Court Decisions

Rulings concerning individual civil rights:

• Brown v. Board of Education(1954)
  The Supreme Court Decision declared that "separate educational facilities are inherently unequal." For more information see In Pursuit of Freedom and Equality from Washburn University School of Law, Brown v. Board of Education National Historic Site from the U.S. National Park Service, and an article from Issues of Democracy, September, 1999, "Brown v. Board of Education: The Supreme Court Decision That Changed a Nation."
• Plessy v. Ferguson (1896)
  The Supreme Court established the "separate but equal" doctrine which remained in effect until Brown v. Board of Education (1954). See also the analysis of Justice Harlan's famous dissent, "Our constitution is colorblind."
• Civil Rights Cases (1883)
  The U.S. Supreme Court case that effectively blocked attempts by Congress, in the post Civil War era, to enact laws barring discrimination against blacks in privately owned public accomodations. The prohibition of private racial discrimination was enforced with the passage of the Civil Rights Act of 1964.
• Scott v. Sandford (1857)
  The Supreme Court ruled that blacks were non-citizens, without constitutional rights associated with citizenship. The decision and its aftermath contributed to the outbreak of the Civil War; it was overturned by the ratification of the Fourteenth Amendment. View an exhibit of significant records documenting the Scotts' early struggle for freedom, a chronology and additional links from the Washington University Libraries.
  
  

  Rulings concerning affirmative action in employment and education:

