debate over shraeufr raoefplt it was nullified by president lincoln s emancipation declaration. thurgood marshal arguing and winning before the court in the landmark brown versus board p-f education case back in 1954, a unanimous court, 9-0, paving the way for the civil rights movement, ruling that separate public schools or black-and-white students were unconstitutional. in 1973 the court ruling that abortion is a fundamental right under the constitution, that decision was a vote of 7-2, based on the argument that a woman s right to choose to have an abortion is consistent with her right to privacy. of course bush v gore in 2000 stopped the florida recount and allowed the state s 25 electoral votes to be given to george w. bush making him president, that vote was 5-4. the justice is declared that their decision could never be cited as precedent.