Hurd v. Hodge
Supreme Court of the United States
Argued January 15–16, 1948
Decided May 3, 1948
Full case nameHurd et al. v. Hodge et al., Urciolo et al. v. Same
Citations334 U.S. 24 (more)
68 S. Ct. 847; 92 L. Ed. 2d 1187
Holding
The Fourteenth Amendment prohibits a federal court from enforcing restrictive covenants that would prohibit a person from owning or occupying property based on race or color.
Court membership
Chief Justice
Fred M. Vinson
Associate Justices
Hugo Black · Stanley F. Reed
Felix Frankfurter · William O. Douglas
Frank Murphy · Robert H. Jackson
Wiley B. Rutledge · Harold H. Burton
Case opinions
MajorityVinson, joined by Black, Douglas, Murphy, Burton
ConcurrenceFrankfurter
Reed, Jackson and Rutledge took no part in the consideration or decision of the case.

Hurd v. Hodge, 334 U.S. 24 (1948), was a companion case to Shelley v. Kraemer, in which the Court held that the Fourteenth Amendment prohibits a federal court from enforcing restrictive covenants that would prohibit a person from owning or occupying property based on race or color. Hurd v. Hodge also involved racially restrictive covenants on houses in the Bloomingdale neighborhood of Washington, D.C.[1]

However, the Equal Protection Clause does not explicitly apply to a U.S. territory not in a U.S. state, and so the decision varied from the Fourteenth Amendment ruling in Shelley v. Kraemer. In Hurd, the Court found against the segregationists by holding that both the Civil Rights Act of 1866 and treating persons in the District of Columbia like those in the states would forbid restrictive covenants.[2]

See also

References

  1. ↑ Hurd v. Hodge, 334 U.S. 24 (1948).
  2. ↑ "Hurd v. Hodge, 334 U.S. 24 (1948)". Justia Law. Retrieved September 30, 2023.


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