Book contents
- The Rights Paradox
- The Rights Paradox
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Table of Cases
- 1 Legitimacy and Minority Rights
- 2 The Group Antipathy Theory of Supreme Court Legitimacy
- 3 Under Siege
- 4 Opening the Floodgates
- 5 Experimental Tests of the Group Antipathy Model
- 6 How Citizens Use Groups to Evaluate Judicial Preferences
- 7 Group Antipathy and Strategic Behavior on the Supreme Court
- 8 Conclusion
- Appendix
- References
- Index
1 - Legitimacy and Minority Rights
Published online by Cambridge University Press: 22 March 2021
- The Rights Paradox
- The Rights Paradox
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgments
- Table of Cases
- 1 Legitimacy and Minority Rights
- 2 The Group Antipathy Theory of Supreme Court Legitimacy
- 3 Under Siege
- 4 Opening the Floodgates
- 5 Experimental Tests of the Group Antipathy Model
- 6 How Citizens Use Groups to Evaluate Judicial Preferences
- 7 Group Antipathy and Strategic Behavior on the Supreme Court
- 8 Conclusion
- Appendix
- References
- Index
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.
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- The Rights ParadoxHow Group Attitudes Shape US Supreme Court Legitimacy, pp. 1 - 10Publisher: Cambridge University PressPrint publication year: 2021