Hepburn v. Griswold
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Although Knox said it overruled “so much” of Hepburn as decided that issue, that was Hepburn's controlling constitutional holding. The Supreme Court later described Hepburn in Juilliard v. Greenman as “the earlier case of Hepburn v. Griswold, 8 Wall. 603, which those cases overruled.” The other opinions applied Hepburn while it stood or reported Knox's treatment without independently acting on it.
11 later cases cite Hepburn v. Griswold; 11 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 Hepburn v. Griswold?
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
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The Supreme Court overruled Hepburn's holding that the Legal Tender Acts were unconstitutional when applied to contracts made before their enactment.
Knox v. Lee · Supreme Court of the United States · filed
But, without extending our remarks further, it will be seen that we hold the acts of Congress .constitutional as applied to contracts tnade either before or after their passage. In so holding, Ave overrule so much of Avhat was decided in Hepburn v. Griswold,* as ruled the acts unwarranted by the Constitution so far as they apply to contracts made before their enactment.
Read the full opinion on CourtListener →
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