Sunday, June 1, 2008

On Shelley v. Kraemer

In Shelley v. Kraemer, decided in 1948, the United States Supreme Court held that state judicial enforcement of racially restrictive covenants constituted state action violative of the Equal Protection Clause of the Fourteenth Amendment. The vote in the case: 6-0. Three justices (Robert Jackson, Stanley Reed, and Wiley Rutledge) did not participate in the case as each were owners of property covered by the challenged covenants.

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