Judicial Decision Making Analysis Brown vs. Board of...

Judicial Decision Making Analysis: Brown v. Board of Education Background In Plessy v. Ferguson (1896) the United States Supreme Court upheld racial segregation of passengers in railroad coaches as required by Louisiana law. Three years later the Supreme Court was asked to review its first school case dealing with equal treatment of school children. In Cumming v. Richmond County Board of Education (1899) the court found that the temporary cessation of services for minority high-school children did not violate equal protection even though services continued at the high-school for Caucasian children. The Court reasoned that the closing of the school was based on economic considerations, and was not found to represent bad faith or an abuse of discretion. The court concluded that although all must share the burdens and receive the benefits of taxation, school finance was a matter belonging to the states and federal interference without a clear and unmistakable disregard for constitutional rights would be inappropriate (Cambron-McCabe, McCarthy, Thomas, 2004). Brown v. Board of Education began in 1951 when Linda Browns father, Oliver, and thirteen other parents tried to enroll their children in the local white schools in the summer of 1950 but were turned down because they were African Americans and told they must attend one of the four schools in the city for African American children. At the time of the lawsuit there was a disparity in the resources allotted to theShow MoreRelatedJudicial Review : The Supreme Court3113 Words   |  13 PagesWith the young nation of America entered into the 19th century, there were still major issues when it came to the balance of powers of the different government branches. The status of judicial review in the Supreme Court was never pressed upon or given any real structure to. The power of judicial review had appeared many times in history before the set up of the Supreme Court as, in England, Chief Justice of the Common Pleas Sir Edward Coke made the originated the idea . During the ruling of theRead MoreEssay on Earl Warren: Changing America through Judicial Power2061 Words   |  9 PagesEarl Warren: Changing America through Judicial Power History does not happen in an instant; history is made through the impacts on the national and international level. Often times, it is one small event that triggers a large reaction from the public. Furthermore, it is one person who can make a difference in the world. Earl Warren was one person who helped shape Americans in the mid-1900s. From working in a law office to becoming the governor of California and finally being appointed as Chief JusticeRead MoreGrounds of Judicial Review7813 Words   |  32 PagesCHAPTER – 1 GROUNDS OF JUDICIAL REVIEW INTRODUCTION â€Å"Public law is not at base about rights, even though abuses of power may and often do invade private rights; it is about wrongs – that is to say misuses of public power.† * Sedley.J1 The ultimate (though not necessarily the most appropriate) means by which public law disputes are resolved is by bringing the matter before the Administrative Court using a claim for judicial review. Broadly, in order to succeed, the claimant (the person or bodyRead More Promoting and Protecting Minority Rights Essay2310 Words   |  10 Pagesrather than simply persuading the government to grant them. Desegregation, mandated by the passage of the Civil Rights Act of 1954 as well as the Brown v. Board of Education ruling was one of the results of this movement. 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Some cases are written entirely from published sources but most have been prepared in cooperation with