Jones v. Alfred H. Mayer Co.
Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968), is a landmark United States Supreme Court case which held that Congress could regulate the sale of private property to prevent racial discrimination: "[42 U.S.C. § 1982] bars all racial discrimination, private as well as public, in the sale or rental of property, and that the statute, thus construed, is a valid exercise of the power of Congress to enforce the Thirteenth Amendment."
| Jones v. Alfred H. Mayer Co. | |
|---|---|
Supreme Court of the United States | |
| Argued April 1–2, 1968 Decided June 17, 1968 | |
| Full case name | Joseph Lee Jones et ux. v. Alfred H. Mayer Co. et al. |
| Citations | 392 U.S. 409 (more) |
| Case history | |
| Prior | Certiorari to the United States Court of Appeals for the Eighth Circuit |
| Holding | |
| The Thirteenth Amendment allows Congress to regulate the sale of private property to prevent racial discrimination, as such racial discrimination is a badge of slavery. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Stewart, joined by Warren, Black, Douglas, Brennan, Fortas, Marshall |
| Concurrence | Douglas |
| Dissent | Harlan, joined by White |
| Laws applied | |
| 42 U.S.C. § 1982 | |
This case overturned a previous ruling or rulings | |
| Hodges v. United States, 203 U.S. 1 (1906), & Civil Rights Cases, 109 U.S. 3 (1883) (in part) | |
The Civil Rights Act of 1866 (passed by Congress over the veto of Andrew Johnson) provided the basis for this decision as embodied by 42 U.S.C. § 1982.
Reversing many precedents, the Supreme Court held that the Civil Rights Act of 1866 prohibited both private and state-backed discrimination and that the 13th Amendment authorized Congress to prohibit private acts of discrimination as among "the badges and incidents of slavery." Congress possessed the power to "determine what are the badges and incidents of slavery, and the authority to translate that determination into effective legislation."