For Your Data Ho Ah Kow V. Nunan Representative Brief Summary
March 04, 2019
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Ho Ah Kow v. Nunan (9th Cir. 1879, AR)
Facts: HAK convicted nether dry ground statute in addition to sent to prison, where his queue is cutting off. Ordinance that states that manly individual prisoners, for sanitary reasons, must receive got their pilus cutting to inside ane inch of their scalp. HAK challenges this every bit savage in addition to odd punishment, disputation ordinance targeted Chinese inwards particular.
Issue/Holding: Is the “Queue Ordinance” constitutional? No.
Reasoning/Major Points:
· Law exceeds the authorisation of the “Board of Supervisors.” The legislature did non authorize them to add together to the fine imposed yesteryear the courtroom or the correct to modify in addition to add together punishments.
· Equal Protection (“EP”) analysis: Structure used inwards this illustration is EP doctrine today, seems to last rudimentary strict scrutiny analysis.
o Even though this legislation is neutral on its appear upwards it is clear to everyone that this constabulary was created to target Chinese people, to unmarried them out, in addition to endeavor to coerce them into compliance.
o Law was INTENDED to wound Chinese people inwards item inwards an invidious way.
o Can await to statements of supervisors (for all intents in addition to purposes hither akin to legislators) for the pregnant of sure enough damage used, but the courtroom cannot nigh its eyes to the obvious in addition to known role of this legislation. “When nosotros accept our seats on the bench nosotros are non struck alongside blindness…”
o The justification given for the constabulary (to urge Chinese people into compliance alongside housing statutes) is invalid because it seeks enforcement through a method akin to torture. Thus, the ordinance violated the 14th Am.