Civil Rights Ch5 & 6 Gov (Racial equality, Disability and Discrimination, and Affirmative Action)

Title II of 1964 Civil Rights Act

Desegregates public accommodations (busses etc)

Equal Protection Clause

- applies to federal gov and the states.
- It doesn't apply to private personas or institutions with restricted memberships. (country clubs, yacht clubs, etc.)

Korematsu V U.S (1944)

- All legal restrictions that curtail the civil rights of a single racial group are immediately suspect.
- Not all such restrictions on a group's rights are unconstitutional though.
- Public needs over those of a single group (WW2 more important than the rights of the U.S. Japanese peoples).

Brown V Board of Education (1954; Topeka, Kansas)

- Classification causes inferiority in those separated; Therefore violates the Equal Protection Clause.
- Desegregates public schools.

Brown II

With all deliberate speed (desegregate now not when you feel like)

Swann v Charlotte-Mecklenburg Board of Education (1971)

- Bussing to achieve the Brown (case) mandate
- Doesn't require cross-district bussing
- Remedies de facto segregation

Title VII of 1964 Civil Rights Act

- Created Equal Employment Opportunities Commission (EEOC) (File complaints bc discrimination in workplace)
- Takes complaints and brings cases against employers.

De jure Segregation

by law (segregated cuz of law)

De facto Segregation

in fact (natural grouping, like living/neighborhood)

Plessy v Ferguson (1896)

- Train car case (he was in the white car when he was percentage black)
- SC says separate but equal was okay.
- SC said classification by race was OKAY with equal treatment (same typa car)
- Doesn't violate the Equal Protection clause.

Heart of Atlanta Motel v United States (1964)

- Civil Rights Act of 1964 is constitutional.
- Congress has the power to force desegregation of public accommodations through the power of the Commerce Clause.

Loving V Virginia (1967)

State law restricting the freedom to marry solely because of racial classification violates the Equal Protection Clause.

Americans with Disabilities Act (1990)

- Disabled are given the status of a protected minority.
- Extends the 1964 Civil Rights Acts to the disabled.
*Public access for the disabled
*Employers must provide reasonable accommodations to the disabled.

Affirmative Action

Giving minorities extra slack to make comparing equal. Race-Based Quotas, Affirmative Action, Reverse Discrimination.

Regents of the University of California V Bakke

-No Justice's opinion had a minority
-Seems to be a decision of the Court in transition.
*Accepts some form of affirmative action
*Rejects racial quotas
*Schools can use race as a plus factor but THE factor.

Gratz V Bollinger (UMich Undergrad)

- Race box on points sheet (anything other than white + 20 points)
- Unconstitutional bc it was a deciding factor.

Ricci V DeStefano

- The city of Hartford violated Title VII of the Civil Rights Act of 1964 by discarding the firefighter promotion tests.
- A firefighter test is discarded bc minorities did bad and whites did good. Whites sued bc it was unfair.

Students for Fair Admission Inc V Harvard College (2023)

- Argument over Asian students. Asians felt they were being rejected bc Harvard tried to be more diverse.

Students for Fair Admission Inc V University of North Carolina (2023)

- Both cases eliminate the use of affirmative action in college admissions. Completely.