Jones v. Alfred H. Mayer Co.

Jones v. Alfred H. Mayer Co.
Jones v. Alfred H. Mayer Co.
	Supreme Court of the United States
Argued April 1–2, 1968; Decided June 17, 1968
Full case name	Joseph Lee Jones et ux. v. Alfred H. Mayer Co. et al.
Citations	392 U.S. 409 (more) 88 S. Ct. 2186; 20 L. Ed. 2d 1189; 1968 U.S. LEXIS 2980; 1 Empl. Prac. Dec. (CCH) ¶ 9832; 47 Ohio Op. 2d 43
Case history
Prior	Certiorari to the United States Court of Appeals for the Eighth Circuit
Holding
	The Thirteenth Amendment allows Congress to regulate the sale of private property to prevent racial discrimination, as such racial discrimination is a badge of slavery.
Court membership
	Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas; John M. Harlan II · William J. Brennan Jr.; Potter Stewart · Byron White; Abe Fortas · Thurgood Marshall
Case opinions
Majority	Stewart, joined by Warren, Black, Douglas, Brennan, Fortas, Marshall
Concurrence	Douglas
Dissent	Harlan, joined by White
Laws applied
	42 U.S.C. § 1982
	This case overturned a previous ruling or rulings
	Hodges v. United States, 203 U.S. 1 (1906), & Civil Rights Cases, 109 U.S. 3 (1883) (in part)

Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968), is a landmark United States Supreme Court case which held that Congress could regulate the sale of private property to prevent racial discrimination: "[42 U.S.C. § 1982] bars all racial discrimination, private as well as public, in the sale or rental of property, and that the statute, thus construed, is a valid exercise of the power of Congress to enforce the Thirteenth Amendment."

Quick Facts Argued April 1–2, 1968 Decided June 17, 1968, Full case name ...

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The Civil Rights Act of 1866 (passed by Congress over the veto of Andrew Johnson) provided the basis for this decision as embodied by 42 U.S.C. § 1982.

Reversing many precedents, the Supreme Court held that the Civil Rights Act of 1866 prohibited both private and state-backed discrimination and that the 13th Amendment authorized Congress to prohibit private acts of discrimination as among "the badges and incidents of slavery." Congress possessed the power to "determine what are the badges and incidents of slavery, and the authority to translate that determination into effective legislation."

List of United States Supreme Court cases, volume 392
Shelley v. Kraemer (1948), private landowners racial discrimination case

[1]
"Jones v. Alfred H. Mayer Co. 392 U.S. 409 (1968)". Legal Information Institute at Cornell University Law School. Retrieved October 22, 2015. Syllabus: "[T]he badges and incidents of slavery that the Thirteenth Amendment empowered Congress to eliminate included restraints upon those fundamental rights which are the essence of civil freedom, namely, the same right... to inherit, purchase, lease, sell and convey property, as is enjoyed by white citizens. Civil Rights Cases, 09 U.S. 3, 22. Insofar as Hodges v. United States, 203 U.S. 1, suggests a contrary holding, it is overruled." Footnote 78: "[W]e note that the entire Court [in the Civil Rights Cases; content added] agreed upon at least one proposition: the Thirteenth Amendment authorizes Congress not only to outlaw all forms of slavery and involuntary servitude, but also to eradicate the last vestiges and incidents of a society half slave and half free by securing to all citizens, of every race and color, the same right to make and enforce contracts, to sue, be parties, give evidence, and to inherit, purchase, lease, sell and convey property, as is enjoyed by white citizens.... The conclusion of the majority in Hodges rested upon a concept of congressional power under the Thirteenth Amendment irreconcilable with the position taken by every member of this Court in the Civil Rights Cases and incompatible with the history and purpose of the Amendment itself. Insofar as Hodges is inconsistent with our holding today, it is hereby overruled."

Greene, Jamal (November 2012). "Thirteenth Amendment optimism". Columbia Law Review. 112 (7). Columbia Law School: 1733–1768. JSTOR 41708163. Archived from the original on January 7, 2015. Pdf.

^ Text of Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968) is available from: Cornell CourtListener Findlaw Justia Library of Congress Oyez (oral argument audio) vLex

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[Cornell20151022-1] [1]
"Jones v. Alfred H. Mayer Co. 392 U.S. 409 (1968)". Legal Information Institute at Cornell University Law School. Retrieved October 22, 2015. Syllabus: "[T]he badges and incidents of slavery that the Thirteenth Amendment empowered Congress to eliminate included restraints upon those fundamental rights which are the essence of civil freedom, namely, the same right... to inherit, purchase, lease, sell and convey property, as is enjoyed by white citizens. Civil Rights Cases, 09 U.S. 3, 22. Insofar as Hodges v. United States, 203 U.S. 1, suggests a contrary holding, it is overruled." Footnote 78: "[W]e note that the entire Court [in the Civil Rights Cases; content added] agreed upon at least one proposition: the Thirteenth Amendment authorizes Congress not only to outlaw all forms of slavery and involuntary servitude, but also to eradicate the last vestiges and incidents of a society half slave and half free by securing to all citizens, of every race and color, the same right to make and enforce contracts, to sue, be parties, give evidence, and to inherit, purchase, lease, sell and convey property, as is enjoyed by white citizens.... The conclusion of the majority in Hodges rested upon a concept of congressional power under the Thirteenth Amendment irreconcilable with the position taken by every member of this Court in the Civil Rights Cases and incompatible with the history and purpose of the Amendment itself. Insofar as Hodges is inconsistent with our holding today, it is hereby overruled."

[1]

Jones v. Alfred H. Mayer Co.

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Jones v. Alfred H. Mayer Co.
Supreme Court of the United States
Argued April 1–2, 1968 Decided June 17, 1968
Full case name	Joseph Lee Jones et ux. v. Alfred H. Mayer Co. et al.
Citations	392 U.S. 409 (more) 88 S. Ct. 2186; 20 L. Ed. 2d 1189; 1968 U.S. LEXIS 2980; 1 Empl. Prac. Dec. (CCH) ¶ 9832; 47 Ohio Op. 2d 43
Case history
Prior	Certiorari to the United States Court of Appeals for the Eighth Circuit
Holding
The Thirteenth Amendment allows Congress to regulate the sale of private property to prevent racial discrimination, as such racial discrimination is a badge of slavery.
Court membership
Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas John M. Harlan II · William J. Brennan Jr. Potter Stewart · Byron White Abe Fortas · Thurgood Marshall
Case opinions
Majority	Stewart, joined by Warren, Black, Douglas, Brennan, Fortas, Marshall
Concurrence	Douglas
Dissent	Harlan, joined by White
Laws applied
42 U.S.C. § 1982
This case overturned a previous ruling or rulings
Hodges v. United States, 203 U.S. 1 (1906),^[1] & Civil Rights Cases, 109 U.S. 3 (1883) (in part)