795:, and reiterated another recent holding of the court that the titles of bills need only state the general purpose of the act rather than the enumerated specifics. The language of the act was broad enough to allow the board to impose the measure, as well, even if it did not specifically mention it. " does not limit the board to prohibiting the introduction of persons from one portion of the state to ... an infected portion" Nicholls wrote, "but evidently looks as well to the prohibition of the introduction of persons from outside the state into any infected portion of the state"; it would defeat the purpose of the quarantine were it held to bar entry into an afflicted area only to those attempting to enter it from elsewhere in the state, he suggested.
1782:, 21–22 (1900) ("ven if Congress had remained silent on the subject, it would not have followed that the exercise of the police power of the state in this regard, although necessarily operating on interstate commerce, would be therefore invalid. Although, from the nature and subjects of the power of regulating commerce, it must be ordinarily exercised by the national government exclusively, this has not been held to be so where in relation to the particular subject matter different rules might be suitable in different localities. At the same time, Congress could by affirmative action displace the local laws, substitute laws of its own, and thus correct any unjustifiable and oppressive exercise of power by state legislation.").
888:
919:
the states, of taking those actions, White wrote. Compagnie Française had in particular pointed to a treaty concluded with Greece, that had provided in part that Greek vessels coming to the U.S. would carry a certificate from authorities at the point of departure that its passengers and cargo were disease-free. But, White noted, the same section of the treaty allowed for local authorities to quarantine the ship on arrival, either as part of a general measure or if it specifically was found to have sick passengers. The documentation from Greece could not in any event be expected to exempt them since authorities there could not make any determinations about the health of the passengers at the port of arrival.
487:
603:
36:
930:. "So far as the act of 1893 is concerned," White responded, "it is manifest that it did not contemplate the overthrow of the existing state quarantine systems and the abrogation of the powers on the subject of health and quarantine exercised by the states". He declined to go into detail, but included a footnote reprinting a section of the act that directs the service's supervising surgeon general to "cooperate with and aid state and municipal boards of health in the execution and enforcement of the rules and regulations of such boards".
1716: (1824) (" form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government; all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass.
1131:
1117:
939:
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petitioners' primary error was in using as examples laws that excluded from a state objects which might carry disease, such as "criminals, diseased persons and things, and paupers", were not regulating "legitimate" commerce and were thus constitutional. That was true in some of those cases, but, White countered, "this implies no limitation on the power to regulate by health laws the subjects of legitimate commerce."
776:
708:. They argued the state's real objective had been to prevent it from landing Italian immigrants, noting that the board had taken no measures to prevent the entry into New Orleans of Italian immigrants who had disembarked at New York and taken the train to Louisiana, and had allowed other large groups to enter the city later. After the court dismissed the petition for failure to show cause, the
799:
1897 outbreak, Italian emigrants had continued to arrive in New
Orleans by boat, but despite "excited public discussions", the board had concluded it lacked the power to prevent their entry at the time. In September 1898, the board had also been considering the possibility of increased travel to the United States through New Orleans from the Caribbean in the aftermath of the
985:
intrusion upon the exclusive domain of
Congress, that it was not a quarantine law, not an inspection law, and was objectionable because it prohibited the introduction of cattle no matter whether they may do an injury to the inhabitants of a state or not." Brown noted that the state supreme courts of California and Maine had held similarly when faced with such cases.
1525:
840:, meaning it could not recover from the state. Nicholls did not give much credence to the company's claim it had been specifically targeted, either, since it had merely been the first ship so excluded and "there is no reason to suspect that would not have been executed against any other ship or ships which might fall under its terms."
898:
After reiterating the facts of the case and the
Louisiana Supreme Court's holdings, Justice White reduced the company's case to four arguments that were before the U.S. Supreme Court. He decided to treat the first two, the alleged Commerce Clause and Fourteenth Amendment violations, singly since they
798:
The company had also argued that Act 192 did not give the board any powers beyond those previous legislation had granted it. Nicholls dismissed this contention as in direct contradiction to the stated purpose and language of the act, noting also that the legislature had had a good reason. During the
610:
The house quarantines ordered by the Board of Health, enforced by armed guards, aroused resentment in New
Orleans. Despite the possibility of prison for violators, some quarantined residents began sneaking out of their back doors at night. Elsewhere in the state, fear of the disease led to violence.
