Civil Rights

African-Americans

Pre-Civil War- Taney Court, Dred Scott decision

Post Civil War- Ct strikes down Civil Ri= ghts Acts

Jim Crow laws- De Facto Segregation(as opposed to R= 20;De Jure” Segregation)

1896- Plessy v. Ferguson Separate but Equal

early 1900s NAACP formed- In large parts to protest Lynchings

Extension of the 14th Amendment to the States- Develop= ment of Equal Protections

Clause

1920s Rise of the Ku Klux Klan- 5 Million members- Mar= ch on Washington- Indiana

Government run by Klan

NAACP begins Court cases to chip away at Segregation (= Why did they use the

Courts and not legislation?)

Sweat case- Univ Texas Law School – No comparable Black institution

Integration of the Armed Forces under Truman

Brown v. Board of Ed. – Consolidates a number of cases, Separate is inherently

unequal-

Integrate w/all delibera= te Speed- slowly applied-

Unanimous Decision

Thurgood Marshall argues case, Kenneth Clarke, psychol= ogist- Using dolls shows

self-esteem issues-

Strict Scrutiny Standard= (compare w/Reasonable Standard for most leglislation)

Little Rock Nine- Eisenh= ower orders Army into Arkansas

Civil Rights Act of 1957- (Strom Thurmond’s 24hr= 18min filibuster unsuccessful)-

Justice Department and other US agencies- study Voting in = South-

Civil Rights Act of 1960- Use of Justice Dept, and oth= er groups to register

black voters

Birmingham bombings

Civil Rights Act of 1964- use of commerce clause- to e= xtend rights to public

accommodations- restaurants etc..

Selma March 1965

Voting Rights Act of 1965 (extended numerous times)- l= ook at % of minorities

voting

De Facto Segregation in = the North

anti-busing (used to integrate schools)- “judici= al activism”

Bakke Case (1978)- No qu= otas, race can play a part

Swann – District Reapportionment exclusively on race is unconstitutional

Gratz v. Bollinger (Univ. of Michigan) Case 2003- race can play a part, but only

one of many (point system invalidated)

Louisville/Seattle Desegregation Case 2007! Voluntary Desegregation plans are

unconstitutional,&nbs= p; 5-4 Decision- Swing Vote- Kennedy- Schools still have an

interest in ameliorating “De Facto” Segreg= ation- Confusing Decision for long

term implications, to what extent can race still be a = factor in districting for

students?

Women’s Rights- Intermediate standard

Griswold (Warren Corut)- Right to Contraceptives (righ= t of privacy)

Roe v. Wade (Burger Court 1973) – Right to Choose- 1st trimester- absolute right

Casey v. Planned Parenthood (<= st1:address w:st=3D"on">Rehnquist Court 1992)- Upheld right= to Choose,

requirement parental notification is legal (must allow magistrate to substitute

for notification if necessary)

Legislation- Women

Title IX- schools- 1972

Other Issues

Lawrence v. Texas (Gay Rights)-Texas Case (2003) &= #8211; right of privacy extends to

sodomy statutes.

Voting Bush v. Gore (2001) – Equal Protection ri= ght extended in the area of

voting (before did include one man, one vote rule- Precedent- Reynolds v. Sims-

1964 (Warren Court)- involved Malapportionment)