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create one nation of all races. If we are not educated together, we will live in fear of one another. If we are to stay together forever, why should we have separate schools? Children will learn to know each other intimately in the same schools and fear will disappear.
He referred to the “wind of change” blowing through the continent of Africa—change Brown helped to promote.
Our lives were never in danger because of our advocacy, and we had no problem finding accommodations when we were litigating cases out of town.
It was decided with the horrors of the Holocaust in full view, and with the repressive regimes in the Soviet Union, Eastern Europe, and South Africa a then-current reality. It propelled an evolution yet unfinished toward respect, in law and in practice, for the human dignity of all the world’s people.
Mildred later recounted, had no mind “to make a political statement or start a fight”; they “were [just] in love, and . . . wanted to be married.”1
How dare a supposed free society deny its citizens this basic human right
Mildred, the spouse of color, spent that night and the next five days and nights in jail.
“that restricting the freedom to marry solely because of racial classifications violates the central meaning of the Equal Protection Clause.”
The last state to rid its laws of a miscegenation ban was Alabama, in 2000.
Or that the president of the United States would be an African-American, himself the child of an interracial marriage?
Yes, we still have a way to go to ensure that all people in our land enjoy the equal protection of the laws,
To combat centuries of inequality and to uplift people disadvantaged because they belong to long-subordinated populations, many modern constitutions allow, or even require, affirmative action.
A succinct argument on the benefit of affirmative action
The 1958 Constitution of France states in Article I a more precise principle: it declares the equality of citizens “without distinction of origin, race or religion.”
Although World War II made unmistakably clear to the world the evil of racism, one cannot erase the past in short order. “In the wake of a system of racial caste only recently ended,”
“[f]reedom is not enough. You do not wipe away the scars of centuries by saying: ‘Now you are free to go where you want . . . do as you desire, [elect your] leaders.’ ”
THAT MF PART
the Nixon administration’s affirmative action effort
height or weight-lifting requirements for piloting planes or police officer jobs—requirements
The educational experience for all students, the opinion reasoned, would be enhanced if members of different cultures live and learn together.
long denied full citizenship stature are not sensibly ranked with measures taken to hasten the day when entrenched discrimination and its after effects have been extirpated.”
the cities’ school boards took race into account in assigning children to particular schools.
“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.”
“[T]o cultivate . . . leaders with legitimacy in the eyes of the citizenry, . . . the path to leadership must be visibly open to the talented . . . individuals of every race and ethnicity.”
We will all profit from a more diverse, inclusive society, understanding, accommodating, even celebrating our difference, while pulling together for the common good.
Use the education you have received to help repair tears in your communities.
nullified a key constraint on corporate spending to elect or defeat candidates for public office.)
Unfortunate
it was time to say Basta!
LOL
it attracts the votes necessary to become the opinion of the Court.
African-Americans were “citizens of at least five States, and so in every sense part of the people of the United States,” thus “among those for whom and whose posterity the Constitution was ordained and established.”
If the Thirteenth and Fourteenth Amendments are to be enforced “according to the intent with which . . . they were adopted,” Justice Harlan wrote, “there cannot be, in this republic, any class of human beings in practical subjection to another class.”
!!!!!!!!!!!!
parsimonious
Early in 2009, Congress passed the Lilly Ledbetter Fair Pay Act, and President Obama signed the corrective measure as one of his first actions after taking office.
(To make certain there would be no cues, auditioners were required to take off their shoes.)
Justice Samuel Alito, writing on behalf of a five-Justice majority, ruled that Ledbetter had filed her lawsuit too late.
Not that she wasnt paid less and that was a violation of the equality principles; but that she was TOO LATE
“Throwing out preclearance when it has worked and is continuing to work is like throwing away your umbrella in a rainstorm because you are not getting wet.”
First, race-based voting discrimination still exists; no one doubts that.
the commerce power is not adequate to the task.
The Court’s majority would compare health insurance to broccoli.
But health care is not like vegetables or other items one is at liberty to buy or not to buy.
The accident victim who cannot pay the steep price of medical services will nevertheless receive emergency and follow-up care, because the law and professional ethics so require, and because ours is a humane society.
By requiring the healthy uninsured either to obtain insurance or pay a toll, Congress sought to end this free ride.
Beautifully succinct argument to those who oppose the human right to healthcare
(Establishing payment terms for goods or services in or affecting interstate commerce is the kind of economic regulation that lies well within Congress’ domain.)
enactment of the Affordable Care Act. I have already emphasized the unique attributes of the health care market: the fact that all of us will be in it sooner or later and cannot predict exactly when;
problem caused by people who refrain from purchasing insurance, then become sick or injured and get care cost-free to them, but costly for those of us who have paid in advance.
Yes, the insurance purchase mandate is novel, but novelty is no reason to reject it.
For that very reason, the Necessary and Proper Clause was included in the Constitution, to ensure that the federal government would have the capacity to provide for conditions and developments the framers knew they could scarcely foresee.
Take note, originalists...
The crisis created by the many millions of U.S. residents who lack health insurance is hardly contained within state boundaries.
Suppose Congress had from the start made Medicaid-eligible all those originally covered, plus those added by the expansion.
Why didn't they do this
Congress, not the states, is tasked by the Constitution with spending federal money in service of the general welfare.
Congress abridged no state’s right to “existing” or “preexisting” funds. For, in truth, there are no such funds.
But the Court’s Commerce and Spending Clause jurisprudence has been set awry.
commercial enterprises, employing workers of diverse faiths, can opt out of contraceptive coverage if contraceptive use is incompatible with the employers’ religious beliefs. When an employer’s religious practice detrimentally affects others, however, the First Amendment’s Free Exercise Clause does not require accommodation to that practice. Because precedent to that effect is well established, the Court rests its decision not on the Free Exercise Clause of the Constitution, but solely on the Religious Freedom Restoration Act (RFRA).
