1764 481 us at 297 discretion is especially important

Info icon This preview shows pages 322–324. Sign up to view the full content.

1764 481 U.S. at 297. Discretion is especially important to the role of a capital sentencing jury, which must be allowed to consider any mitigating factor relating to the defendant’s background or character, or to the nature of the offense; the Court also cited the “traditionally ‘wide discretion’ ” accorded decisions of prosecutors. Id. at 296. 1765 The Court distinguished Batson by suggesting that the death penalty chal- lenge would require a prosecutor “to rebut a study that analyzes the past conduct of scores of prosecutors” whereas the peremptory challenge inquiry would focus only on the prosecutor’s own acts. 481 U.S. at 296 n.17. 1766 245 U.S. 60 (1917). See also Harmon v. Tyler, 273 U.S. 668 (1927); Rich- mond v. Deans, 281 U.S. 704 (1930). 2154 AMENDMENT 14—RIGHTS GUARANTEED
Image of page 322

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

damage actions, does. 1767 Referendum passage of a constitutional amendment repealing a “fair housing” law and prohibiting further state or local action in that direction was held unconstitutional in Reitman v. Mulkey , 1768 though on somewhat ambiguous grounds, whereas a state constitutional requirement that decisions of local authorities to build low-rent housing projects in an area must first be submitted to referendum, although other similar decisions were not so limited, was found not to violate the Equal Protection Clause. 1769 Private racial discrimination in the sale or rental of housing is sub- ject to two federal laws prohibiting most such discrimination. 1770 Provision of publicly assisted housing, of course, must be on a non- discriminatory basis. 1771 Other Areas of Discrimination Transportation. —The “separate but equal” doctrine won Su- preme Court endorsement in the transportation context, 1772 and its passing in the education field did not long predate its demise in transportation as well. 1773 During the interval, the Court held in- valid a state statute that permitted carriers to provide sleeping and dining cars for white persons only, 1774 held that a carrier’s provi- sion of unequal, or nonexistent, first class accommodations to African- Americans violated the Interstate Commerce Act, 1775 and voided both state-required and privately imposed segregation of the races on in- terstate carriers as burdens on commerce. 1776 Boynton v. Vir- ginia 1777 voided a trespass conviction of an interstate African- American bus passenger who had refused to leave a restaurant that the Court viewed as an integral part of the facilities devoted to in- 1767 Shelley v. Kraemer, 334 U.S. 1 (1948); Hurd v. Hodge, 334 U.S. 24 (1948); Barrows v. Jackson, 346 U.S. 249 (1953). Cf. Corrigan v. Buckley, 271 U.S. 323 (1926). 1768 387 U.S. 369 (1967). 1769 James v. Valtierra, 402 U.S. 137 (1971). The Court did not perceive that either on its face or as applied the provision was other than racially neutral. Jus- tices Marshall, Brennan, and Blackmun dissented. Id. at 143. 1770 Civil Rights Act of 1866, 14 Stat. 27, 42 U.S.C. § 1982, see Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968), and Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), 82 Stat. 73, 42 U.S.C. §§ 3601 et seq.
Image of page 323
Image of page 324
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern