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Slaughterhouse Cases
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Slaughterhouse Cases

Two related US Supreme Court cases (The Butchers' Benevolent Association of New Orleans v. The Crescent City Livestock Landing and Slaughter Co.; Esteban v. Louisiana) of 1873 brought against the Louisiana legislature for its law granting one slaughterhouse exclusive rights to operate in New Orleans. The suits claimed that this monopoly was in violation of the privileges and immunities clause of the Fourteenth Amendment because it prevented citizens from pursuing the professions of their choice. The Court upheld the Louisiana monopoly statute by 5 to 4, implementing a narrow interpretation of the Fourteenth Amendment that left the protection of most civil rights to state governments.
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Bitzer is right, does this suggest that the premise of The Slaughter-house Cases was in some ways fundamentally mistaken?
Holistic interpretation: Fitzpatrick v. Bitzer and our bifurcated ... by Jackson, Vicki C. / Stanford Law Review
It was only following the Civil War with the Slaughter-House Cases,(6) that the Court attempted to discern the meaning behind those broad phrases of the Fourteenth Amendment--"privileges and immunities," "equal protection," and "due process"--and limits began to emerge.
Substantive due process resurrected through the takings clause: ... by Sullivan, Edward J. / Environmental Law
7) In fact, an opponent of these arguments commented last year that, "`[e]veryone,' we're told, now agrees that the Supreme Court took a wrong turn in the Slaughter-House Cases in 1873, when a narrow majority read the [Clause] out of the Constitution by construing it into irrelevancy.
Answering Justice Thomas in Saenz: granting the Privileges or ... by Shaffer, Derek / Stanford Law Review
 
 
 
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