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Cohens v. Virginia

United States Supreme Court
19 U.S. (6 Wheat.) 264, 5 L. Ed. 257 (1821)

Written by Heather Whittemore, JD

Facts

The Cohen brothers (defendants) were charged with selling lottery tickets in violation of a law of the State of Virginia (plaintiff). In state court, the Cohens claimed that their actions were legal under federal law. The Virginia court analyzed the relevant state and federal laws and determined that the Cohens were guilty of violating Virginia law. The Cohens appealed the case to the United States Supreme Court. Virginia moved to dismiss the case, arguing that the United States Supreme Court lacked jurisdiction over the case.

Rule of Law

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Issue

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Holding and Reasoning (Marshall, C.J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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