Key Supreme Court decisions

Dred Scott vs. SandfordBackground

Dred Scott was a slave who traveled with his master (a doctor) from Missouri (slave state) to Illinois (free state)

Doctor returned back to MissouriScott stayed back in Illinois; sued for his

freedomSince Scott was now in a free state, was

he in fact free???

Dred Scott vs. SandfordOutcome

Roger B. Taney (Chief Justice) ruled:Blacks were not citizens & therefore could not sue for his freedom

Congress could not ban slavery in the territories

Plessy vs. Ferguson (1896)Background

State of Louisiana passed a law providing separate accommodations for Blacks & Whites on railways, including separate railcars

Homer Plessy (only 1/8th Black) tests the new law by sitting in a “white” railcar

Arrested & pays a $25 fineSues against the Louisiana law; argues a

violation of 14th Amendment – guarantees same rights to all citizens & equal protection of those rights (La. law implied inferiority of Blacks).

Plessy vs. Ferguson (1896)Outcome

Ruling went against PlessyDefended the use of racial segregation

(Jim Crow)Upheld “Separate but equal”Paved the way for future Jim Crow laws

(social segregation laws in the South)

Brown vs. Board of Education (1954)

BackgroundTopeka, KansasOliver Brown, the parent of a 3rd grade

daughter Linda, had to walk 6 blocks just to get to the bus stop to attend Monroe Elementary (black school)

Sumner Elementary (white school) only 7 blocks from Brown’s house

Thurgood Marshall (NAACP) argued against separate schools facilities – created inequalities; more money/resources coming in to wealthier school districts

Brown vs. Board of Education (1954)

OutcomeOverturned Plessy vs. Ferguson (9-0)

unanimouslyEnded racial segregation in schools &

eventually segregation in all public lifePaved the way for integration & further

advanced the civil rights movement

Affirmative ActionMaximize diversity in all levels of societyRedress perceived disadvantages of past

discriminationApplicants must be employed without regard

to Race, Creed, Color, National OriginAttempts to promote equal opportunity/ethnic

diversity in employment, education, health programs, etc.

Used by JFK (1961)Designed to help employment & employment

opportunities for Minority Candidates

University of California vs. Bakke (1978)

BackgroundCase involved the University of Cal. Med.

School vs. Allan Bakke (white applicant)Bakke was rejected 2 times by Cal. Med.

School, even though there were minority candidates admitted with significantly lower test scores

16 of 100 seats (Med. School) were set aside for minorities

University of California vs. Bakke (1978)

OutcomeRace can be a factor, but not overwhelming factor

Struck down “rigid” Quota System Affirmative Action was unfair if it led to “Reverse Discrimination”

Individual Consideration – Look at each case/candidate on an individual basis; race can be a factor considered

Grutter vs. Bollinger (2003)Background

University of Michigan Law SchoolGrutter sues alleging the school used

“Race” as a predominant factor in admissions

Grutter vs. Bollinger (2003)Outcome

Michigan’s Law School was compliant with Individual Consideration – Race can be one of many factors used by the school

However, Michigan’s Undergraduate Program awarded 20 pts. to Black, Hispanic, & American Indian applicants – Ruled unconstitutional

Roe vs. Wade (1973)Background

Landmark case on issue of abortionCase involved Norma McCorvey, pregnant

single-woman, who took the name Jane Roe (like John Doe) to represent all women

Issue at hand: Texas law making it a crime to assist a woman to get an abortion

Argued that it violated right to privacy under 14th Amendment (Due Process clause)

Roe vs. Wade (1973)Outcome (7-2 vote)

A person has a right to an abortion up until Viability: Being potentially able to live outside the mother’s womb, albeit with artificial aid

Today, abortions must be done within 1st Trimester

Major restrictions if trying to abort later, i.e, threat to mother’s life

Overturned several state laws outlawing abortion