513:
Businesses, particularly shipping companies, still chafed at the quarantine laws. In 1882 the
Louisiana legislature amended the statutes to require that vessels stopping at the quarantine station pay as much as $ 30 ($ 900 in today's dollars) in fees, depending on their size, with the proceeds going
1079:
as establishing the broad nature of the quarantine power, "the most extreme use of government power over people who have committed no crime." It noted that, as it was at that time, the federal government still largely delegates that power to state and local authorities, which it was concerned could
996:
in conflict with the treaties. The same section of the treaty with Greece that the majority had relied on in dismissing the petitioners' argument also had a provision he quoted, stating that ships with the required documentation from health officers at the port of embarkation were free from disease
950:
declared by the board was "a necessary or proper exercise of the police power". Preventing the entry of healthy individuals into quarantined areas did not seem to him to serve to curtail a disease's spread, but rather to reduce the likelihood that they would become infected in the quarantine area.
918:
Likewise, the treaties
Louisiana had allegedly violated "were not intended to, and did not, deprive the government of the United States of those powers necessarily inhering in it and essential to the health and safety of its people" since they would have deprived the federal government, as much as
914:
Since Act 192 had been constitutional, White continued, it could also not have acted to violate the company's due process rights. "he contention demonstrates its own unsoundness", he wrote, since it amounted to a theory that either the
Fourteenth Amendment had eliminated the police power, or had
910:
Compagnie Française had offered "a most copious reference" to cases where the Court had held states to have overreached into
Congress's domain in their regulations of commerce, White observed. Rather than review them all exhaustively, White wrote, it was enough to say they were "inapposite". The
833:
Nicholls found
Compagnie Française's due process arguments "utterly untenable" as the board's action was necessary under the law; he wondered rhetorically what else it could have done. The passengers had been inconvenienced, he agreed, and the company forced to incur extra expenses, but that was
810:
the company had raised. He found them as baseless as their arguments about the language of Act 192. A decade earlier, he wrote, the U.S. Supreme Court had rejected a claim that the
Fourteenth Amendment changed in any way the states' police power to protect public health and safety, from what the
854:
petition asking the U.S. Supreme Court to hear the case on appeal. It was granted and the Court heard oral arguments in October 1900. At the end of the Court's following term, 20 months later, it handed down its decision affirming the Louisiana Supreme Court. While all nine justices agreed that
984:
from March through October of every year in order to prevent the illness then known as Spanish or Mexican fever from infecting local cattle as an impermissible regulation of interstate commerce, since it did not distinguish between sick and healthy cattle. "The statute was held to be a plain
588:, one of the largest mass lynchings in U.S. history, after the city's popular police chief was killed, supposedly implicating Italians with his last words. Among the many reasons the Italian immigrants were considered undesirable was the belief that they brought diseases into the U.S.
727:
requiring that laws have one goal clearly specified by a title, and in this case the title limited the act to applying to travel within the state, not vessels arriving from outside the state or country. Its application to an international arrival, they argued, also violated the
447:
agency in the U.S., only to dissolve it two years later as ineffectual after an outbreak that year claimed 2,000 lives. These deaths were often exacerbated by local newspapers' refusal to report on the disease, as businesses feared the economic effects of a public panic.
1902:"The police power of a state cannot obstruct foreign commerce or interstate commerce beyond the necessity for its exercise, and under color of it objects not within its scope cannot be secured at the expense of the protection afforded by the federal Constitution."
997:"shall be subjected to no other quarantine than such as may be necessary for the visit of the health officer of the port where such vessels shall have arrived, after which said vessels shall be allowed immediately to enter and unload their cargoes." If the
790:
Nicholls started with the state constitutional claim, and the presumption that the legislature intended Act 192 to be in accordance with the state constitution. He found its title had several clauses which could justify the power to declare and establish a
923:
915:
rendered it unusable. "In other words," he characterized this argument, "that the lawful powers of government which the Constitution has conferred may not be exerted without bringing about a violation of the Constitution."
716:, to put off and returned to New Orleans, where it unloaded its cargo. The company refiled its action as a damage claim, increasing its requested judgement to $ 11,000 and naming the individual board members as defendants.
