City of Chicago v. Jesus Morales et al. (527 U.S. 41)
U.S. Supreme Court · decided June 10, 1999 · Supreme Court Database (Spaeth)
- Citation
- 527 U.S. 41 · 119 S. Ct. 1849
- Decided
- June 10, 1999
- Term
- October Term 1998
- Vote
- 6–3
- Majority author
- Justice Stevens
- Issue area
- Due Process
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- Local ordinance held unconstitutional
Opinion excerpt
Justice Stevens announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and V, and an opinion with respect to Parts III, IV, and VI, in which Justice Souter and Justice Ginsburg join. In 1992, the Chicago City Council enacted the Gang Congregation Ordinance, which prohibits “criminal street gang members” from “loitering” with one another or with other persons in any public place. The question presented is whether the Supreme Court of Illinois correctly held that the ordinance violates the Due Process Clause of the Fourteenth Amendment to the Federal Constitution. I Before the ordinance was adopted, the city council’s Committee on Police and Fire conducted hearings to explore the problems created by the city’s street gangs, and more particularly, the consequences of public loitering by gang members. Witnesses included residents of the neighborhoods where gang members are most active, as well as some of the aldermen who represent those areas. Based on that evidence, the council made a series of findings that are included in the text of the ordinance and explain the reasons for its enactment. The council found that a continuing increase in criminal street gang activity was largely responsible for the city’s rising murder rate, as well as an escalation of violent and drug related crimes. It noted that in many neighborhoods…
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