropolitan Police Department, 159 F.3d 365, 371 (9th Cir. 1998) (holding that a mother had standing to bring Fourteenth Amendment claim based on the deprivation of her liberty interest arising from the fatal shooting of her adult son). 17 and rights, a retraction justified

11

Also cited on this issue (18)

CaseCitedYears
Jackson v. Metropolitan Edison Co. green
scotus · 1974
2 sentences

2008In so ruling, we in turn relied upon a decision of the U.S. Supreme Court, Jackson v. Metropolitan Edison Co., 419 U.S. 345, 95 S.Ct. 449 , 42 L.Ed.2d 477 (1974), which held that state regulation of utility services did not convert interactions between Pennsylvania utility providers and their customers into "state action” for purposes of Fourteenth Amendment analysis.

2008In so ruling, we in turn relied upon a decision of the U.S. Supreme Court, Jackson v. Metropolitan Edison Co., 419 U.S. 345, 95 S.Ct. 449 , 42 L.Ed.2d 477 (1974), which held that state regulation of utility services did not convert interactions between Pennsylvania utility providers and their customers into "state action” for purposes of Fourteenth Amendment analysis.

21978–2008
Spahn v. Zoning Board of Adjustment green
pa · 2009
1 sentence

2026XIV. 6 The Fourteenth Amendment issue is not listed in the statement of questions presented. 7 There is no assertion that Protect PT would have anything other than derivative standing through Ms. Wendell. 5 Spahn v. Zoning Bd. of Adjustment of the City of Philadelphia, 977 A.2d 1132 (Pa. 2009) ([1] mile).

12026–2026
O'Toole v. Pa. Dep't of Corr. green
pacommwct · 2018
1 sentence

2020Chambers v. School District of Philadelphia Board of Education, 587 F.3d 176, 191 (3d Cir. 2009) (recognizing an exception for adult children who are completely dependent on their parents in nearly every aspect of daily life, such as an adult child who functions on the level of a young child); but see Moreland v. Las Vegas Metropolitan Police Department, 159 F.3d 365, 371 (9th Cir. 1998) (holding that a mother had standing to bring Fourteenth Amendment claim based on the deprivation of her liberty interest arising from the fatal shooting of her adult son). 17 and rights, a retraction justified

12020–2020
Cty. Council of Erie v. Cty. Executive green
pacommwct · 1991
1 sentence

2017County Council of County of Erie v. County Executive of County of Erie, 600 A.2d 257 , 259 n.1 (Pa. Cmwlth. 1991).

12017–2017
Coulter v. Ramsden green
pasuperct · 2014
2 sentences

2016See Pa.R.A.P. 302(a); Coulter, supra at 1090 .

2016See Pa.R.A.P. 302(a); Coulter, supra at 1090 .

12016–2016
Graham v. Connor green
scotus · 1989
2 sentences

2000However, we conclude that the holding in Graham v. Connor, 490 U.S. 386 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989), requires that a different standard be applied in this case.

2000However, we conclude that the holding in Graham v. Connor, 490 U.S. 386 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989), requires that a different standard be applied in this case.

12000–2000
Commonwealth v. Kindness green
pasuperct · 1977
2 sentences

1991In Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346 (1977), the appellant, Charles Kindness, raised a Fourteenth Amendment claim, asserting that the district attorney's refusal to admit his case into the ARD program denied him equal protection under the law.

1991In Commonwealth v. Kindness, 247 Pa.Super. 99 , 371 A.2d 1346 (1977), the appellant, Charles Kindness, raised a Fourteenth Amendment claim, asserting that the district attorney's refusal to admit his case into the ARD program denied him equal protection under the law.

11991–1991
California v. LaRue green
scotus · 1973
2 sentences

1990In Replogle v. Commonwealth, Pennsylvania Liquor Control Board, our Supreme Court, noting that “[a] classification recognized by the Twenty-First Amendment cannot be deemed forbidden by the Fourteenth^]” California v. LaRue, 409 U.S. at 115 , 93 S.Ct. at 395 , 34 L.Ed.2d at 350 , saw no need for any kind of Fourteenth Amendment analysis and simply found that the regulation at issue was a valid exercise of the Commonwealth's police powers.

