Blog #4

Blog #4: Pick 3 cases from the previous list. For each case: - Explain the holding and majority opinion (and notable dissent - Explain what judicial philosophy is reflected - Evaluate the context of the decision with the framework of your own beliefs (e.g. if you select Roe v. Wade, explain your position on abortion.)

In the Plessy v Ferguson case, the Supreme Court ruled that "separate but equal" facilities were constitutional.  The majority opinion (6 to 3) was lead by Tom Clark and dissent by John Harlan. The unanimous decision had a majority opinion of 7 to 1 vote where the majority opinion was written by Justice Henry Billings Brown an a dissent by John Harlan. The judge used judicial activism and enacted social and political change about the nation. I think that "separate but equal" facilities is unconstitutional because although the facilities may be equal, people still do not have free choice.

In the Brown v Board of Education case, the Supreme Court ruled that schools must be integrated.  Segregation violates the 14th Amendment.  The unanimous decision had a majority opinion of 9 to 0 vote.  The Court used judicial activism because this changed the precedent for schools across the nation.  I think that segregation was unconstitutional because it takes away a persons natural rights to "life, liberty, and the pursuit of happiness."

In the Roe v Wade case, the Supreme Court case ruled that it is a crime to aid a woman in receiving an abortion and a woman has the right to privacy under their due process rights.
The court ruling was 7 to 2, where the majority opinion was lead by Harry Blackmun and a dissent by Byron White. I think that abortion is technically unconstitutional because again, it violates the natural right to life. But personally I think that abortion is okay as long as the baby, or fetus, does not feel physical pain.