Facts of the Case: Earl versus the Board of Education was a Supreme Court case in 2002 where high school students and their parents disliked the action of The Student Activities Drug Testing Policy taking place in an Oklahoma School District. This policy required all middle and high school students who wanted to participate in any extracurricular activity like athletics, to take a mandatory urinary test for drugs before taking part in that activity. However, in this situation in Tecumseh, Oklahoma, the testing was only done for athletics. This was done by the Oklahoma Secondary Schools Activities Association (OSSAA). Specifically two Tecumseh High School students and their parents complained and brought suit, they believed this practice violated …show more content…
Earls, a member of the school marching band and choir. And Daniel J., who yearned to be on the academic team. They argued for the removal of the mandatory drug tests because it infringes on their rights stated in the 14th amendment. In addition, they argued that “...the school district failed to refer to a special need for testing students… in extracurricular activities. Also, that the policy “…did not address a proven drug problem at the school.” The US District Court for the Western District of Oklahoma upheld that the policy was in fact constitutional based on the existence of a “special need, indicated by accounts of drug abuse since 1970.” The verdict would be reversed in the appellate court. However, the Supreme Court reversed the decision of the Court of Appeals reaffirming that like in the district court, the policy was in fact, constitutional. As for the defendants, or School Board, they would argue their cases in the oral trail in the Supreme Court. Linda M. Meoli (one of the advocates in the oral trial) expressed one of the schools boards’ argument saying that “Tecumseh 's policy represents a natural, logical, and rational application of this Court 's decision in Vernonia V Acton.” School board also argued that the state of Oklahoma and its schools districts allowed the …show more content…
They all simply seem to be arguing against the Drug Testing for the reason that it is just wrong, and unconstitutional. There is no information leading me to assume that the students had previous problems with drugs, and wanted to avoid the test. The parents must have also played a big part, upset with the whole Drug Testing Policy happening with their children at the school. Majority decision of the Court: The Supreme Court in a 5-4 decision voted that the Drug Testing Policy was in fact, constitutional. The date for the decision was on June 27, 2002. The justices who voted for the majority were Rehnquist, Scalia, Kennedy, Thomas, and Breyer. The majority decision was written by Clarence Thomas. The Court held that, “…because the policy reasonably serves the School District 's important interest in detecting and preventing drug use among its students, it is constitutional.” There were in fact no concurrent opinions written. Dissenting opinion: There were no dissenting opinions in the case of Board of Education of Independent School District of Pottawatomie County v. Earls. Importance/significance of this
This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.
Leonel Torres (Group #1) BUS3 80 09/08/14 Case Brief Case Name: Hernandez v. Arizona Board of Regents, 172 Ariz. 244; 866 P.2d 1330; 1994Ariz. LEXIS 6 Arizona Supreme Court, 1994. Facts: A fraternity from the University of Arizona gained new members to their organization, on August 27, 1988. The fraternity was accustomed to serving alcoholic beverages to those members who help fund the drinks.
This case was extremely important and made is so children of all races could attend the same schools. This decision affected the Criminal Justice system as well as society as a whole and allows people to live they way they do
The Tinker V. Des Moines had a huge impact on history and school districts. Des Moines was community school district. The Tinker’s were a family that attended it. There were two children from the Tinker family that attended Des Moines and they are John F. Tinker and his sister Mary B. Tinker. They were suspended for protesting.
The California Supreme Court ruled in agreement with Bakke that the quota system was unconstitutional, through interpretation of the Equal Protection Clause: “no applicant may be rejected because of his race, in favor of another who is less qualified, as measured by standards applied without regard to race” (US Const.). UC Davis later appealed the decision to the U.S. Supreme Court, who officially published their decision in 1978: 5-4. The Supreme Court ruled that UC Davis discontinue its racial quota program, but also approved of affirmative action in some cases “in education that use race as a plus factor” (Janda et al., 480). The Supreme Court published 6 opinions with Justice Powell’s being the controlling opinion. The two main points of Justice Powell’s opinion were that although achieving a diverse student body is a valid reason to justify use of race in admissions decisions, the special admission program at UC Davis was unnecessary to achieve that goal and that Allen Bakke must be admitted to the UC Davis Medical School because the university could not prove he would have been denied admission without existence of the special admissions program (Cornell
On June 27, 1978, the Supreme Court was divided between two different viewpoints. Four justices only focused on the “Statutory issue of Title VI and found for Bakke authorizing his admission to the school, because the quota in the university’s admission program had obviously excluded Bakke because of his race” (McBride). They recognized that the University was at fault and Bakke should be admitted. The other four justices centralized on the constitutional issues, the violation of the Equal Protection Clause, and justified that the admission process of the university wasn’t intended
His rulings on several cases including Brown v. Board of Education (1954) also indicate this preference. The judges’ opposing views on this topic support why Brennan overturned Jones’
The plaintiffs were thirteen Topeka parents on the behalf of their twenty children. It was called to reverse its policy of racial segregation. The name of the plaintiff, Oliver L. Brown was a parent, a welder, an assistant pastor at his local church, and an African American. Brown’s daughter Linda, a third grader, had to walk six blocks to her school bus stop to ride to Monroe Elementary, her segregated black school that is one mile away from Sumner Elementary , a white school that was seven blocks from her house. The case “Oliver Brown et al.
This issue was then brought to the court whom referred to both the Tinker case and 1st amendment rights to decide. The Tinker case shows us that the school may limit the student 's first amendment rights
Third, the statute cannot foster “ an excessive government entanglement with religion”. The Lemon v. Kurtzman case along with the Earley et al.v. DiCenso both passed the first test. Both had the intention to enhance quality of education. This argument convinced the judge and the law was considered unconstitutional.
The students kept appealing because they felt as if they had the right to express their opinions. It was part of the First Amendment. These kids had no reason to be suspended because they were protected by the First Amendment. The Supreme Court decided to take the case because it was a big deal to every school. It concerned every student.
This case was not just an event in history, but a strong point that supported and still supports equality to this day. People can use this case to help support their reasoning for what they believe in and why certain actions should
In 1957, Brown v. Board of Education of Topeka, Kansas’s decision, segregation in public education violated the Fourteen Amendment, but Central High School refused to desegregate their school. Even though various school districts agreed to the court ruling, Little Rock disregarded the board and did not agree to desegregate their schools, but the board came up with a plan called the “Blossom plan” to form integration of Little Rock High despite disputation from Arkansas Governor Orval Faubus. Desegregating Central high encountered a new era of achievement of black folks into the possibility of integrating public schools, and harsh resistance of racial integration. Although nine black students were admitted into Little Rock harsh violence and
if it was held at school of course they would be expelled. After listening to the case i believe that the court made a good
They were all suspended without being given a hearing prior to their suspension, or they weren’t given a hearing within a reasonable time after their suspension. Federal court mandated that the suspensions of the students be removed from their cumulative record. The Columbus Public School System and school board appealed the ruling to the U.S. Supreme Court. The U.S. Supreme Court ruled that the due process clause of the 14th amendment had been violated. SCOTUS ruled 5-4 in favor of the students of the Columbus Public School