1990In Replogle v. Commonwealth, Pennsylvania Liquor Control Board, our Supreme Court, noting that “[a] classification recognized by the Twenty-First Amendment cannot be deemed forbidden by the Fourteenth^]” California v. LaRue, 409 U.S. at 115 , 93 S.Ct. at 395 , 34 L.Ed.2d at 350 , saw no need for any kind of Fourteenth Amendment analysis and simply found that the regulation at issue was a valid exercise of the Commonwealth's police powers.

11990–1990
Pennsylvania Liquor Control Board v. Spa Athletic Club green
pa · 1984
2 sentences

1990In Pennsylvania Liquor Control Board v. SPA Athletic Club, 506 Pa. 364 , 485 A.2d 732 (1984), the court reviewed the Liquor Code restrictions under the lowest level of scrutiny under a Fourteenth Amendment analysis, whether there is a rational basis for the regulation at issue.

1990In Pennsylvania Liquor Control Board v. SPA Athletic Club, 506 Pa. 364 , 485 A.2d 732 (1984), the court reviewed the Liquor Code restrictions under the lowest level of scrutiny under a Fourteenth Amendment analysis, whether there is a rational basis for the regulation at issue.

11990–1990
Wisconsin v. J. C. Penney Co. green
scotus · 1941
2 sentences

1982Penney, 311 U.S. 435 , 61 S.Ct. 246 , 85 L.Ed. 267 (1940) the Supreme Court upheld the validity of a state tax on the privilege of declaring and receiving dividends out of income derived from property located and business transacted in the state, in the face of a Fourteenth Amendment challenge. 15 .

1982Penney, 311 U.S. 435 , 61 S.Ct. 246 , 85 L.Ed. 267 (1940) the Supreme Court upheld the validity of a state tax on the privilege of declaring and receiving dividends out of income derived from property located and business transacted in the state, in the face of a Fourteenth Amendment challenge. 15 .

11982–1982
Carmichael v. Southern Coal & Coke Co. green
scotus · 1937
2 sentences

1982The fourth prong of the four part test of Complete Auto Transit v. Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977), for Commerce Clause scrutiny of state taxes, as refined in Commonwealth Edison Co. v. Montana, 453 U.S. 609 , 101 S.Ct. 2946 , 69 L.Ed.2d 884 (1981) is derivative of Carmichael v. Southern Coal & Coke Co., 301 U.S. 495 , 57 S.Ct. 868 , 81 L.Ed. 1245 (1937), Wisconsin v. J.

1982The fourth prong of the four part test of Complete Auto Transit v. Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977), for Commerce Clause scrutiny of state taxes, as refined in Commonwealth Edison Co. v. Montana, 453 U.S. 609 , 101 S.Ct. 2946 , 69 L.Ed.2d 884 (1981) is derivative of Carmichael v. Southern Coal & Coke Co., 301 U.S. 495 , 57 S.Ct. 868 , 81 L.Ed. 1245 (1937), Wisconsin v. J.

11982–1982
Complete Auto Transit, Inc. v. Brady green
scotus · 1977
2 sentences

1982The fourth prong of the four part test of Complete Auto Transit v. Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977), for Commerce Clause scrutiny of state taxes, as refined in Commonwealth Edison Co. v. Montana, 453 U.S. 609 , 101 S.Ct. 2946 , 69 L.Ed.2d 884 (1981) is derivative of Carmichael v. Southern Coal & Coke Co., 301 U.S. 495 , 57 S.Ct. 868 , 81 L.Ed. 1245 (1937), Wisconsin v. J.

1982The fourth prong of the four part test of Complete Auto Transit v. Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977), for Commerce Clause scrutiny of state taxes, as refined in Commonwealth Edison Co. v. Montana, 453 U.S. 609 , 101 S.Ct. 2946 , 69 L.Ed.2d 884 (1981) is derivative of Carmichael v. Southern Coal & Coke Co., 301 U.S. 495 , 57 S.Ct. 868 , 81 L.Ed. 1245 (1937), Wisconsin v. J.

11982–1982
Commonwealth Edison Co. v. Montana green
scotus · 1981
2 sentences

1982The fourth prong of the four part test of Complete Auto Transit v. Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977), for Commerce Clause scrutiny of state taxes, as refined in Commonwealth Edison Co. v. Montana, 453 U.S. 609 , 101 S.Ct. 2946 , 69 L.Ed.2d 884 (1981) is derivative of Carmichael v. Southern Coal & Coke Co., 301 U.S. 495 , 57 S.Ct. 868 , 81 L.Ed. 1245 (1937), Wisconsin v. J.

