Case Citator › Thurlow v. Massachusetts

Thurlow v. Massachusetts

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
46 U.S. 504
Decided
Confirmed treatments
1
Flagged citations read
33 of 33
Citing cases (total)
33
Treatment dates
1890
Overruled in part
A reviewed court has overruled part of this case’s holding. The License Cases reported at 46 U.S. 504 were overruled in part: all 33 flagged citations have been read, and the confirmed treatment is listed below. Leisy v. Hardin expressly displaced the rule of Peirce v. New Hampshire, one of the decisions reported under this citation.
More on how this was screened

Thurlow v. Massachusetts sustained the Massachusetts liquor law; Leisy did not overrule that decision or the companion Rhode Island decision, Fletcher v. Rhode Island. The Constitution Annotated lists this citation as overruled by Leisy.

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.

33 later cases cite Thurlow v. Massachusetts; 33 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.

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Treatments

Overruled in part

  • The Supreme Court held that Peirce v. New Hampshire's basis for upholding the New Hampshire liquor law had been overthrown.

    Leisy v. Hardin · Supreme Court of the United States · filed

    The authority of Peirce v. New Hampshire, in so far as it rests on the view that the law of New Hampshire was valid because Congress had made no regulation on the subject, must be regarded as having been distinctly overthrown by the numerous cases hereinafter referred to.
    Read the full opinion on CourtListener →

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