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America's Lone Star ConstitutionHow Supreme Court Cases from Texas Shape the Nation$
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Lucas A. Powe Jr.

Print publication date: 2018

Print ISBN-13: 9780520297807

Published to California Scholarship Online: September 2018

DOI: 10.1525/california/9780520297807.001.0001

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PRINTED FROM CALIFORNIA SCHOLARSHIP ONLINE (www.california.universitypressscholarship.com). (c) Copyright University of California Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CALSO for personal use.date: 07 July 2022

From Discrimination to Affirmative Action

From Discrimination to Affirmative Action

(p.45) Three From Discrimination to Affirmative Action
America's Lone Star Constitution

Lucas A. Powe Jr.

University of California Press

This chapter discusses the legal battles involving the University of Texas School of Law and its affirmative action program. In the wake of its success in 1944 in the all-white primary case, Smith v. Allwright, the Texas NAACP called for the integration of Texas's flagship university in Austin. Some months later Thurgood Marshall wrote a letter to Austin's only African American lawyer asking for information about how to apply to the UT School of Law. The chapter examines the Supreme Court case of Heman Marion Sweatt that produced a major stepping-stone toward Brown v. Board of Education, along with another case involving UT's undergraduate admissions that reaffirmed a state's right to implement affirmative action policies. In particular, it analyzes McLaurin v. Regents and Swann v. Charlotte-Mecklenburg Board of Education, along with the Texas legislature's response to Hopwood v. Texas in the form of the “10% rule.”

Keywords:   affirmative action, University of Texas School of Law, NAACP, Texas, Thurgood Marshall, Heman Marion Sweatt, Brown v. Board of Education, McLaurin v. Regents, Swann v. Charlotte-Mecklenburg Board of Education, Hopwood v. Texas

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