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1 - Legitimacy and Minority Rights

Published online by Cambridge University Press:  22 March 2021

Michael A. Zilis
Affiliation:
University of Kentucky
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Summary

The morning of April 3, 1968, was fraught with tension. Nearly a decade and a half after Brown v. Board of Education (1954), racial integration had proved elusive. At first, the resistance was overt and powerful, echoing the words of a Mississippi judge who had taunted, “it will take an army of one hundred million men” to enforce desegregation (see Brandenburg 2004; Klarman 2006; Ross 2002; Sunstein 2004). But as time passed, segregation became a more insidious problem. Most southern districts adopted “freedom of choice” plans that offered minorities a say in the schools they would attend. But theory was not matched by reality. In one Virginia county, for example, 85% of African American students – and zero whites – attended the once all-black school (Stancil 2018). Against this backdrop, attorney Samuel W. Tucker stepped before the US Supreme Court. Tucker represented the petitioners challenging Virginia’s “part white part Negro” system of “dual schooling.” The case was Green v. New Kent County (1968). Free choice plans, Tucker argued, had little practical effect. Schools remained overwhelmingly segregated by race. He called on the justices to address the problem.

Type
Chapter
Information
The Rights Paradox
How Group Attitudes Shape US Supreme Court Legitimacy
, pp. 1 - 10
Publisher: Cambridge University Press
Print publication year: 2021

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