how the rulings of the Supreme Court began to change in the 1920s and 1930s

overall change

The Supreme Court's attitude began to shift gradually from the 1920s, although the change was uneven. Early cases challenged racial discrimination, while some later cases still upheld discriminatory practices. By the late 1930s, the Court was increasingly willing to use the 14th Amendment to protect African American rights.

Buchanan v. Warley, 1917

-The Supreme Court unanimously struck down a Louisville, Kentucky law that prevented Black people from buying or occupying property in predominantly white areas.

-The Court ruled that this violated the 14th Amendment, particularly the right to equal protection and property rights.

-Significance: This was an important early indication that the Supreme Court was becoming more willing to challenge state-enforced racial segregation.

Moore v. Dempsey, 1923

-Concerned Black defendants in Arkansas whose trials had been dominated by racial violence and mob pressure.

-The Supreme Court ruled that federal courts could review state criminal trials where mob violence had prevented a fair trial.

-This was significant because it strengthened the ability of federal courts to protect African Americans from discriminatory state justice systems.

-Change: The Court was beginning to look beyond whether a trial had technically followed procedures and consider whether African Americans had actually received fair treatment.

-death sentence of 12 blacks were not upheld as their trials were ‘dominated by mobs’ and convened the 14th amendment (tried as a mob rather than as individual citizens)

Trudeau v. Barnes, 1933

-This case concerned African American voting rights in Louisiana.

-Louisiana used an “understanding” requirement, requiring prospective voters to demonstrate that they understood parts of the state or federal constitution. This could be used to prevent Black people from registering to vote.

-However, the Fifth Circuit Court of Appeals ruled against Trudeau, finding that the requirement applied to voters regardless of race. The Supreme Court subsequently refused to hear the case.

-Significance: This shows that the change in judicial attitudes was not yet complete. Courts could still uphold measures that effectively restricted African American voting.

1937–1941: A significant change in the Supreme Court

-A major change occurred as Roosevelt appointed new Supreme Court justices during his presidency.

-Between 1937 and 1941, several older justices retired or died. By the end of 1941, only two justices remained from the Court Roosevelt had inherited in 1933.

-This contributed to a Court that was increasingly receptive to federal intervention and constitutional challenges to racial discrimination.

-Therefore, the late 1930s represent an important turning point towards greater protection of African American rights.

Gaines v. Canada, 1938

-Lloyd Gaines, an African American student, was refused admission to the University of Missouri's law school because of his race.

-The Supreme Court ruled that Missouri could not provide a legal education for white students while failing to provide an equal opportunity for Black students.

-Missouri therefore had to either admit Gaines to the existing law school or provide a genuinely equal law school for Black students.

-Significance: This challenged the practical operation of the “separate but equal” principle and was an important step towards the later Brown v. Board of Education (1954) decision.

key argument

The Supreme Court did not suddenly become pro-civil rights in the 1920s. Rather, there was a gradual and uneven shift. The most significant change came in the late 1930s, when the Court became increasingly willing to use the 14th Amendment to challenge racial inequality.

overall significance of court rulings

Power struggle between states and federal gov +more liberal judges who are likely to be more pro AA civil rights

Segregation being challenged but not overturned

NAACP made main change

Loopholes being fixed

Supreme court still did not enforce the 15th amendment on voting

-record of ruling civil rights legislation as unconstitutional from 1870-1940s hindered civil rights progress

-lack of commitment was similar to negativity of congress, and hesitancy and timidity of presidence