Case Citator › Edwards v. Kearzey

Edwards v. Kearzey

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

Questioned by some courts
Court
Supreme Court of the United States
Citation
96 U.S. 595
Decided
Confirmed treatments
1
Flagged citations read
18 of 18
Citing cases (total)
18
Treatment dates
1987
Questioned by some courts
At least one reviewed court has questioned this case’s reasoning or continued validity. No reviewed court has overruled it. Edwards v. Kearzey's strict approach to the Contract Clause has been questioned. The Supreme Court held that North Carolina could not apply a materially larger homestead exemption to debts under earlier contracts when that change substantially impaired the creditors' remedies.
More on how this was screened

All 18 flagged citations have been read. The one confirmed treatment is listed below; several other courts continue to invoke Edwards, while later decisions use a more flexible inquiry into substantial impairment and public purpose.

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.

18 later cases cite Edwards v. Kearzey; 18 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 Edwards v. Kearzey?

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

Questioned

  • The bankruptcy court said later Supreme Court decisions cast doubt on Edwards's older, stricter approach to the Contract Clause, while acknowledging that Edwards had not been expressly overruled.

    In re Punke · U.S. Bankruptcy Court for the Northern District of Iowa · filed

    While Edwards and the cases it derived from have never been expressly overruled, ... modern decisions have cast considerable doubt on the continued viability of the old view.
    Read the full opinion on CourtListener →

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