Three Civil Rights Cases That You Should Know About
Most people know about the landmark civil rights cases. Certain court decisions receive due attention for their effect on society. Brown vs. Board of Education (1954) comes to mind. You are probably aware that this Supreme Court decision rendered racial segregation in public schools unconstitutional.
However, there are other cases worthy of veneration. You should know about these decisions to have a full understanding of just how real change came about. Following are three such important cases that every American who cares about civil rights should know.
1. Carolene Products (1938)
This 1938 case made it official that American courts would seek to protect powerless minority groups. Officially, the case dealt with milk; nevertheless, Justice Harlan Stone took things further. In his written decision, the justice included the now famous footnote four.
The Stone citation declared that a function of government was to ensure the rights of "insular and discrete" minorities. Influenced by World War II Nazi persecution of Jews, Stone enshrined in law the safety of those who lack sufficient numbers to effect change through the regular political process. This fundamental belief would drive much legal reasoning leading up to Brown in 1954.
2. Hernandez vs Texas (1954)
People tend to believe that the high court decided Brown in a vacuum. In reality, Hernandez vs. Texas came two weeks earlier. Pete Hernandez, a Mexican-American, sought relief from the discriminatory Texas courts. He had been denied his claims because, as a person of Mexican descent, the 14th Amendment did not apply.
At the time, many civil rights laws extended to only a few racial and religious categories. The Supreme Court changed this position. Hernandez could seek protection under the 14th Amendment Equal Protection Clause. There was evidence of a pattern of discrimination and segregation similar to that suffered by African Americans. As such, Mexican Americans constituted a distinct minority group that the courts should protect.
3. Katzenbach vs. McClung (1964)
Despite the passing of the 1964 Civil Rights Act, some Southerners continued to deny African Americans access to public accommodations. In Birmingham, Alabama, a restaurant owner claimed his establishment was a state business and thus the federal civil rights law was void.
In a skillful legal move, Attorney General Nicholas Katzenbach, a discrimination attorney, proved that the restaurant had conducted business outside Alabama. Any transaction, such as buying napkins from an out-of-state vendor, was interstate commerce. Thus, the 1964 Civil Rights Act could virtually be applied to any business. Racial segregation was, in general, legally dead.
Civil Rights Still Need Protecting
These cases and those more well known did not end all discrimination. Today, people still suffer indignities. If you witness an act of bigotry or prejudice, contact a civil rights attorney at the Law Office of Faye Riva Cohen, P.C. or a similar firm.
Share