1982The fourth prong of the four part test of Complete Auto Transit v. Brady, 430 U.S. 274 , 97 S.Ct. 1076 , 51 L.Ed.2d 326 (1977), for Commerce Clause scrutiny of state taxes, as refined in Commonwealth Edison Co. v. Montana, 453 U.S. 609 , 101 S.Ct. 2946 , 69 L.Ed.2d 884 (1981) is derivative of Carmichael v. Southern Coal & Coke Co., 301 U.S. 495 , 57 S.Ct. 868 , 81 L.Ed. 1245 (1937), Wisconsin v. J.

11982–1982
Cannon v. United States green
scotus · 1886
2 sentences

1981Cf. Yick Wo v. Hopkins, 118 U.S. 356 , 6 S.Ct. 1064 , 30 L.Ed. 220 .

1981Cf. Yick Wo v. Hopkins, 118 U.S. 356 , 6 S.Ct. 1064 , 30 L.Ed. 220 .

11981–1981
Yick Wo v. Hopkins green
scotus · 1886
2 sentences

1981Cf. Yick Wo v. Hopkins, 118 U.S. 356 , 6 S.Ct. 1064 , 30 L.Ed. 220 .

1981Cf. Yick Wo v. Hopkins, 118 U.S. 356 , 6 S.Ct. 1064 , 30 L.Ed. 220 .

11981–1981
Swain v. Alabama red
scotus · 1965
2 sentences

1981In these circumstances, giving even the widest leeway to the operation of irrational but trial-related suspicions and antagonisms, it would appear that the purposes of the peremptory challenge are being perverted. 380 U.S. 223 -224, 85 S.Ct. at 837-838 .

1981In these circumstances, giving even the widest leeway to the operation of irrational but trial-related suspicions and antagonisms, it would appear that the purposes of the peremptory challenge are being perverted. 380 U.S. 223 -224, 85 S.Ct. at 837-838 .

11981–1981
Hughes v. Superior Court of Cal. for Contra Costa Cty. green
scotus · 1950
1 sentence

1959In Hughes v. Superior Court, 339 U. S. 460 , the Court held that the Fourteenth Amendment did not bar use of the injunction to prohibit picketing of a place of business solely to secure compliance with a demand that its employees be hired in percentage to the racial origin of its customers. . . .

11959–1959
International Brotherhood of Teamsters v. Hanke green
scotus · 1950
1 sentence

1959“On the same day, the Court decided Teamsters Union v. Hanke, 339 U. S. 470 , holding that a State was not restrained by the Fourteenth Amendment from enjoining picketing of a business, conducted by the owner himself without employees, in order to secure compliance with a demand to become a union shop. . . .

11959–1959

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 30 (1969–2026) TX 26 (1971–2026) WA 18 (1965–2023) PA 17 (1959–2026) NJ 17 (1977–2020) WI 16 (1938–2025) IN 16 (1979–2020) OH 15 (1956–2016) AL 13 (1951–2007) IL 12 (1973–2021) GA 12 (1968–2019) FL 11 (1976–2026) NY 11 (1926–2023) MD 11 (1973–2024) LA 11 (1991–2024) IA 10 (1979–2022) OR 10 (1954–2021) MI 9 (1975–2020) CO 9 (1975–2025) AZ 9 (1958–2018) MO 9 (1970–1996) UT 8 (1993–2024) MS 7 (1987–1999) KS 6 (1987–2022) HI 6 (1978–2025) NC 6 (1980–2023) AR 4 (1997–2004) NV 4 (1978–1999) ME 4 (1970–2025) OK 4 (1985–2019) DE 4 (1973–2015) VA 4 (1993–2023) MA 3 (1982–2025) KY 3 (1993–2004) MT 3 (1976–1995) NM 3 (1990–2005) WY 3 (1978–1994) DC 3 (1972–1975) TN 3 (1979–2013) RI 3 (1981–2000) ID 3 (1983–2020) SC 2 (1995–2004) MN 2 (2006–2011) WV 2 (1983–1985) CT 2 (2002–2007) NH 2 (1984–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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