Word: upheld
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Dates: during 1960-1969
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...process clause to protect property rights by striking down state economic regulation. On the other, it backed away from using the same clause to bring state criminal-law procedures up to Bill of Rights standards. In the 1942 case of Belts v. Brady, for example, the Court upheld the robbery conviction of a jobless Maryland farm hand who had been too poor to hire a lawyer. The Sixth Amendment's guarantee of the right to counsel applies only in federal courts, said the Court, ruling that states need furnish indigents with lawyers only in "shocking" circumstances...
Firstness of the First. When the Court upheld "non-Communist" loyalty
...oaths for union leaders under the Taft-Hartley Act, Black tartly informed his colleagues that "the First Amendment forbids compromise." When the Court upheld the 1951 conviction of Communist leaders for teaching and advocating violent overthrow of the Government-thereby upholding the Smith Act, heir to World War I's Sedition Act-Black protested that the decision "waters down the First Amendment so that it amounts to little more than an admonition to Congress." He was trying to save principles, not Communists...
...antidiscrimination law, in effect, as a segregation law, "a result exactly opposite to its purpose." Moreover, the court noted that the white children would have to walk no farther to the new school than the old one. By a conventional court test of administrative rulings, the zoning plan was upheld because it was not "arbitrary, capricious or unreasonable...
First-Round Limits. By now, New York's lower courts have gotten the message. In Queens, the first-level State Supreme Court has just upheld the board of education's "pairing" plan to redistribute Negro and white pupils between two schools that are only five blocks apart. The pairing plan is unlikely to produce "oppressive results or hardships," ruled the court, and may in fact produce more teachers and smaller classes for pupils of all races...