Slaughter-House Cases
Slaughter-House Cases (1873)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Louisiana created a state-licensed slaughterhouse monopoly to regulate butchers. Independent butchers argued it violated the Privileges or Immunities Clause of the 14th Amendment. The Supreme Court upheld the monopoly and gave the Clause a very narrow interpretation, limiting it to rights of national citizenship, not state-level rights.
3) Why It Mattered
This was the Court’s first major interpretation of the 14th Amendment. It essentially gutted the Privileges or Immunities Clause, forcing later civil rights arguments to rely on Due Process and Equal Protection instead.
4) What It Provided or Took Away
- Took Away: Broad protection under the Privileges or Immunities Clause.
- Provided: States wide leeway to regulate economic activity without federal interference.
5) Overreach or Proper Role?
Many scholars see this as judicial underreach — the Court dodged the Amendment’s transformative purpose and weakened post-Civil War protections.
6) Plain-English Impact Today
Because of this decision, the Privileges or Immunities Clause plays almost no role in protecting rights. Civil rights litigation shifted to other parts of the 14th Amendment.