599:, ordering railroads not to stop there on the way to New Orleans, and fumigating all luggage that travelers had brought back. It told the newspapers that it was willing to spend a million dollars to contain the outbreak.
670:
reached its destination, port officials told the crew it could not unload any passengers. In the interim, the state's Board of Health had placed New Orleans and the neighboring parishes within a hundred miles under a
951:"This is a danger not to the population, but to the immigrants", Brown wrote. "It seems to me that this is a possibility too remote to justify the drastic measure of a total exclusion of all classes of immigrants."
1001:
did not violate that provision, Brown concluded, "I am unable to conceive a state of facts which would" since the Constitution did not grant states the power to pass laws that conflicted with foreign treaties.
391:
challenged the application of quarantine law itself, under the provisions of the Fourteenth Amendment. It has been cited by later courts as holding involuntary quarantines constitutional, as recently as a
595:, spread to New Orleans, where it led to a single death and several cases. The Louisiana Board of Health initiated quarantines on any travelers returning to New Orleans from Ocean Springs or neighboring
537:
that the fee was not a tax and even if it were one, would still have been constitutional as while the federal government had the authority to require and enforce quarantines, it was only exclusive to it
359:
enjoining the state Board of Health from enforcing the quarantine, arguing that the real purpose of the quarantine was to prevent the immigrants from landing in New Orleans; after the court declined the
1101:. He noted that contrary to the petitioners' claim that the Supreme Court had never held restrictions on the movements of healthy individuals during a pandemic constitutional, it had done just that in
2095:
494:
Yellow fever epidemics in the city resumed after the war, when an 1867 outbreak killed 3,000. During this one the Board of Health was active, putting quarantine flags on houses with known cases and
1159:
684:
crew were reportedly additionally told that if they landed anywhere outside of the quarantined area with the intention of offloading their passengers, those areas would be added to the quarantine.
483:
from the city, all vessels were stopped by gunboats and held for 40 days while they were monitored for disease. There were few deaths from yellow fever in New Orleans for the remainder of the war.
1014:
since it was handed down. It is cited in later opinions and commentary as holding constitutional the power to quarantine. The Supreme Court referred to it as such, quoting it at length, in 1913's
1973:
1027:
439:
Many other migrants from elsewhere in the U.S. followed; they proved more susceptible to yellow fever than longtime residents. An 1817 outbreak killed 800 in New Orleans alone, prompting
946:
While he agreed that the power of states to impose quarantines is "so well settled by repeated decisions of this Court as to be no longer open to doubt", Justice Brown did not think the
522:
since the federal government alone had authority to levy one; they further alleged that it was being used for the city of New Orleans' general revenue rather than its stated purpose.
749:
285:
234:
1154:
77:
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in 1824 had recognized them as a justifiable use of state power. Some earlier cases had challenged aspects of quarantine laws such as the taxes collected to fund them, but
2105:
2110:
855:
quarantines were an acceptable use of the police power, they differed on whether Louisiana's exercise of it in this instance had been a permissible use of it. Justice
557:, it was the largest and busiest port on that waterbody. Many of the ships that came to New Orleans from the Gulf often came from warmer countries to the south, where
368:, to be unloaded and then returned to New Orleans to deliver its cargo. The company's complaint against the state for damages was dismissed, a decision upheld by the
543:
510:, led the newspapers to abandon their past practice of downplaying outbreaks to avoid public panics since, they realized, it had actually made the epidemics worse.
479:, dispatching 2,000 troops to dispose of the city's garbage and instituting a quarantine requirement for arriving ships. At a point 70 miles (110 km) down the
273:
2115:
830:, to the effect that the police power "is a power originally and always belonging to the states ... is not interfered with by the Fourteenth Amendment."
