discrimination
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 339 U.S. 282 - Cassell v. Texas · 1950Most cited · 1,211 citing opinions
grand jury selection
Discrimination can arise from the action of commissioners who exclude all negroes whom they do not know to be qualified and who neither know nor seek to learn whether there are in fact any qualified to serve.
How the Supreme Court has restated “discrimination”
Each Supreme Court definition of “discrimination,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “discrimination”
Court decisions citing the 7 opinions that defined “discrimination” — 3,650 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 7 definitions, chronological · 1915–1950
- ORIGINAL
There are two forms of discrimination,—one in the rule and the other in the manner of its enforcement; one in promulgating a discriminatory rule, the other in the unfair enforcement of a reasonable rule. In a suit where the rule of practice itself is attacked as unfair or discriminatory, a question is raised which calls for the exercise of the judgment and discretion of the administrative power which has been vested by Congress in the Commission. But if the carrier's rule, fair on its face, has been unequally applied, and the suit is for damages occasioned by its violation or discriminatory enforcement, there is no administrative question involved, the courts being called on to decide a mere question of fact as to whether the carrier has violated the rule to plaintiff's damage.
carrier rules
Discrimination, like interstate commerce itself, is a practical conception. We must deal in this matter, as in others, with substantial distinctions and real injuries.
Overvaluation resulting from error of judgment will not support a claim of discrimination. There must be something that amounts to an intention, or the equivalent of fraudulent purpose, to disregard the fundamental principle of uniformity.
tax assessment
- 1940·309 U.S. 560 - Tradesmens Nat Bank of Olkahoma City v. Oklahoma Tax Commission[p16]· cited 111×
the various restrictions it places on the permitted methods of taxation are designed to prohibit only those systems of state taxation which discriminate in practical operation against national banking associations or their shareholders as a class
under R.S. § 5219
Discrimination can arise from the action of commissioners who exclude all negroes whom they do not know to be qualified and who neither know nor seek to learn whether there are in fact any qualified to serve.
jury selection
no single sale can violate the Robinson-Patman Act. At least two transactions must take place in order to constitute a discrimination.
Robinson-Patman Act · construing 15 U.S.C. § 13 · Robinson-Patman Act of 1936