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New Orleans v. Dukes

United States Supreme Court
427 U.S. 297 (1976)


Facts

New Orleans (defendant) enacted an ordinance prohibiting all pushcart food vendors from operating within the French Quarter, but provided an exception for vendors who had been operating in the French Quarter for at least eight years. Dukes (plaintiff) did not qualify under the exception, and challenged the ordinance.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Per Curiam)

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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