2090:
1321:
How Much Is That in Real Money? A Historical Price Index for Use as a Deflator of Money Values in the Economy of the United States: Addenda et Corrigenda
1149:
887:
420:
every few years, and reported cases every summer. Death tolls began increasing, both from the disease and some then-common treatments for it (such as
1987:
903:, the 1886 case, from which he quoted extensively, holding that the states were free to enact and enforce quarantine laws unless Congress decided to
2100:
1526:
That's My Baby: Why the State's Interest in Promoting Public Health Does Not Justify Residual Newborn Blood Spot Research without Parental Consent
580:
began arriving in New Orleans in great numbers; eventually the city would be home to more of them than any other in the South. They were met with
1735:
2120:
1224:
1066:
397:
393:
1381:
1059:
585:
409:
261:
1356:
553:, a physician prior to his legal career, wrote for the Court. He noted that despite being a hundred miles (160 km) upriver from the
2125:
1907:
677:
forbidding the entry of any uninfected persons, a measure the state legislature had authorized the board to take earlier that year. The
860:
818:
253:
40:
1341:
How Much Is That in Real Money? A Historical Price Index for Use as a Deflator of Money Values in the Economy of the United States
2140:
1718:
No direct general power over these objects is granted to Congress, and, consequently, they remain subject to State legislation.
1406:
1062:. "I do not find that prior quarantine case law establishes any unconstitutionality" in how she was dealt with, McNulty wrote.
486:
736:, since only Congress could regulate foreign commerce, and was also banned by treaties with France and Italy, from whence the
331:, were certified as free from disease. At New Orleans, however, the ship was not allowed to land them there nor in any nearby
663:, where all 408 passengers and the ship's cargo were certified as free from disease and allowed to continue to New Orleans.
542:. As it had historically left that to the states, Louisiana could act as it saw fit within the Constitution to exercise its
1220:
1216:
1212:
1204:
1084:
807:
332:
300:, agreed that while quarantine laws were constitutional, Louisiana's went beyond the scope of the state's authority over
1348:
1328:
1051:
724:
1208:
673:
620:
455:
left almost 8,000 residents of New Orleans dead, the state again created a Board of Health and made it permanent. The
440:
337:
1627:
2135:
733:
602:
592:
503:
2015:"Martinko v. Whitmer, Opinion and Order Regarding Plaintiffs' April 23, 2020, Motion for a Preliminary Injunction"
1165:
1144:
688:
2014:
800:
1884:
964:
616:
514:
to fund the board's operations and infrastructure. One New Orleans–based shipper challenged this in court as a
1446:
1669:
1599:
968:, which the majority was "directly in the teeth of". In that 1877 case, the Court unanimously struck down a
927:
764:
741:
660:
624:
530:
499:
452:
433:
369:
277:
125:
116:
2072:
1945:
1016:
740:
had come. Lastly, the company argued, the order barring the landing of the passengers was a denial of its
425:
413:
1951:
1289:
2021:
1969:
1773:
1087:
1031:
856:
836:
639:, owned by the French corporation Compagnie Française de Navigation á Vapeur, left the Sicilian port of
550:
549:"If there is a city in the United States which has need of quarantine laws, it is New Orleans", Justice
269:
249:
183:
69:
436:, lost two wives and his daughter to the disease, which he himself also contracted but recovered from.
1494:
1870:
1529:
1136:
1091:
1022:
876:
868:
467:
began, the city for the first time in the century recorded no deaths from yellow fever. When General
297:
293:
171:
151:
2130:
2054:
784:
596:
356:
301:
163:
826:
1499:
1098:
1043:
981:
904:
872:
745:
713:
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carrying cargo and Italian emigrants, along with some returning U.S. citizens. After stopping in
539:
526:
507:
464:
429:
365:
289:
281:
120:
112:
344:
Compagnie Française de Navigation à Vapeur ("French Steam Navigation Company", in English), the
1339:
1319:
899:
both involved the U.S. Constitution. The first, White argued, had been dealt with at length in
1595:
692:
656:
577:
480:
421:
352:
324:
175:
1177:, 1922 case holding constitutional the exclusion of unvaccinated children from public schools
1707:
1415:
1401:
1335:
1315:
1094:
864:
813:
787:, a former governor of the state, wrote for a unanimous court affirming the district court.
612:
558:
383:
328:
187:
1450:
959:
821:
760:
756:
729:
581:
519:
476:
468:
323:. Before docking there, it had stopped at a state-run quarantine station further down the
230:
143:
101:
Compagnie Francaise de Navigation Ă Vapeur v. State Board of Health, 25 So. 591 (La. 1899)
341:
had been declared on land, forbidding the entry of any uninfected persons into the area.