• Regents of the University of California v. Bakke (1978)
  The first major Constitutional test of affirmative action resulted in a split decision. It prohibited strict racial quotas in college admissisons but allowed race or ethnic background to be considered a "plus" factor in an applicant's file. For background on the case, see Regents of the University of California v. Bakke from USIA's Basic Readings in Democracy.
• United Steelworkers v. Weber (1979)
  With this case, the Supreme Court specifically addressed the affirmative action in employment issue. The Court ruled that employers could adopt voluntarily race-conscious affirmative action programs to correct conspicuous racial imbalances in order to "break down old patterns of racial segregation and hierarchy."
• City of Richmond v. J.A. Croson Co. (1989)
  Ruling on a minority set-aside program, a majority U.S. Supreme Court opinion was rendered, holding that race-based actions by state and local governments require "strict scrutiny" to defend their constitutionality and that the government had a "compelling interest" in creating the program, narrowly tailored to that interest.
• Adarand Constructors, Inc. v. Pena (1995)
  The U.S. Supreme Court ruling that held Federal affirmative action programs to stricter standards, requiring that any preferences serve a compelling government interest and be narrowly tailored to address past discrimination. The U.S. Supreme Court had agreed to hear Adarand again in the October 2001-2002 term, (Adarand Constructors, Inc. v. Mineta) a case arising from a 10th Circuit Court ruling in September 2000, upholding the U.S. Department of Transportation's revised highway-construction program. On August 10, 2001, the U.S. Department of Justice filed a brief with the U.S. Supreme Court affirming the 10th Circuit Court ruling. Version in PDF is also available. On November 27, 2001, the U.S. Supreme Court dismissed the case, conceding that the case had been "improvidently granted".
• Hopwood v. State of Texas (1996)
  Primary sources including the U.S. Supreme Court's decision declining to hear the case, leaving intact the lower court ruling that declared higher education affirmative action programs at state-run colleges in three Southern states --Texas, Louisiana, and Mississippi to be unconstitutional. The University of Texas law school appealed the case again in 2001, based in part on a federal judge's ruling on damages in the case in 1998; the U.S. Supreme Court declined to hear the case. (6/25/01)   See also background commentary from the University of Texas, including a timeline outlining the history of the case.
• Piscataway Board of Education v. Taxman (1996)
  This 3rd Circuit Court of Appeals decision set strict limits on affirmative action. The case was expected to reach the U.S. Supreme Court but was settled by the participants without a ruling from the High Court. See also background analysis from the Washington Post.
• Coalition for Economic Equity v. Wilson (California Proposition 209) (1997)
  The 9th Circuit Court of Appeals decision upheld the constitutionality of California Proposition 209, which amended the California State Constitution to ban affirmative action programs in public employment, education and contracting. The amendment is now Article I, Section 31 of the California Constitution. The U.S. Supreme Court declined to hear case. (11/3/97)  See the full text of Proposition 209 and analysis pro and con from the California Secretary of State.
• Dallas Fire Fighters Association v. Dallas (1998)
  The 5th Circuit Court of Appeals decision invalidating an affirmative action plan to increase the number of women and minorities in the higher ranks of the Dallas Fire Department. The Court ruled that there was a insufficient evidence of past discrimination in the Department to justify the plan. The U.S. Supreme Court declined to hear this case over the objection of two justices. (3/29/99)
• Smith v. University of Washington (2000)
  Three-judge panel of the U.S. Court of Appeals for the 9th Circuit decision 12/4/00 upholding the race-conscious admission policy at the University of Washington's law school in place from 1994-1998. Washington State passed an initiative in 1998 prohibiting the consideration of race in public college admissions. Other states in the Ninth Circuit, except California, where a similar prohibition exists, are bound by the Court of Appeals decision. The U.S. Supreme Court declined to review the case. (5/29/01)
• Gratz v. Bollinger (2000)
  The United States District Court, Eastern District of Michigan ruling by Judge Patrick Duggan on 12/13/00 upholding the University of Michigan's policy, in place since 1999, of weighing the race of applicants in undergraduate admissions. This case and Grutter v. Bollinger below will be reviewed en banc by the full circuit on December 6, 2001.
• Grutter v. Bollinger (2001)
  The United States District Court, Eastern District of Michigan ruling by Judge Bernard A. Friedman on 3/27/01 that the admissions policies at the University of Michigan's Law School are unconstitutional because they use race as a factor in the admissions process. Friedman's issuance of an injunction requiring an immediate end to the race-conscious practices was appealed by the university, rejected by Friedman, but overruled on April 6 by a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
• Johnson v. Board of Regents of the University System of Georgia (2001)
  Three-judge panel of the U.S. Court of Appeals for the 11th Circuit decision 8/27/01 upholding the lower court ruling that the University of Georgia's admissions policy is unconstitutional. The University announced 11/9/01 that it would not pursue further appeals. Article and text of lower court ruling 7/24/00 available to subscribers of The Chronicle of Higher Education (scroll down the page to "government and politics" section).
  
  

  Rulings affecting public schools -- race as a factor in assigning or admitting students:

• Wessmann v. Gittens (11/19/98)
  A three-judge panel of the 1st U.S. Circuit Court of Appeals struck down race-conscious preferences at the Boston Latin School, a prestigious public high school in Boston, Massachusetts. This is the first time an appellate court has entered into the debate about affirmative action in public school admissions.
• Hunter v. Regents of the University of California (9/9/99)
  A panel of the 9th U.S. Circuit of Appeals upheld the lower court ruling supporting racial preferences in a case involving an elementary school operated by University of California at Los Angeles' (UCLA) graduate school of education. The U.S. Supreme Court declined to hear an appeal (10/2/00).
• Tuttle v. Arlington County School Board (9/24/99)
  A panel of the 4th U.S. Circuit Court of Appeals ruled that the admissions procedure - a weighted lottery favoring black and Hispanic applicants to an Arlington County, Virginia public elementary school - was unconstitutional. An appeal to the U.S. Supreme Court was withdrawn before the justices had a chance to consider it.
• Eisenberg v. Montgomery County Public Schools (10/6/99)
  In reversing the lower court opinion, the 4th U.S. Circuit Court of Appeals ruled that a Montgomery County, Maryland elementary school's race-based student transfer policy was unconstitutional. The U.S. Supreme Court declined to hear an appeal (3/20/00).