Preview

Civil Rights

Powerful Essays
Open Document
Open Document
1045 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Civil Rights
The legislature of the fictitious state of Xanadu passes a law that states "All people are welcome at all state-run swimming, beach and golf facilities, as long as they are white. Non-whites may not use any of those facilities."

Within 24 hours after passage, Brenda, a civil rights attorney, brings a cause of action in federal court to have the new regulation ruled unconstitutional. The federal court immediately rules that the state law violates the equal protection clause of the 14th Amendment and issues an injunction against its enforcement.

A week later, the state passes a new law that reads "Because we don't believe that we are capable of managing integrated swimming, beach and golf facilities, we are hereby closing all such state-run facilities." Brenda sues again in federal court, asking the court to rule that the closure of the facilities is likewise unconstitutional. Brenda argues that even though the closure itself is not discriminatory since it applies equally to everyone, the closure should nevertheless be prevented because it was obviously done for a purpose that implies discrimination against non-whites.

You are a clerk in the federal district court for the District of Xanadu. Please find one Federal case from any jurisdiction that would be very relevant to apply to this scenario. Summarize the facts of the case, discuss the Court’s reasoning, and explain why you agree or disagree with the Court’s ruling in terms of the 14th Amendment. Also, explain how that case could be applied to our scenario.
Case: PALMER ET AL. v. THOMPSON, MAYOR OF THE CITY OF JACKSON, ET AL.
No. 107
SUPREME COURT OF THE UNITED STATES
403 U.S. 217; 91 S. Ct. 1940; 29 L. Ed. 2d 438; 1971 U.S. LEXIS 27
December 14, 1970, Argued
June 14, 1971, Decided
This case has a similar background to those of the assignment. The original action is based in 1962 in the city of Jackson, Mississippi. In that lawsuit, Clark v. Thompson, 206 F. Supp. 539 (SD Miss. 1962), the

You May Also Find These Documents Helpful

  • Good Essays

    In order for a facially-neutral law to be struck down as unconstitutional under the equal protection clause, one must prove that there is a discriminatory impact as well as discriminatory purpose or discriminatory administration (Chemerinsky 724). Tick Wo v. Hopkins is an example of a case that lacked discriminatory intent in the context of the law, however was carried out in a discriminatory manner. In Tick the law was racially neutral, but its administration to Chinese-Americans was discriminatory in nature as the facts established that Chinese-Americans were often denied for permits than non-Chinese-Americans (Alexander…

    • 95 Words
    • 1 Page
    Good Essays
  • Good Essays

    Terry V. Ohio

    • 793 Words
    • 4 Pages

    In 1968 a case called Terry v. Ohio took place. This case made a big impact on the police departments of the United States by giving officers more reasons to make an arrest. A "Terry Stop" is a stop of a person by law enforcement officers based upon reasonable suspicion that a person may have been engaged in criminal activity, whereas an arrest requires probable cause that a suspect committed a criminal offense.…

    • 793 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Leg 100 Strayer

    • 1492 Words
    • 6 Pages

    This paper is going to examine the difference between Black Bike week and Harley Davidson Spring Bike Rally (predominantly white) in Myrtle Beach, South Carolina. We are going to see if the NAACP had a valid reason to file a lawsuit against Myrtle Beach and several of its businesses. If so, we are going to see how risk management could’ve played a bigger role in preventing the lawsuit from happening. We will also be discussing ethical considerations that might be applicable to this case. Then, we’ll determine which sources of law would be most relevant in this case and how management could leverage knowledge of sources to prevent similar instances in the future.…

    • 1492 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Case Brief

    • 667 Words
    • 3 Pages

    * Is there error in the court denying a jury instructions on criminally negligent homicide, instead instructing on reckless manslaughter, which alleges the defendant had intent to kill, when there is enough evidence to support the theory the defendant’s conduct was unintentional.…

    • 667 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Apush Chapter 17 Terms

    • 712 Words
    • 3 Pages

    Also issues on Constitutionality- court declared this act as unconstitutional, holding that the fourteenth amendment gave congress the power to outlaw discrimination by states, but not by private individuals.…

    • 712 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Buffets v. Klinke

    • 3142 Words
    • 10 Pages

    PRIOR HISTORY: [**1] Appeal from the United States District Court for the Eastern District of Washington. D.C. No. CV-92-00370-FVS. Fred L. Van Sickle, District Judge, Presiding.…

    • 3142 Words
    • 10 Pages
    Good Essays
  • Good Essays

    House Bill 2 Case Summary

    • 947 Words
    • 4 Pages

    Instead, the North Carolina law launches a floor for the nondiscrimination ordinances throughout the city on all the populace it protects (Johnson, 2004). In this case, the House Bill 2 is not constitutional because there is no federal judge in the U.S. that would take the contention seriously. Although the bill was written by the legislature and the governor approved it through his signature, the bill can be considered unconstitutional because it was an emergencey session that had required enough time to be approved. As a governor, the signing can be defended by having a talk regarding the privacy in using the locker rooms.…

    • 947 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Adarand V

    • 701 Words
    • 2 Pages

    The Supreme Court held that the plan was a race classification and presumed to be unconstitutional unless it was "narrowly tailored" to meet a "compelling government interest."…

    • 701 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Numerous plaintiffs entered a federal district court class action alleging that Johnson Controls' policy constituted illegal sex discrimination under Title VII, which prohibits discrimination based on race, color, religion, sex, and national origin in hiring, firing, job assignments, pa, access to training, and apprenticeship programs. The district court entered a summary judgment for Johnson Controls. The court of appeals affirmed the district court's decision. The plaintiffs then appealed to the U.S. Supreme Court.…

    • 417 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    DMBA610 Week 4

    • 4957 Words
    • 16 Pages

    O 'Shea v. Welch, 350 F.3d 1101 (10th Cir. 2003) (United States Court of Appeals 2003).…

    • 4957 Words
    • 16 Pages
    Good Essays
  • Good Essays

    Negroes with Guns

    • 537 Words
    • 3 Pages

    The swimming pool they were fighting over had been built with federal funds, but yet negroes could not use it…

    • 537 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    “Discrimination, segregation, harassment intimidation and other acts are what is deemed illegal in America, the authors note. When these acts are practiced on groups because of their race, sex, age, and perhaps sexual orientation it then in turn becomes sexism, or racial segregation, or age discrimination, et cetera” (Mason).…

    • 1786 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Annotated Bibliography

    • 527 Words
    • 3 Pages

    Annotated Bibliography on Sex Discrimination and the Civil Rights Act of 1964 and Title VII…

    • 527 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Specifically, Maddox asserted that his right to due process was violated as outlined in violation of the doctrine of Brady v. Maryland by the state 's failure to disclose a photograph taken by the police shortly after the alleged rape showing Elder 's bed neatly made, the results of a police examination of the bedspread which revealed no blood, semen or other fluid, and lastly a written statement by another witness, Brenda Phelps, that Debbie Phillips had stated that she dropped her insurance with Maddox for financial reasons. Maddox appeals the denial of habeas relief.…

    • 584 Words
    • 3 Pages
    Powerful Essays
  • Better Essays

    The law states that you cannot be discriminated against because of race, color, religion, sex or…

    • 1580 Words
    • 7 Pages
    Better Essays