783:
In March 1899 the state's Supreme Court reached its decision in the case. Chief Justice
2063:
1387:
938:
652:
648:
568:
554:
460:
195:
1890:
268:
of individuals to prevent the spread of disease. Louisiana's quarantine laws, Justice
2084:
1779:
1173:
719:
In this filing the company alleged that Act 192 of the Laws of 1898, authorizing the
534:
444:
257:
1713:
1992:
1169:, case three years later where the Supreme Court upheld laws requiring vaccination.
1071:
1055:
775:
417:
1472:
565:
in the Mississippi Valley had all been identified as having spread from the city.
72:
1550:
1419:
1116:
1047:
515:
320:
159:
1050:, a nurse quarantined for 80 hours after she showed a fever upon her return to
304:, even violating several treaties between the United States and other nations.
1631:
1122:
1112:
926:, specifically an 1893 act of Congress expanding the quarantine powers of the
850:
755:
Again, the district court dismissed the case after the board of health made a
495:
472:
456:
265:
659:. In late September, the vessel duly stopped at the quarantine station, near
922:
The last of the company's four arguments was that Act 192 was superseded by
704:
644:
316:
702:
s passengers, and a judgement of $ 2,500 against the board and its members
763:
existed for Compagnie Francaise. The company appealed the decision to the
111:
State quarantine law is reasonable exercise of police power in absence of
1039:
969:
591:
In September 1897 a yellow fever outbreak believed to have originated in
490:
Gravestone for family killed by 1878 yellow fever outbreak in New Orleans
16:
1902 U.S. Supreme Court case holding state quarantine laws constitutional
572:
Illustration of bodies of lynched Italian immigrants after 1891 incident
2048:
Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health
1591:
Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health
1546:
Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health
687:
The company's agents in New Orleans filed a petition in Orleans Parish
640:
562:
312:
245:
Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health
59:
Compagnie Francaise de Navigation a Vapeur v. Louisiana Board of Health
1042:
on quarantines was sufficient to sustain state officials' defense of
977:
377:
84:
115:, and does not impermissibly affect interstate commerce nor violate
424:
injections), as the city's population grew following its return to
973:
937:
886:
774:
601:
567:
485:
1988:"A Coronavirus Quarantine in America Could Be a Giant Legal Mess"
1628:"Article 31: Laws to Embrace One Object, Expressed In Its Title"
1375:
1373:
972:
law forbidding the transport into the state of any cattle from
212:
White, joined by Fuller, Gray, Brewer, Shiras, Peckham, McKenna
35:
1194:
Some later estimates put the true death toll closer to 12,000.
695:
enjoining the state from enforcing the quarantine against the
443:
to create a New Orleans Board of Health, the first government
1471:
Ducotte, Natalie; Birdwhistell, Benjamin; O'Dwyer, Katheryn.
1160:
List of United States Supreme Court cases by the Fuller Court
432:
three years later. The first American territorial governor,
647:
to pick up more passengers and cargo, it sailed across the
615:
a band of armed residents prevented a train from entering
518:, which they called an unconstitutional violation of the
1862:
1860:
1090:
Chief Judge Christopher Murray dismissed a challenge to
428:
in 1800 and cession to the United States as part of the
1283:
1281:
1279:
1277:
1275:
1273:
1203:
Specifically, the order named the parishes of Orleans,
582:
considerable fear and prejudice from longtime residents
2096:
United States Supreme Court cases of the Fuller Court
1155:
List of United States Supreme Court cases, volume 186
1532:
419, 424; November 2013. Retrieved February 26, 2020
561:
were common, and past epidemics of yellow fever and
1540:
1538:
1520:
1518:
1382:
Morgan's Steamship Co. v. Louisiana Board of Health
1080:complicate a centralized response to any outbreak.
1010:No courts have revisited, reconsidered or modified
224:
216:
208:
203:
132:
105:
97:
92:
64:
54:
47:
26:
907:them, a holding the Court had reaffirmed in 1900.
606:Quarantine camp in Louisiana during 1897 outbreak
525:Four years later, the shipper's case reached the
394:case arising from the 2014 African Ebola epidemic
1585:
1583:
1581:
1579:
1447:"The Grisly Story of America's Largest Lynching"
1067:that year's COVID-19 pandemic coming to the U.S.
