Court Cases of the 1970s and ’80s

Protesters fight for abortion

By Alex Danoff and Preetam Ganti
Students

Roe v. Wade (1973)

Background

Before 1973, it was illegal for a woman to get an abortion. Roe v. Wade changed that. In this crucial case, the Supreme Court ruled seven to two in favor of a woman’s right to get an abortion. It was now illegal for a state to prohibit this right.

The Case

The plaintiff and appellant, Norma Leah McCorvey (who went by the name Jane Roe during the court case), was a 24-year-old woman who felt that her rights (specifically her right to privacy and her 14th Amendment rights) had been violated. She claimed that she had been sexually assaulted in order to be able to get an abortion, but later admitted that she was not (Roe V. Wade (1973), Hal Goldman, 2005).

The prosecuting attorneys in the case were 28-year-old Sarah Weddington and her friend 31-year-old Linda Coffee. Coffee wrote a three page complaint letter about the Texas law prohibiting abortion and wanted the court to declare it unconstitutional. In the letter, she also named Henry Wade as the defense attorney.

The defendant in the case was 59-year-old Texan lawyer Henry Wade. This case was not Wade’s first hi-profile one. He represented the prosecution in the case against Jack Ruby when he was tried for the murder of Lee Harvey Oswald.

The Decision

The case got to the Supreme Court in 1970. It was decided on December 13, 1971, but was put up for reargument. It was reargued on October 11, 1972, and the Supreme Court decided the case on January 22, 1973 with a 7-2 vote in favor of striking down state laws on abortion in the first trimester. States could still make laws about abortions during the second trimester (Women’s Rights on Trial, 1st Ed., Gale, 1997, p.312.).

After the Case

Roe v. Wade still holds much relevance in today’s world. The Supreme Court upheld the decision 5-4 in 2007, but many Americans are opposed to the idea of abortion and make their opinions known through protests and demonstrations.

University of California Regents v. Bakke (1978)

Background

Affirmative action is an issue that began in the ’60s and continues to be debated even today. Affirmative action (which some critics refer to as reverse discrimination) is a policy in which minorities are given preference over the majority and most often applies to jobs, housing, or school admissions. University of California Regents v. Bakke is still one of the most important cases about affirmative action.

The Case

In 1968, the board of regents at the University of California allotted 16 spots out of 100 for “minority applicants”. Allan Bakke was a  32-year-old white male who applied to the University of California at Davis twice, once in 1973 and once in 1974, and was rejected both times. Bakke sued the university because he felt that he had been denied admission based on his race (white). He claimed that this denial was a violation of the California Constitution (Article I), the U.S. Constitution (14th Amendment), and the Civil Rights Act of 1964 (Title VI). The University asserted that it’s admissions program was within the law. (“Minority-Admissions Policies: Before and After Bakke.” American Decades. Ed. Judith S. Baughman, et al. Vol. 8: 1970-1979)

The Decision

On June 28, 1978, the U.S. Supreme Court ruled in favor of Bakke’s admission to the school, but also upheld the legality of affirmative action unless “rigid quotas” were set for the admission of minorities. Schools could still consider race in admissions provided that the it was not the only factor being looked at. All in all, affirmative action was allowed to continue. (“Regents of the University of California v. Bakke.” Supreme Court Drama. Vol. 3. Gale Cengage, 2006.)

Marchers demonstrate to extend affirmative action

After the Case

According to the ruling, schools are allowed to allot a certain percent of spots to minorities, just not a certain number of spots. As a result, many schools (as well as employers) still consider race when deciding who to admit to certain programs. Many people are opposed to affirmative action, but it also has supporters (see photo). University of California Regents v. Bakke was not the last case to deal with affirmative action, and was followed by others including Fullilove v. Klutznick, Wygant v. Jackson Board of Education, and, more recently, Ricci v. DeStefano.   (John Sexton, “Minority Admissions Programs After Bakke,” Harvard Educational Review)