👩🏾‍⚖️Supreme Court Unit 10 – Civil Rights – Racial Discrimination

Historical Context

• Slavery and racial discrimination deeply ingrained in American history and society
• Reconstruction era (1865-1877) aimed to address racial inequalities after the Civil War
  • 13th Amendment abolished slavery and involuntary servitude (1865)
  • 14th Amendment granted citizenship and equal protection under the law (1868)
  • 15th Amendment prohibited denial of voting rights based on race (1870)
• Jim Crow laws and segregation enforced racial discrimination and inequality (late 19th to mid-20th century)
  • Separate but equal doctrine upheld in Plessy v. Ferguson (1896)
• Civil Rights Movement (1954-1968) fought against racial discrimination and segregation
  • Activism, protests, and legal challenges to overturn discriminatory laws and practices
• Voting Rights Act of 1965 prohibited discriminatory voting practices and ensured equal access to voting

Key Legal Concepts

• Equal Protection Clause of the 14th Amendment prohibits discrimination by state governments
• Due Process Clause of the 14th Amendment ensures fair treatment under the law
• Strict scrutiny applied to laws or policies that discriminate based on race
  • Government must prove a compelling interest and narrowly tailored means to achieve it
• Disparate impact occurs when a seemingly neutral policy disproportionately affects a protected group
• Affirmative action policies aim to address past and present discrimination by promoting diversity and inclusion
• Voting rights protections ensure equal access to the political process and prevent discriminatory practices

Landmark Cases

• Brown v. Board of Education (1954) overturned Plessy v. Ferguson and declared segregation in public schools unconstitutional
• Loving v. Virginia (1967) struck down laws banning interracial marriage as unconstitutional
• Regents of the University of California v. Bakke (1978) upheld affirmative action in college admissions but prohibited racial quotas
  • Diversity in higher education recognized as a compelling interest
• Batson v. Kentucky (1986) prohibited racial discrimination in jury selection
• Grutter v. Bollinger (2003) upheld the use of race as a factor in college admissions to promote diversity
• Shelby County v. Holder (2013) struck down key provisions of the Voting Rights Act, reducing federal oversight of voting changes in certain states

Court Decisions and Reasoning

• Courts have grappled with balancing the need to address racial discrimination and the principle of equal treatment under the law
• Strict scrutiny applied to race-based classifications to prevent invidious discrimination
  • Government must demonstrate a compelling interest and narrowly tailored means
• Disparate impact theory recognized that seemingly neutral policies can have discriminatory effects
  • Griggs v. Duke Power Co. (1971) established disparate impact in employment discrimination cases
• Affirmative action policies have been upheld but subject to strict scrutiny
  • Grutter v. Bollinger (2003) found diversity in higher education to be a compelling interest
  • Fisher v. University of Texas (2016) required universities to demonstrate that race-neutral alternatives are insufficient

Impact on Society

• Supreme Court decisions have shaped the legal and social landscape of racial equality in the United States
• Brown v. Board of Education (1954) catalyzed the desegregation of public schools and other public facilities
  • Inspired further challenges to racial discrimination in various aspects of society
• Loving v. Virginia (1967) paved the way for increased acceptance of interracial marriages and relationships
• Affirmative action policies have increased diversity in higher education and employment
  • Debate continues over the fairness and effectiveness of these policies
• Voting rights decisions have impacted the ability of minority communities to participate in the political process
  • Shelby County v. Holder (2013) led to increased concerns about voter suppression and discrimination

Ongoing Challenges

• Racial disparities persist in various areas of society (education, employment, criminal justice, health care)
• Implicit bias and systemic racism continue to affect individuals and communities of color
• Debate over the role of race in college admissions and the constitutionality of affirmative action policies
  • Students for Fair Admissions v. Harvard (pending) challenges race-conscious admissions policies
• Voting rights and access remain contentious issues, with concerns about voter suppression and discriminatory practices
• Addressing the legacy of historical discrimination and its ongoing impact on society

Modern Interpretations

• Evolving understanding of the complexities of racial discrimination and its systemic nature
• Intersectionality recognizes the compounding effects of multiple forms of discrimination (race, gender, class)
• Disparate impact theory continues to be applied in various contexts (housing, employment, education)
  • Texas Department of Housing and Community Affairs v. Inclusive Communities Project (2015) upheld disparate impact claims under the Fair Housing Act
• Renewed focus on addressing implicit bias and structural inequalities
• Calls for a more comprehensive approach to racial justice and equity beyond legal remedies

Related Constitutional Amendments

• 13th Amendment (1865) abolished slavery and involuntary servitude
  • Allowed for the continuation of forced labor as punishment for a crime
• 14th Amendment (1868) granted citizenship and equal protection under the law
  • Incorporated Bill of Rights protections against state governments
  • Equal Protection Clause prohibits discrimination by state governments
  • Due Process Clause ensures fair treatment under the law
• 15th Amendment (1870) prohibited denial of voting rights based on race
  • Loopholes and discriminatory practices (literacy tests, poll taxes) still disenfranchised Black voters
• 24th Amendment (1964) prohibited poll taxes as a requirement for voting in federal elections