962:, Brown argued, but instead to an earlier case,
272:said, were a reasonable exercise of the state's
1473:"Algiers Immigrant Quarantine Detention Center"
375:Quarantine laws had never been challenged, but
1038:, among other cases, in holding that existing
988:Brown also believed that the exclusion of the
863:, wrote for himself and six colleagues in the
859:, a Louisiana native who would later serve as
471:took over control of the city when it fell to
327:, where all 408 passengers, most of whom were
1566:
1564:
1562:
1058:, where she had been treating victims of the
123:clauses or treaties with foreign governments.
27:Compagnie Francaise de Navigation a Vapeur v.
8:
307:The case had arisen in 1898, when the S.S.
1288:Hall, Christie Matherne (March 23, 2018).
627:with similar aims of controlling disease.
23:
1150:List of United States Supreme Court cases
891:Justice White in 1905, three years after
2106:United States civil due process case law
1065:Four years later, as the possibility of
586:in 1891 an angry mob lynched 11 Italians
2111:United States equal protection case law
1553:, 381 (1902).; White, J. Hereafter
1357:"Consumer Price Index (estimate) 1800–"
1256:
1187:
1006:Subsequent jurisprudence and commentary
635:A year after the 1897 outbreak, the SS
463:of New Orleans six years later, as the
237:, various treaties with foreign states
1986:Price, Polly J. (February 16, 2020).
1355:Federal Reserve Bank of Minneapolis.
1020:It has also been cited that way in a
414:New Orleans began suffering outbreaks
264:state laws requiring the involuntary
21:1902 United States Supreme Court case
7:
2116:United States federal preemption law
1668:, 50 La. Ann. 1358 (
1445:Blakemore, Erin (October 25, 2017).
1400:Ulm, Aaron Hardy (August 15, 1957).
1290:"The Saffron Scourge in New Orleans"
954:The Court should have looked not to
824:'s opinion for a unanimous Court in
408:Starting in 1796, when it was under
725:recently adopted state constitution
1267:Foundation Press, NY: 2004, p. 663
1243:the state on steamboats or railcar
1046:in a suit against them brought by
231:U.S. Const. art. I sec. 8 clause 3
41:Supreme Court of the United States
14:
2091:United States Supreme Court cases
817:. Nicholls quoted at length from
533:. Unanimously, the nine justices
276:that conflicted with neither the
1665:Allopathic State Board v. Fowler
1235:Cattle from those jurisdictions
1129:
1115:
502:, which afflicted cities in the
34:
1407:New England Journal of Medicine
811:Court had recognized in 1824's
806:Lastly Nicholls considered the
410:Spanish colonial administration
319:, then across the Atlantic for
2101:1902 in United States case law
723:, violated a provision of the
381:in the Court's opinions since
1:
2121:United States health case law
1265:Criminal Law, Second Edition.
357:Orleans Parish District Court
1402:"Samuel Freeman Miller, M.D"
1349:American Antiquarian Society
1329:American Antiquarian Society
1052:Newark International Airport
848:Compagnie Française filed a
351:s French owner, filed for a
1420:10.1056/NEJM195708152570709
546:and protect public health.
