Discussion Questions Week 4 Case Study

Johnson v. Transportation Agency, Santa Clara County (Ch 8, p 269)

https://www.law.cornell.edu/supremecourt/text/480/616

1. What was the legal issue in this case? What did the Supreme Court decide?

2. What does this case reveal about the conditions under w

hich affirmative action is legal?

3. What evidence did the county have of the need for affirmative action?

4. Why does the court conclude that the measures used to implement the county’s affirmative action plan

do not unduly burden white males such as John

son?

5. Do you agree with this decision? Why or Why not?

_____________________________________________________________________________________

____________

Cleveland Firefighters for Fair Hiring Pract

ices v. City of Cleveland I & II (Ch 8, p 278)

https://supreme.justia.com/cases/federal/us/478/501/case.html

1. What were the issues

before the courts in these two

decisions? What did

the appeals court (“Cleveland

Firefighters (I)”) decid

e? What did the district court

(“Cleveland Firefight

ers (II)”) decide?

2. What did the conse

nt decree,

as amended, require

of the city? Why was

a consent decree needed in the

first place?

3. Why did the district court conclude that the raceconscious measures ca

lled for by the consent decree

were no longe

r consti

tutional? Why did the district

court’s analysis not end with that finding?

4. What are the six factors that the district court considered in reaching its decision that the consent

decree, in its totality,

would not be extended? How did

the distri

ct court apply those factors?

5. Would the city ha

ve made as much progress as it

did without the legal challenges and consent decree?

Why or w

hy not? Should we be concerned

that, despite this progre

ss, 24 percent of firefighters

are

minority group membe

rs in a city with

a nearly

60 percent minority population

—

and that this figure has

not grown

for over a decade? Why or why

not? How likely is it

that, released from monitoring

for

compliance with the

consent decree, the city will

backslide? Why do you say that?

Johnson v. Transportation Agency, Santa Clara County (Ch 8, p 269)

https://www.law.cornell.edu/supremecourt/text/480/616

1. What was the legal issue in this case? What did the Supreme Court decide?

2. What does this case reveal about the conditions under which affirmative action is legal?

3. What evidence did the county have of the need for affirmative action?

4. Why does the court conclude that the measures used to implement the county’s affirmative action plan

do not unduly burden white males such as Johnson?

5. Do you agree with this decision? Why or Why not?

_____________________________________________________________________________________

____________

Cleveland Firefighters for Fair Hiring Practices v. City of Cleveland I & II (Ch 8, p 278)

https://supreme.justia.com/cases/federal/us/478/501/case.html

1. What were the issues before the courts in these two decisions? What did the appeals court (“Cleveland

Firefighters (I)”) decide? What did the district court (“Cleveland Firefighters (II)”) decide?

2. What did the consent decree, as amended, require of the city? Why was a consent decree needed in the

first place?

3. Why did the district court conclude that the raceconscious measures called for by the consent decree

were no longer constitutional? Why did the district court’s analysis not end with that finding?

4. What are the six factors that the district court considered in reaching its decision that the consent

decree, in its totality, would not be extended? How did the district court apply those factors?

5. Would the city have made as much progress as it did without the legal challenges and consent decree?

Why or why not? Should we be concerned that, despite this progress, 24 percent of firefighters are

minority group members in a city with a nearly 60 percent minority population—and that this figure has

not grown for over a decade? Why or why not? How likely is it that, released from monitoring for

compliance with the consent decree, the city will backslide? Why do you say that?