Con Law 2 Quotes

Acorrding to the 1970's sex discrimination cases - what are the 3 reasons that sex stereotyps are harmful?

1. perpetuate cognitive error 2. express pejorative judgements 3. impose confining role prescriptions

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

13th amendment

"Segreegation in public education is not reasonably related to any proper governmental objective, and thus imposes on Negro Children...a buurden that constituties an arbitrary depravation of their liberty in violation of the DP clause"

Bolling v Sharpe (1954)

It is true that many women are unmattied and not affected by any of the duties, complications, and incapactities aricing out the the mattiedd state...the paramount destiny and mission of women"

Bradwell v Illinois

"We don't want folks to drag feet, but the cases are remanded to the DC to take such proceedings and enter such orders and decrees consistent with this opinion as are necessary and proper to admit to public schools on a racially nondiscriminatory basis with all deliberate speed the parties to these cases"

Brown 2 (1955)

"To separate them from others of similar age and qualifications soley because of race generate a feeling of inferiority in their hearts and minds unliekly ever to be undone"

Brown v Board 1954

"Citizens of every race and color shall have the same right in every State and Territory in the United States, to make and enforce Ks, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens."

Civil Rights Act of 1866

Proving broad sociological proposition by statistics is a dubious business, and one that inevitably is in tension with the normative philosophies that underlie the EP clause

Craig v Boren : hesitation with regard to applying group based norms to individuals.

"Under the circumstances disclosed, we cannot say that this action of the state court was, within the meaning of the Fourteenth Amendment, a denial by the state to the plaintiffs and to those associated with them of the equal protection of the laws or of any privileges belonging to them as citizens of the United States, .... the education of the people in schools maintained by state taxation is a matter belonging to the respective states, and any interference on the part of Federal authority with the management of such schools cannot be justified except in the case of a clear and unmistakable disregard of rights secured by the supreme law of the land."

Cumming v Richmond County Board of Education (1899)

"If, in some appropriate proceeding instituted directly for that purpose, the plaintiffs had sought to compel the board of education, out of the funds in its hands or under its control, to establish and maintain a high school for colored children, and if it appeared that the board's refusal to maintain such a school was in fact an abuse of its discretion and in hostility to the colored population because of their race, different questions might have arisen in the state court."

Cummings v Richmond County Board of Education (1899)

When segregation is the product of private choices, it does not have constitutional implications

Freeman v Pitts

Classifications based on sex, like classificaitons based upon race, alienage or national origin, are inherently suspect and much thereofre be subjected to strict judicial scrutiny

Frontiero

the education of people in schools by maintained by the state taxation system is a member belonging to the respective state, and any interference on the part of the federal authority with the management of such schools cannot be justified

Gong Lum

"we may add that while we admit that the benefits and burdens of taxation shall be shared without regard to race - the education of people in schools maintained by state taxation...any interference cannot be justified except in cases with clear..." "only where unmistakable disregard for rights in AA should.."

Gong Lum quoting Cummings

"Obligation to create schools that are not white schools or black schools, just schools"

Green v Kent County

"The school board must be required to formulate a new plan and in light of other courses which appear open to the Board, such as zoning, fashion steps which promise to realistically to convert promptly to a system without "white" and "Negro" school, just schools"

Green v New Kent Country School Board (1968)

"the obligation is the create schools that are not white schools not black schools, just schools"

Green v New Kent County School Board (1968)

The law must be the same for black as for white

Hirabayashi

To cast this case ieinto outlines or racial prejudice without reference to the real military dangers which were presented, merely confuses the issue...Korematsu was not excluded from the military are because of hostility to him or his race. He was excluded because we are at war with Japan, because the properly constituted miltary authories feared an invasion"

Justice Black. Korematsu

all legal restrictions, which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions

Korematsu

"It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such restrictions are unconstitutional. It is to say that courts must subject them to the most rigid scrutiny. Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can."

Korematsu (Justice Black)

All legal restrictions which curtail the civil rights of a single racial group are immediately suspect. That is not to say that all such regulations are uncons. it is to say that courts MUST subject them to the most rigid scrutin. Pressing public necessity may sometimes justify the existence of such resitriction; racial antagonism never can

Korematsu v US

With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation's wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.

Lincoln's Second Inagural

If the statutory objective is to exclude or protect members of one geneder ebcause tehy are presumed to suffer from an inherent handicap or to be innately inferior, the objective itself is illegitimate

MS womens university v Hogan

Where there is a disparate impact, the policy has to be adopted because of, not in spite of, that disparate impact

Mass. vs. Feeney

Still, again, history discloses the fact that woman has always been dependent on man. He established his control at the outset by superior physical strength, may, without conflicting with the provisions and this control in various forms, with diminisheng intensity has..

Muller v Oregon

Stereoypes function to rationalize discriminatory behavior and attitudes towards and indentifiable group. When they are ascribed to groups on the basis of observable permanent biological characteristics such as race and sex, they resist change stubbornly.

Murray - The Negro Woman's stake in the Equal Rights Amendment

It is persumptively impremissable to distinguish on the basis of congenital and unalterable biological traits of birth over which the individual has no control and for which she should not be penalized. Such conditions include not only race, but also sex"

RBG - Reed v Reed Brief

If the need for racial classifications embraced by the school districts is unclear, even on the district's own terms, the costs are undeniable"

Roberts in Parents Involved

"right of 14th amendment includes...these are fundamental rights only taken by DP law with can only interfere by regulation for mutual good of law. Belong to citizens of every free government. Right to choose ones calling is essentail to liberty - calling when chosen is a right..."

Slautherhouse Cases (Bradley Dissent) Bradley speaking on his view that the 14th amendment includes right to pursue profession - later conflicts with his opinion in Bradwell

"to assure to the colored race the enjoyment of all the civil rights that under the law are enjoyed by white persons, and to give to that race the protection of the general government, in that enjoyment, whenever it should be denied by the States."

Strauder v. WV

"School authorities are traditionally charges with broad power to formulate and implement education policy and might well conclude, for example, that in order to prepare studetns to live in pluralistic society each school should have a prescribed ratio of Negro to White students reflecting the proportion for the district as a whole. To do this as an educational policy is within the broad discretionary pwoers of school authorities"

Swann

What is more important, the University of Texas Law School possesses to a far greater degree those qualities which are incapable of ob- jective measurement but which make for greatness in a law school. Such qualities, to name but a few, include reputation of the faculty, experience of the administra- tion, position and influence of the alumni, standing in the community, traditions and prestige. It is difficult to be- lieve that one who had a free choice between these law schools would consider the question close.

Sweatt v Painter

"This unwarranted exercise of power by the Court, contrary to the Constitution, is creating chaos and confusion in the States principally affected. It is destroying the amicable relations between the white and Negro races that have been created through 90 years of patient effort by the good people of both races. It has planted hatred and suspicion where there has been heretofore friendship and understanding."

The Southern Manifesto

"Indeed, if our history has taught us anything it has taught us to beware of elites bearing racial theories"

Thomas, Parents Involved

"They were enslaved by law, emancipated by law, disenfranchised and segregated by law; and, finally, they have begun to win equality by law. Along the way, new constitutional principles have emerged to meet the challenges of a changing society. The progress has been dramatic, and it will continue"

Thurgood Marshall's Bicentennialijfe Speech