254:United States Supreme Court
2157:
2126:Legal history of Louisiana
901:Morgan's Steamship Company
734:United States Constitution
623:burned a rail bridge near
593:Ocean Springs, Mississippi
48:Argued October 29–30, 1900
1970:205 F.Supp.3d 579
1885:Railroad Company v. Husen
1166:Jacobson v. Massachusetts
1145:1902 in the United States
965:Railroad Company v. Husen
666:Two days later, when the
229:
137:
110:
33:
29:Louisiana Board of Health
2022:Michigan Court of Claims
1475:. New Orleans Historical
504:Lower Mississippi Valley
335:, as it was told that a
1602: 1899).. Hereafter
1596:51 La. Ann. 645
1495:"Yellow Fever Epidemic"
1030:federal district judge
928:Marine Hospital Service
924:federal immigration law
771:Louisiana Supreme Court
765:Louisiana Supreme Court
712:took its passengers to
434:William C. C. Claiborne
370:Louisiana Supreme Court
364:took its passengers to
278:Dormant Commerce Clause
220:Brown, joined by Harlan
126:Louisiana Supreme Court
2141:Anti-Italian sentiment
1604:Compagnie Francaise II
943:
942:Justice Brown, in 1899
895:
780:
607:
573:
491:
1555:Compagnie Francaise I
1263:Bonnie, R.J. et al.,
1083:During the pandemic,
941:
890:
857:Edward Douglass White
837:damnum absque injuria
778:
605:
571:
551:Samuel Freeman Miller
540:if it actually did so
531:its state counterpart
489:
441:the state legislature
1952:230 U.S. 352
1946:Minnesota Rate Cases
1736:140 U.S. 554
1551:186 U.S. 380
1388:118 U.S. 455
1137:United States portal
1023:Minnesota Law Review
1017:Minnesota Rate Cases
877:John Marshall Harlan
869:Henry Billings Brown
801:Spanish–American War
750:Fourteenth Amendment
298:John Marshall Harlan
294:Henry Billings Brown
286:Fourteenth Amendment
50:Decided June 2, 1902
2073:Library of Congress
1932:Compagnie Francaise
1920:Compagnie Francaise
1891:95 U.S. 465
1867:Compagnie Francaise
1852:Compagnie Francaise
1840:Compagnie Francaise
1828:Compagnie Francaise
1816:Compagnie Francaise
1804:Compagnie Francaise
1792:Compagnie Francaise
1760:Compagnie Francaise
1748:Compagnie Francaise
1694:Compagnie Francaise
1682:Compagnie Francaise
1652:Compagnie Francaise
1615:Compagnie Francaise
1571:Compagnie Francaise
1503:. September 7, 1897
1103:Compagnie Francaise
1077:Compagnie Francaise
1060:2014 Ebola outbreak
1036:Compagnie Francaise
1012:Compagnie Francaise
893:Compagnie Francaise
785:Francis T. Nicholls
779:Francis T. Nicholls
389:Compagnie Francaise
302:interstate commerce
2050:is available from:
1965:Hickox v. Christie
1780:176 U.S. 1
1774:Louisiana v. Texas
1524:Whelan, Allison; "
1500:The New York Times
1099:stay-at-home order
1044:qualified immunity
982:Indian reservation
944:
934:Dissenting opinion
896:
781:
761:no cause of action
714:Pensacola, Florida
631:Underlying dispute
608:
578:Italian immigrants
574:
527:U.S. Supreme Court
508:Memphis, Tennessee
492:
430:Louisiana Purchase
366:Pensacola, Florida
329:Italian immigrants
282:Due Process Clause
252:380 (1902), was a
148:Associate Justices
113:federal preemption
83:22 S. Ct. 811; 46
2136:1898 in Louisiana
1954:, 407 (1913).
1893:, 473 (1877).
1714:22 U.S. 1
1026:article. In 2016
992:from New Orleans
808:federal questions
748:rights under the
693:restraining order
657:Mississippi River
576:Around that time
559:tropical diseases
500:The 1878 outbreak
481:Mississippi River
398:COVID-19 pandemic
353:restraining order
325:Mississippi River
241:
240:
176:George Shiras Jr.
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2024:. April 29, 2020
2019:
2011:
2005:
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1967:
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1955:
1949:
1941:
1935:
1929:
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1708:Gibbons v. Ogden
1703:
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999:cordon sanitaire
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883:Majority opinion
867:, while Justice
814:Gibbons v. Ogden
793:cordon sanitaire
742:equal protection
721:cordon sanitaire
701:
683:
674:cordon sanitaire
621:Calcasieu Parish
506:as far north as
453:an 1853 outbreak
384:Gibbons v. Ogden
350:
338:cordon sanitaire
188:Rufus W. Peckham
133:Court membership
117:Equal Protection
38:
37:
24:
2156:
2155:
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730:Commerce Clause
699:
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529:on appeal from
520:Commerce Clause
477:he went further
469:Benjamin Butler
406:
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184:Edward D. White
174:
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162:
144:Melville Fuller
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2055:Google Scholar
2042:
2041:External links
2039:
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2006:
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1956:
1936:
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1875:
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1196:
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689:District Court
653:Gulf of Mexico
649:Atlantic Ocean
632:
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555:Gulf of Mexico
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262:constitutional
239:
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172:Henry B. Brown
152:John M. Harlan
149:
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108:
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55:Full case name
52:
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1869:II, 397–399,
1868:
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861:Chief Justice
858:
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844:Supreme Court
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819:Chief Justice
816:
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204:Case opinions
202:
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193:
189:
185:
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140:Chief Justice
139:
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1993:The Atlantic
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1944:
1939:
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1919:
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1854:II, at 396n2
1851:
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1839:
1835:
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1731:In re Rahrer
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1693:
1689:
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1664:
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1637:February 26,
1635:. Retrieved
1622:
1614:
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1507:February 26,
1505:. Retrieved
1498:
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1466:
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1454:. Retrieved
1440:
1432:
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1395:
1390: (1886).
