Legal Opinion · Dissent

United States Trust Co. of NY v. New Jersey

Supreme Court of the United States

Decided April 27, 1977No. 75-1687Published

1DissentJustice Brennan, joined by Justice White and Justice Marshall

Decisions of this Court for at least a century have construed the Contract Clause largely to be powerless in binding a State to contracts limiting the authority of successor legislatures to enact laws in furtherance of the health, safety, and similar collective interests of the polity. In short, those decisions established the principle that lawful exercises of a State’s police powers stand paramount to private rights held under contract. Today’s decision, in invalidating the New Jersey Legislature’s 1974 repeal of its predecessor’s 1962 covenant, rejects this previous understanding and…

2Cases cited47 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Shapiro v. ThompsonSupreme Court of the United States · 1969
  3. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  4. Whalen v. RoeSupreme Court of the United States · 1977
  5. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934

42 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API