Blacks and the Supreme Court: The Legal Status of Black American's. Part One!

Current Problems-Blacks and the Supreme Court-Due Process-Education-Forced Confessions-Housing-Jury Service-Public Accommodations-Recreation-Transportation-Voting ( Registration and Primaries )-Requirements for Legislative Membership-Employment-Racial Intermarriage-Notable Adverse U.S. Supreme Court Decisions-State Antidiscrimination Laws-Lynching-Blacks in the Judiciary.

For most of the 20th Century the Supreme Court exercised a profound beneficial effect on the progress of blacks. In case after case, the Court invalidated legal and regulatory barriers which had legitimized the withholding first class citizenship from minorities. Decisions favorable to minorities occurred most frequently during a 16-year tenure of Chief Justice Earl Warren, from 1953 to 1969. During that period, the Court declared separate school facilities unconstitutional, sought to guarantee the rights of people under arrest and in scores of other decisions to erase discrimination in education, due process, housing, employment, recreation, jury service, transportation, and other areas.

Starting in 1969, however, the Court's decisions reflected a more conservative view. Under Warren Burger, who replaced Chief Justice Warren, and with three Justices appointed by President Nixon, decisions tended to allow state and local governments more discretion in law enforcement and integration procedures, with resultant relaxation of efforts to end discriminatory practices. A factor in the change was the reduction of government representations to the Court on behalf of minorities and liberal views of due process. During the Eisenhower, Kennedy, and Johnson administrations, the Solicitor General and federal agencies frequently urged the Court to reach "liberal" decisions. But after 1969, the government frequently counseled enforcement delays or reversals of earlier liberal verdicts.

By early 1975 "court-watchers" differed in their forecasts of of the Court's path. Some feared the Court might retreat to a course of decisions that would again make discrimination respectable. Most observers, however, felt that progress was still possible and that despite its retreats, the Court had no wish to return to a legal the era of "legal racism".

Retreat and Dismantlement!

An important group to suffer extensively from Reagan Administrations policies was the Legal Services Corporation, which over the years has provided services to millions of poor people through 320 local programs. Through it survived attempts to eliminate it completely in fiscal year 1982, LSC"s funding and powers were sharply curtailed in spring of 1982. President Reagan was still advocating its eradication in fiscal year 1983.

LSC's 1982 funds were reduced one third. Its lawyers were prohibited from filing class action suits against the federal, state, or local governments and from providing legal help related to segregation. The government's opposition to class action suits extended to other areas, such as affirmative action in employment, where it proposed that discrimination suits could be filed by only. Such a rule would place a heavy financial burden on disadvantaged individuals seeking to use the courts to achieve equality and, additionally, to restrict the impact of the legal victories they might win.

The administration also proposed enact of a Federal Assistant Reform Act, which would reduce the Congress's ability to examine and amend block grant proposals. The probable result: evasion of enforcement procedures that have been made part of civil rights programs.

Other proposals affecting civil rights:

Limiting the jurisdiction of courts to correct discrimination.

Attempts through legislation to Weaken the Voting Rights Act, so intent to discriminate rather than a de facto result of discrimination had to be proven to obtain redress.

Constructional Amendments to prohibit affirmative action and busing.

Many of the steps taken by the administration involved administrative dismantlement of existing laws through nonenforcement, underfunding, and rule changes.

Among these were:

Relaxing requirements for enforcement agencies, such as the Department of Justice, to conduct legally required investigations.

Rules requiring victims to bear the burden of proof in discrimination cases and excepting employers from maintaining records to prove they are discriminating.

Elimination efforts by the Justice Department to use bussing to integrate schools, even where discrimination has been proved.

Granting tax-exempt status to private schools that discriminate against against blacks.

In the later case, public outcry produced challenges that were unresolved as this book were going to press. But, for the most part, the government's withdrawal from civil rights enforcement was not seriously challenged.

As a result, blacks faced a future with reduced access to the Courts, reduced enforcement of civil rights laws, and a government that no longer regarded itself as a forum for redress of grievances.

Chapter Two: Blacks and the Police.

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Chapter Two: Blacks and the Police.

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