1380:
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1360:. Retrieved
1340:
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1297:. Retrieved
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617:their parish
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544:police power
524:
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473:Union forces
450:
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418:yellow fever
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382:
376:
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361:
345:
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311:sailed from
308:
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274:police power
270:Edward White
244:
243:
242:
225:Laws applied
191:
179:
167:
155:
93:Case history
76:
58:
18:
1976: 2016).
1934:II, 400–401
1906:, 473–474,
1842:II, 395–396
1830:II, 394–395
1806:II, 390–391
1794:II, 387–390
1672: 1898).
1333:1700–1799:
1313:1634–1699:
1221:St. Charles
1217:Plaquemines
1213:St. Tammany
1205:St. Bernard
1048:Kaci Hickox
746:due process
516:tonnage tax
426:French rule
372:on appeal.
321:New Orleans
256:case which
160:Horace Gray
121:Due Process
2131:Quarantine
2085:Categories
1922:II, at 400
1818:II, at 393
1762:I, 663–664
1750:I, 660–661
1696:I, 659–660
1684:I, 656–658
1632:HathiTrust
1617:II, at 383
1573:II, at 382
1530:Minn L Rev
1251:References
1123:Law portal
1028:New Jersey
851:certiorari
496:fumigating
457:Union Navy
404:Background
292:, Justice
266:quarantine
1654:I, at 646
1209:Jefferson
990:Britannia
960:precedent
738:Britannia
710:Britannia
705:in solido
697:Britannia
679:Britannia
668:Britannia
651:into the
645:Marseille
637:Britannia
475:in 1862,
465:Civil War
362:Britannia
346:Britannia
317:Marseille
309:Britannia
235:Amdt. XIV
128:affirmed.
65:Citations
2046:Text of
1999:March 2,
1435:, at 459
1433:Morgan's
1338:(1992).
1318:(1997).
1225:St. John
1109:See also
1092:Governor
1085:Michigan
1069:loomed,
1040:case law
970:Missouri
956:Morgan's
865:majority
759:arguing
498:spaces.
461:blockade
396:and the
280:nor the
209:Majority
1241:through
905:preempt
873:dissent
732:of the
641:Palermo
563:cholera
422:mercury
313:Palermo
290:dissent
284:of the
217:Dissent
106:Holding
2076:
2070:
2067:
2064:Justia
2061:
2058:
2052:
2028:May 3,
1974:D.N.J.
1968:,
1950:,
1908:Strong
1889:,
1778:,
1734:,
1712:,
1598: (
1594:,
1549:,
1528:", 98
1386:,
1075:cited
1034:cited
980:or an
978:Mexico
691:for a
682:'s
597:Biloxi
451:After
333:parish
260:
248:, 186
194:
192:·
190:
182:
180:·
178:
170:
168:·
166:
158:
156:·
154:
85:L. Ed.
2018:(PDF)
1904:Husen
1871:Brown
1345:(PDF)
1325:(PDF)
1237:could
1223:, or
1182:Notes
1054:from
974:Texas
958:as a
700:'
613:Rayne
378:dicta
349:'
288:. In
98:Prior
2030:2020
2001:2020
1910:, J.
1639:2020
1509:2020
1481:2020
1458:2020
1364:2024
1301:2018
744:and
535:held
258:held
250:U.S.
233:and
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70:U.S.
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1670:La.
1600:La.
1416:doi
1412:257
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416:of
355:in
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