SUPREME COURT OF THE UNITED STATES

No. 22-123

IN THE MATTER OF THE STATE OF LOUISIANA, ET AL.,

Petitioners,

v.

THE BUTCHERS' BENEVOLENT ASSOCIATION OF NEW ORLEANS, ET AL.,

Respondents.

On Writ of Certiorari to the Supreme Court of Louisiana

March 19, 2023

JUSTICE THOMAS delivered the opinion of the Court.

Today, we revisit a decision that has long cast a shadow over our understanding of the Fourteenth Amendment: The Slaughter-House Cases, 83 U.S. (16 Wall.) 36 (1873). In Slaughter-House, the Court effectively nullified the Privileges or Immunities Clause of the Fourteenth Amendment, a clause intended to protect substantive rights against state infringement. Having carefully reviewed the historical record and the original understanding of the Fourteenth Amendment, we now recognize that Slaughter-House was wrongly decided. We thus overrule Slaughter-House and hold that the Privileges or Immunities Clause provides a substantive guarantee against state infringement of fundamental rights.

I. BACKGROUND

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