INTRODUCTION TO RACIAL DISCRIMINATION

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INTRODUCTION TO RACIAL DISCRIMINATION

• 1/31/08

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Contrast of Plessy and Brown

• Considering the fact that the judges were
  interpreting the same clause in the constitution,
  what best explains the difference in the
  decisions rendered by the U.S. Supreme Court in
  Plessy v. Fersuson and Brown v. Bd. of Education?

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Labeling Judges with respect toRegulation of
Business

• CONSERVATIVE JUDGES
• Favor management over labor
• Frequently reject government regulations of
  business activities
• LIBERAL JUDGES
• Generally support government regulations of
  business activities
• Favor labor over management

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Labeling Judges with respect toCriminal Law and
Procedure

• CONSERVATIVE JUDGES
• Support death penalty and mandated sentences
• Support giving more discretionary powers to
  police in search and seizure, interrogations,
  etc........
• More willing to sacrifice individual rights for
  public safety and security
• LIBERAL JUDGES
• Opposed the death penalty and mandated sentences
• Require close review of police discretion in
  search and seizure, interrogations, etc........
• Less willing to sacrifice individual rights for
  public safety and security

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Labeling Judges with respect toEqual Protection
and Discrimination

• CONSERVATIVE JUDGES
• Favor white males over women and minorities
• Limit the power of courts to require remedial
  action.
• LIBERAL JUDGES
• Favor women and minorities over white males
• Support giving courts broad remedial powers.

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Labeling Judges with respect toFirst Amendment
Issues

• CONSERVATIVE JUDGES
• Support standards that make it easier for
  government to limit free speech that is critical
  of Gov.. policies, or uses offensive words or
  symbols.
• Support various forms of government assistance
  for religion.
• LIBERAL JUDGES
• Support standards that make it more difficult for
  government to limit free speech that is critical
  of Gov.. policies, or uses offensive words or
  symbols.
• Seek to enforce strong separation between church
  and state.

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Labeling Judges with respect toPersonal Privacy
Issues

• CONSERVATIVE JUDGES
• Reject a existence of a constitutional right for
  a woman to have an abortion and support
  government limitations on abortion.
• Support government regulations on sexual
  activities between consenting adults.
• Reject the existence of a constitutional right
  to die and support government prohibitions
  against all forms of euthanasia.
• LIBERAL JUDGES
• Recognize a constitutional right for a woman to
  have an abortion and oppose government
  limitations on abortion.
• Oppose government regulations on sexual
  activities between consenting adults.
• Recognize a constitutional right to die and
  oppose government prohibitions against voluntary
  euthanasia.

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Labeling Judges with respect toJudicial Roles

• JUDICIAL SELF-RESTRAINT
• Courts should defer to majoritarian political
  branches on questions of interpretation.
• JUDICIAL ACTIVISM
• Courts should protect minorities from the
  tyranny of the majority, and provide check and
  balance to political branches.

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Presidential Appointments to S. Ct.
PRESIDENT P YR APPOINTMENTS
Richard Nixon R 51/2 Warren Burger C Harry Blackmun A Lewis Powell, Jr. A William Rehnquist A
Gerald Ford R 21/2 John Paul Stevens A
Jimmy Carter D 4 NONE
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Presidential Appointments to S. Ct.
PRESIDENT P YR APPOINTMENTS
Ronald Reagan R 8 William Rehnquist C Sandra Day OConnor A Antonin Scalia A Anthony Kennedy A
George H. Bush R 4 David Souter A Clarence Thomas A
Bill Clinton D 8 Ruth Bader Ginzburg A Stephen Breyer A
George W. Bush R 7 John Roberts C Samuel Alito A
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IDEOLOGICAL DISTRIBUTION OF SUPREME COURT 2005
Strong Liberal
Moderate Liberal
Moderate Conservative
Strong Conservative
Breyer (C) Ginzburg (C) Souter (B-1) Stevens (F)
Rehnquist (N/R) Scalia (R) Thomas (B-1)
OConnor (R) Kennedy (R)
None
BBush Appointee, CClinton Appointee, FFord
Appointee, NNixon Appointee, RReagan Appointee.
Carter had no appointees to S.Ct. during his
four year term
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IDEOLOGICAL DISTRIBUTION OF SUPREME COURT 2008
Strong Liberal
Moderate Liberal
Moderate Conservative
Strong Conservative
Breyer (C) Ginzburg (C) Souter (B-1) Stevens (F)
Scalia (R) Thomas (B-1) Roberts (B-2) Alito (B-2)
Kennedy (R)
None
BBush Appointee, CClinton Appointee, FFord
Appointee, NNixon Appointee, RReagan Appointee.
Carter had no appointees to S.Ct. during his
four year term
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AGE DISTRIBUTION OF SUPREME COURT(As of 1/17/08)
Strong Liberal
Moderate Liberal
Moderate Conservative
Strong Conservative
Stevens (87) Ginzburg (74) Breyer (69) Souter
(69)
Kennedy (71)
Scalia (71) Thomas (59) Alito (57) Roberts (52)
None
indicates they will have a birthday before the
end of the current term.
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Religious Affiliation of Supreme Ct. Justices
Before Bush II Apt.
RELIGION JUSTICES US CT
Protestant Stevens, Rehnquist, OConnor, Souter 55 44
Catholic Kennedy, Scalia, Thomas 25 33
Jewish Breyer, Ginsburg 1.5 22
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Religious Affiliation of Current Supreme Ct.
Justices
RELIGION JUSTICES US CT
Protestant Stevens, Souter 55 22
Catholic Kennedy, Scalia, Thomas, Roberts, Alito 25 56
Jewish Breyer, Ginsburg 1.5 22