Unit 3: The Supreme Court and Civil Rights

Plessy v. Ferguson (1896): Harlan's Dissent

"Our Constitution is color-blind and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law.... The law regards man as man, and takes no account of his surroundings or of his color when his civil rights are guaranteed by the supreme law of the land are involved." -Justice John Harlan Dissenting Opinion Plessy v. Ferguson

Justice Powell's Opinion

"Racial and ethnic divisions of any sort are inherently suspect, and thus call for the most exacting judicial examination." -Justice Lewis Powell Opinion of the Court Regents v. Bakke

Brown v. Board of Education (1954): The Decision

"We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal." -Chief Justice Earl Warren Opinion of the Court Brown v. Board of Education Segregation = Feelings of Inferiority, Loss of Motivation, and Fewer Opportunities. "Separate but equal" is actually unequal.

Brown v. Board of Education (1954): The Facts

A group of parents sued the Topeka Board of Education in Kansas in 1951. They argued that: -Segregation naturally resulted in inequality. -Segregation made children who were not white feel inferior.

Regents v. Bakke (1978): The Facts

Allan was a white citizen whose medical school application was rejected. -He had higher test scores than minority students who were accepted. -He argued that he was denied admission based on race alone.

Brown v. Board of Education (1954): The Impact

Brown v. Board of Education overturned the legal precedent set by Plessy v. Ferguson. -Declared the idea of "separate but equal" to be a violation of the Fourteenth Amendment. -Required that desegregation begin in public schools.

Plessy v. Ferguson (1896): The Facts

Homer Plessy was arrested for violating segregation laws. -He sat in a train's whites-only car and refused to move. -Plessy argued that his rights to equal protection of the law had been violated.

Segregation in Louisiana

In 1890, Louisiana passed the Separate Car Act to create segregated railroad cars. -Required all railroads to establish "equal but separate accommodations." -Resulted in separate railway cars for African American and white riders.

Affirmative Action and Desegregation

Many public institutions created affirmative action programs to continue the process of desegregation. The programs: -Created quotas for minority admissions and hiring. -Gave preference to minority applicants to encourage diversity.

Plessy v. Ferguson (1896): The Impact

Plessy v. Ferguson upheld segregation. -"Separate but equal" became a legal precedent. -Segregation could continue to be legislated.

Regents v. Bakke (1978): The Impact

Quotas and Race: -Racial quotas could not be used as a way of reducing racial inequalities. -Race could be used as a factor to consider in admissions. Precedent for future cases: -Adarand Constructors v. Pena (1995) -United States v. Virginia (1996)

Plessy v. Ferguson (1896): The Decision

The Court ruled that Louisiana's law was constitutional. "Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other." -Justice Henry Brown, Opinion of the Court Plessy v. Ferguson The Court ruled that Louisiana's law created equal facilities. -Segregated facilities were legal if they created equal access.