Ex parte Milligan (1866)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Lambdin Milligan, a civilian in Indiana, was arrested during the Civil War and tried by a military tribunal for alleged disloyal activities. The Supreme Court held that trying civilians in military courts is unconstitutional when civilian courts are open and functioning.

3) Why It Mattered
This case set a powerful precedent protecting civil liberties during wartime. It declared that the Constitution applies “equally in war and in peace.”

Administrative Procedure Act (1946)

1) Link to the Text of the Act
Read the statute (5 U.S.C. §§ 551–559, 701–706)

2) Why It Was Done
Passed in the aftermath of the New Deal, the APA established a uniform process for federal agency rulemaking, adjudication, and judicial review, ensuring agencies operate with transparency and accountability.

3) Pre-existing Law or Constitutional Rights
Before the APA, agencies exercised broad, often unchecked authority. The Act codified due process principles for administrative action, grounded in the Fifth Amendment, and created standards for court review of agency decisions.

Loving v. Virginia (1967)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Richard and Mildred Loving, an interracial couple, were convicted under Virginia law banning interracial marriage. The Supreme Court unanimously struck down the law, ruling that it violated the Equal Protection Clause and the Due Process Clause of the 14th Amendment.

3) Why It Mattered
This case ended all race-based legal restrictions on marriage in the United States. It became a cornerstone of civil rights jurisprudence and later informed cases about marriage equality.

Roe v. Wade (1973)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Jane Roe (a pseudonym) challenged a Texas law that criminalized most abortions. The Supreme Court ruled 7–2 that the right to privacy under the Due Process Clause of the 14th Amendment encompasses a woman’s decision to have an abortion. The Court established a trimester framework balancing women’s rights with state interests.

Planned Parenthood v. Casey (1992)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Pennsylvania enacted abortion restrictions, including spousal notification, parental consent for minors, and informed consent requirements. The Supreme Court reaffirmed the core holding of Roe v. Wade but replaced the trimester framework with the “undue burden” test: states cannot place substantial obstacles in the path of a woman seeking an abortion before fetal viability.

Criminal Justice & Due Process – Timeline of Key Acts

Federal criminal justice reform has focused on balancing law enforcement authority with constitutional protections for individuals. Below is a timeline of major acts that continue to shape modern due process and sentencing.

Civil Asset Forfeiture Reform Act (CAFRA, 2000)

• Established procedural safeguards for property owners in civil forfeiture cases.
• Required the government to prove forfeiture cases by a preponderance of evidence.
• Created an “innocent owner” defense and hardship release provisions.

First Step Act (2018)

• Major bipartisan sentencing and prison reform law.
• Reduced mandatory minimums for certain drug crimes, expanded the “safety valve” exception.
• Made the Fair Sentencing Act (2010) retroactive, addressing crack/powder cocaine disparities.
• Expanded rehabilitation and early release opportunities for federal prisoners.

Why It Matters Today

These reforms:

Lawrence v. Texas (2003)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Two men were arrested in Texas for engaging in consensual same-sex intimacy under a state sodomy law. The Supreme Court struck down the law, holding that it violated the liberty and privacy rights protected by the Due Process Clause of the 14th Amendment. The Court explicitly overturned Bowers v. Hardwick (1986).

Hamdan v. Rumsfeld (2006)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
Salim Hamdan, Osama bin Laden’s former driver, was detained at Guantanamo Bay and slated for trial by a military commission created by President Bush. The Supreme Court ruled that the commissions lacked authorization from Congress and violated both the Uniform Code of Military Justice (UCMJ) and the Geneva Conventions.

3) Why It Mattered
This case was a major check on executive power during the War on Terror, reaffirming that the President cannot unilaterally create courts outside constitutional and statutory limits.

Obergefell v. Hodges (2015)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
James Obergefell and other same-sex couples challenged state bans on same-sex marriage. The Supreme Court ruled 5–4 that the 14th Amendment’s Due Process and Equal Protection Clauses guarantee the fundamental right to marry for same-sex couples.

3) Why It Mattered
The decision legalized same-sex marriage nationwide, making marriage equality the law of the land.

Dobbs v. Jackson Women’s Health Organization (2022)

1) Link to the Actual Opinion
Read the Supreme Court opinion (PDF)

2) Summary of the Opinion
Mississippi passed a law banning most abortions after 15 weeks of pregnancy, directly challenging Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). The Supreme Court, in a 6–3 decision, upheld the law and explicitly overruled Roe and Casey, holding that the Constitution does not confer a right to abortion.