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By Mark V. Tushnet
The NAACP's struggle opposed to segregated education--the first public curiosity litigation campaign--culminated within the 1954 Brown selection. whereas pertaining to the final social, political, and economy within which the NAACP acted, Mark V. Tushnet emphasizes the inner workings of the association as published in its personal files. He argues that the commitment and the political and criminal abilities of employees participants reminiscent of Walter White, Charles Hamilton Houston, and Thurgood Marshall have been accountable for the final word good fortune of public curiosity legislation. This version features a new epilogue through the writer that addresses normal questions of litigation method, the chronic query of no matter if the Brown determination mattered, and the legacy of Brown during the Burger and Rehnquist courts.
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Example text
Justice Henry Billings Brown's opinion for the Court distinguished between political equality, which was guaranteed by the amendment, and social equality, which "in the nature of things" could not be guaranteed by law. Laws separating the races were common as exercises of the general regulatory powers of the state-its police powers. " The Court held that Louisiana's railroad segregation statute satisfied' the standard. Two things stand out in the Court's opinion. First, although the case is taken to be the origin of the doctrine that states could require "separate but equal" facilities, equality of facilities was required not by the Court's analysis of the Constitution but by Louisiana's segregation statute.
As we have seen, however, the prospects for a well-funded campaign continued to diminish. Charles Hamilton Houston had been consulting extensively with the NAACP while he retained his position at Howard Law School. When the Garland Fund's final appropriation of $ ~ o , o o owas approved in 1933, Walter White proposed Houston as Margold's successor. Houston was appointed to the staff of the NAACP as special counsel in May 1934. By October, Houston concluded that the available funds required that the legal effort be concentrated.
In the end the NAACP never had to face the question of compensating inequalities. By the time southern school boards recognized that some moves in the direction of equal facilities were required by law and by practical politics, and so came closer to the point where the defense of compensating inequalities would have been plausible, the NAACP was well on its way toward abandoning a strategy that focused on material inequalities. The final element in the legal picture was Yick Wo v. ^ San Francisco had an ordinance that required a permit to operate hand laundries in wooden buildings.