Justice Cardozo's opinion held that Connecticut could permit the prosecution to appeal substantial legal errors and retry the defendant without violating the Fourteenth Amendment, even though the second trial resulted in a first-degree murder conviction and a death sentence.
Supreme Court of the United States, 1937
Published opinions from 1937. The case name opens the case page.
1937 opinions
Chief Justice Hughes delivered the Court’s opinion sustaining the National Labor Relations Act as applied to Jones & Laughlin’s discriminatory discharge of union-active employees.
The Supreme Court held that the retroactive tax provision of the Silver Purchase Act of 1934 does not violate the Due Process Clause of the Fifth Amendment. Accordingly, the Court reversed the Court of Claims judgment that had declared the tax invalid.
Chief Justice Hughes, writing for the unanimous participating Court, held that the Fourteenth Amendment protects peaceable assembly as a fundamental right and that Oregon could not criminally punish De Jonge merely for assisting at a lawful, orderly public meeting held under Communist Party auspices.