Important Cases:

Plessy v. Ferguson (1896)

Case brought through the issue of the segregation of railroad cars. The court upheld the
constitutionality of the statute requiring separate accommodations and ruled that he 14th
amendment could not have been interpreted to “abolish distinctions based on color.” Held
that separate accommodations are to be “separate but equal.” Also court claims that the
badge of inferiority is placed upon the black race by itself. Harlan dissents to say that the
constitution is colorblind. Plessy stands for many years and is used to uphold segregation
and causes the NAACP to strive for equality in proving case by case that the separate
facilities are not equal, but does not threaten Plessy until Brown.
Lockner v. New York (1908)
Supreme Court ruled that maximum working hour law in the bakery was unconstitutional
on the ground that it “interfered with the right of contract and violated the Due Process
Clause of the 14th Amendment. Holmes dissents accusing the Court of adopting a
particular economic theory (Laissez Faire) in support of big business. Says that “liberty”
in the 14th amendment should not prevent the natural outcome of a dominant opinion
unless it the statuette infringes on fundamental rights. The court was blocking the will of
the people.
US v. Carolene Proucts (1938)
Regards the price setting of milk products. Introduced more deferential standard for
reviewing cases in that the Court will generally defer to the legislature if rational people
could have passed the law. Only in three circumstances (outlined in footnote 11) should
more scrutiny and judicial review be used. 1) should the law concern protected
constitutional rights (as in the Bill of Rights) – flag salute case. 2) should political
processes not appear to deliver equality 3) prejudice against discrete and insular
minorities. This ruling gave the legislature more freedom and embraced the New Deal
Policy. Occurred right after “the switching time” of 1937.
West Virginia Voard of Education v. Barnette (1943)
The flag salute case. Jackson wrote the majority stating that it was unconstitutional to
require the flag salute in public schools as a violation of 1st Amendment rights. Says “no
official shall prescribe what is orthodox in politics, nationalism or religion. This was a
ruling of the New Deal majority. The first time of celebration of diversity and that the 1st
amendment took precedent over constitutional past. Important because saying “national
unity” was not and end achievable by any means. Frankfurter dissents saying that the
Supreme Court does not get the right to act as a super-legislature (pro-judicial restraint).
Korematsu v. United States (1944)
Case involving the constitutionality of the internment of Japanese Americans (and non-
citizens) on the west coast, and whether it was justifiable for military purposes. Black
wrote for the majority stating that the Court must trust the military when they say it was
necessary. Murphy and Jackson dissent on the grounds of a violation of constitutional
rights. Much of the testimony involved fake evidence and the lawyers who realized this
tried to notify the Court through a footnote, which was subsequently removed before the
Court new of it’s existence. Warren was governor of California at this time and
supported the internment. Later to regret this decision.
Adamson v. California (1947)
Ruled that the 14th Amendment does not incorporate the 5th amendment right of self-
incrimination. Reed wrote the opinion with Frankfurter concurring. Black and Jackson
dissent by saying that the Privileges and Immunities Clause should cause incorporation of
the right. Black and Jackson’s dissent foreshadow the later ideal of the Warren Court in
the expansion incorporation for some of the Bill of Rights.
Shelley v. Kraemer (1948)
Housing segregation issue. White homeowners were signing contracts saying that when
they sold their house they would not sell it to blacks. Ruled that it was unconstitutional
because as state could not enforce discriminatory practices. Raised the question of how
far a state could go in enforcing desegregation in private agreements. Unanimous (6-0).
Brown v. Board of Education I (1954)
*Bolling v. Sharpe (1954)
Brown v. Board of Education II (1955)
Naim v. Naim (1955)
Cooper v. Aaron ((1958)
*Parents Involved v. Seattle School District (2007)
4 Court opinions:
Roberts: The way to stop discrimination on the basis of race is to stop discrimination on
the basis of race.
Thomas: What is wrong in 1954 cannot be right today. (signs on to most of Roberts)
Can we really be sure that…future theories will be nothing but beneficial and
progressive?
Breyer: For Brown held out a promise… It was a promise of true racial equality – not as a
matter of fine words on paper, but as a matter of everyday life in the Nation’s cities and
schools.
Kennedy: These mechanisms are race-conscious but do not lead to different treatment
based on a discriminatory basis. (signs on to parts of Roberts decision).

NAACP v. Alabama (1958)

Unanimous decision. The state demanded membership lists of the NAACP, clearly in
order to diminish participation. Harlan rules for the majority for he NAACP, via the
freedom of association as a 1st amendment protection. Possibly part of Carolene Products
stipulations 2/3.
NAACP v. Button (1963)
Virginia trying to enforce an anti-solicitation law. The law was facially neutral, but the
court ruled that VA was clearly attempting to decrease activities of NAACP. There was a
5/4 vote to uphold in conference, but w/ replacement of Frankfurter ruling went other
way. Moving away from unanimous support of civil rights. Here we see chilling effects,
overbreadth. Expansion of the 1st amendment. Brennan delivered majority. Frankfurter
argued that the court cannot continue to be the saviors of the black population.
New York Times v. Sullivan (1964)
*Bell v. Maryland (1964)
Brennan wrote majority, remanded back to the state because law stated that now illegal.
Refused to make constitutional ruling per se. When we see Black switching away from
liberal majority. Afraid of civil disobediance.
*Katzenbach v. McClung (1964)
. Ollies barbecue providing segregated service. Court ruled unconstitutional based on
the commerces clause and the negative effect on interstate commerce.
Cox. v. Louisiana (1965) First vote 5-4 to uphold conviction in civil rights case.
Concerned picketing by courthouse. Decision overturned when Goldberg changed mind
after seeing video clips. Police cannot have discretion to decide where is “near”.
Constitutional question of vagueness.
Adderly v. Florida (1966)First upheld conviction. Near jail. Black = majority. Douglas
wrote dissent.
*Katzenbach v. Morgan (1966) Voting rights case. Held in favor of the federal
government (upheld act). Constitutional issue of judicial restreaint and voting as clearly
a state issue. Could have been monumental, but never able to use very much. Brennan
writes that congress has appropriate power in the constitution to enforce free voing.
Walker v. City of Birmingham (1967)
Loving v. Virginia (1967 ) made interracial marriage legal. Partially on basis of privacy
of marriage. The idea is based soley on the seperation of the races and shows no other
state interest.
Green v. County School Board (1968) the time for all deliberate speed is now over.
Voting Rights Act 1964
Civil Rights Act 1965

Important Judges:
Frankfurter
Barnette (Dissent)
Adamson (Concur)
Black
Adamson (Dissent)
NYT v. Sullivan (Concur)
Bell (Dissent)
Cox (Dissent)
Adderly
Warren
Brown
Loving
Walker (Dissent)
Brennan
NAACP v. Button
NYT v. Sullivan
Bell v. Maryland
Walker v. Birmingham (Dissent)
Katzenbach v. Morgan
Green v. County School Board
Douglas
Bell (Concur)
Aderly (Dissent)
Mcclung (Concur)
Harlan
NAACP v. Alabama
NAACP v. Button (Dissent)
Jackson
Barnette

Important Ideas:
*Black v. Frankfurter
Klarman v. Rosenburg

Amendments:
1st
5th
14th