Case Citator › Shapiro v. Thompson

Shapiro v. Thompson

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
394 U.S. 618
Decided
Confirmed treatments
2
Flagged citations read
151 of 151
Citing cases (total)
3,065
Treatment dates
1974–1978
Overruled in part
A reviewed court has overruled part of this case’s holding. Shapiro v. Thompson is overruled in part but remains binding on its core right-to-travel holding: all 151 flagged citations have been read, with the 2 confirmed treatments listed below. Edelman v. Jordan overruled Shapiro's Eleventh Amendment treatment of retroactive state-treasury relief, and Califano v. Torres declined to extend Shapiro to require continued superior benefits after a recipient moved to Puerto Rico.
More on how this was screened

The other opinions applied Shapiro, distinguished bona fide residence requirements within Shapiro's own boundary, reported Edelman's act, or used the nearby treatment language for other authority.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

3,065 later cases cite Shapiro v. Thompson; 151 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Shapiro v. Thompson?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Court overruled Shapiro's Eleventh Amendment holding to the extent Shapiro permitted retroactive monetary relief payable from a state treasury.

    Edelman v. Jordan · Supreme Court of the United States · filed

    Shapiro v. Thompson and these three summary affirmances obviously are of precedential value in support of the contention that the Eleventh Amendment does not bar the relief awarded by the District Court in this case. Equally obviously, they are not of the same precedential value as would be an opinion of this Court treating the question on the merits. Since we deal with a constitutional question, we are less constrained by the principle of stare decisis than we are in other areas of the law. Having now had an opportunity to more fully consider the Eleventh Amendment issue after briefing and argument, we disapprove the Eleventh Amendment holdings of those cases to the extent that they are inconsistent with our holding today.
    Read the full opinion on CourtListener →

Limited

  • The Court declined to extend Shapiro's right-to-travel rule to require that people moving to Puerto Rico continue receiving benefits superior to those available to other Puerto Rico residents.

    Califano v. Torres · Supreme Court of the United States · filed

    In the present cases the District Court altogether transposed that proposition. It held that the Constitution requires that a person who travels to Puerto Rico must be given benefits superior to those enjoyed by other residents of Puerto Rico if the newcomer enjoyed those benefits in the State from which he came. This Court has never held that the constitutional right to travel embraces any such doctrine, and we decline to do so now.
    Read the full opinion on CourtListener →

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