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Civil Rights Suits Against Law Enforcement LandMark Publications [UPD]

Assemblymember William Conrad said, "We as Americans can absolutely uphold our Second Amendment rights while at the same time securing critical protections against gun crimes. A recommitment to the Red Flag Law, practical regulations around the possession and use of semiautomatic weapons, comprehensive records-sharing among and for the benefit of law enforcement agencies - these are some of the common-sense measures that will both support responsible gun ownership and provide the enhanced controls demanded by the vast majority of our citizens. The crisis of gun violence, which so grievously touched Buffalo on May 14, will be addressed with a multi-faceted approach that includes more than tightened access to firearms. But I believe the legislation passed this year in New York State represents the appropriate immediate response to such violence. We cannot enjoy the freedom our forefathers intended for us without the assurances of basic safety and security."

Civil Rights Suits Against Law Enforcement LandMark Publications

It was a fight Roberts would continue decades later, when he replaced Rehnquist as chief justice and authored the majority opinion in a landmark case gutting the VRA in 2013. Fifty years after the passage of the landmark civil rights law, and 35 years after he first worked so hard to dismantle it, Roberts remains at the center of an impassioned debate about voting rights in America, one that shows no signs of ending anytime soon.

The courts have also clarified how other federal civil rights laws affect state Medicaid coverage obligations. For example, a landmark decision found that Title VI of the 1964 Civil Rights Act, which bars discrimination based on race or national origin by recipients of federal financial assistance, prohibits state Medicaid agencies from paying for nursing home care in institutions that maintain segregated Medicaid wings because of the disproportionate impact that such practices have on minority patients.28 Similarly, under Title VI, Medicaid agencies must ensure that they and participating providers comply with federal requirements aimed at ensuring that benefits and services are accessible to people whose first language is not English.29 As Olmstead underscores, similar access protections for people with disabilities also apply to Medicaid programs and services under federal disability laws.

Then, of course, she gets on the US Supreme Court in the 1990s. In 1996, she has the opportunity to write the opinion of the court in this United States v. Virginia case, which really takes the next step in expanding protections against discrimination based on sex under the Equal Protection Clause. So, she sort of had this role that she played throughout this long story, which shows this slow development but quite steady development of strengthening protections of civil rights in these cases under the Equal Protection Clause.

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.

In the 1883 landmark Civil Rights Cases, the United States Supreme Court had ruled that Congress did not have the power to prohibit discrimination in the private sector, thus stripping the Civil Rights Act of 1875 of much of its ability to protect civil rights.[7]

The Civil Rights Act of 1957, signed by President Dwight D. Eisenhower on September 9, 1957, was the first federal civil rights legislation since the Civil Rights Act of 1875 to become law. After the Supreme Court ruled school segregation unconstitutional in 1954 in Brown v. Board of Education, Southern Democrats began a campaign of "massive resistance" against desegregation, and even the few moderate white leaders shifted to openly racist positions.[10][11] Partly in an effort to defuse calls for more far-reaching reforms, Eisenhower proposed a civil rights bill that would increase the protection of African American voting rights.[12]

Emulating the Civil Rights Act of 1875, Kennedy's civil rights bill included provisions to ban discrimination in public accommodations and enable the U.S. Attorney General to join lawsuits against state governments that operated segregated school systems, among other provisions. But it did not include a number of provisions civil rights leaders deemed essential, including protection against police brutality, ending discrimination in private employment, and granting the Justice Department power to initiate desegregation or job discrimination lawsuits.[20]

On June 11, 1963, President Kennedy met with Republican leaders to discuss the legislation before his television address to the nation that evening. Two days later, Senate Minority Leader Everett Dirksen and Senate Majority Leader Mike Mansfield both voiced support for the president's bill, except for provisions guaranteeing equal access to places of public accommodations. This led to several Republican Representatives drafting a compromise bill to be considered. On June 19, the president sent his bill to Congress as it was originally written, saying legislative action was "imperative".[21][22] The president's bill went first to the House of Representatives, where it was referred to the Judiciary Committee, chaired by Emanuel Celler, a Democrat from New York. After a series of hearings on the bill, Celler's committee strengthened the act, adding provisions to ban racial discrimination in employment, providing greater protection to black voters, eliminating segregation in all publicly owned facilities (not just schools), and strengthening the anti-segregation clauses regarding public facilities such as lunch counters. They also added authorization for the Attorney General to file lawsuits to protect individuals against the deprivation of any rights secured by the Constitution or U.S. law. In essence, this was the controversial "Title III" that had been removed from the 1957 Act and 1960 Act. Civil rights organizations pressed hard for this provision because it could be used to protect peaceful protesters and black voters from police brutality and suppression of free speech rights.[20]

Smith asserted that he was not joking and he sincerely supported the amendment. Along with Representative Martha Griffiths,[45] he was the chief spokesperson for the amendment.[44] For twenty years, Smith had sponsored the Equal Rights Amendment (with no linkage to racial issues) in the House because he believed in it. He for decades had been close to the National Woman's Party and its leader Alice Paul, who had been a leading figure in winning the right to vote for women in 1920, was co-author of the first Equal Rights Amendment, and a chief supporter of equal rights proposals since then. She and other feminists had worked with Smith since 1945 trying to find a way to include sex as a protected civil rights category and felt now was the moment.[46] Griffiths argued that the new law would protect black women but not white women, and that was unfair to white women. Black feminist lawyer Pauli Murray wrote a supportive memorandum at the behest of the National Federation of Business and Professional Women.[47] Griffiths also argued that the laws "protecting" women from unpleasant jobs were actually designed to enable men to monopolize those jobs, and that was unfair to women who were not allowed to try out for those jobs.[48] The amendment passed with the votes of Republicans and Southern Democrats. The final law passed with the votes of Republicans and Northern Democrats. Thus, as Justice William Rehnquist explained in Meritor Savings Bank v. Vinson, "The prohibition against discrimination based on sex was added to Title VII at the last minute on the floor of the House of Representatives [...] the bill quickly passed as amended, and we are left with little legislative history to guide us in interpreting the Act's prohibition against discrimination based on 'sex.'"[49]

Although majorities in both parties voted for the bill, there were notable exceptions. Though he opposed forced segregation,[54] Republican 1964 presidential candidate, Senator Barry Goldwater of Arizona, voted against the bill, remarking, "You can't legislate morality." Goldwater had supported previous attempts to pass civil rights legislation in 1957 and 1960 as well as the 24th Amendment outlawing the poll tax. He stated that the reason for his opposition to the 1964 bill was Title II, which in his opinion violated individual liberty and states' rights. Democrats and Republicans from the Southern states opposed the bill and led an unsuccessful 60 working day filibuster, including Senators Albert Gore, Sr. (D-TN) and J. William Fulbright (D-AR), as well as Senator Robert Byrd (D-WV), who personally filibustered for 14 hours straight.[55]

In 1972, Congress passed the Equal Employment Opportunity Act.[84] The Act amended Title VII and gave EEOC authority to initiate its own enforcement litigation. The EEOC now played a major role in guiding judicial interpretations of civil rights legislation.[85]

Despite elimination of the civil rights remedy, VAWA and its subsequent reauthorizations have vastly improved services for victims of sexual and domestic violence and stalking, as well as education and training about violence against women for victim advocates, health professionals, law enforcement, prosecutors and judges. The numerous new legislative provisions include a ban on states charging rape victims for forensic sexual assault examinations and the criminalization of stalking by electronic surveillance.

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