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Litigation in the Civil Rights Movement

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The battle to gain civil rights for all Americans regardless of their race -- and later their gender -- was fought on a number of different fronts and by peaceful soldiers of all colors and all ages. This paper examines the role that litigation played in furthering the cause of civil rights in the United States during the years 1954 to 1959. Litigation would not have been enough to raise the status of black Americans on its own, but the grass-roots protests that are the symbolic heart and the remembered images of the Civil Rights movement would not have been sufficient to produce the sea change that occurred in American society without the earlier legal strategies and actions.

The legal challenges to the racial iniquities in American society trace their roots back to 1933 when Nathan Ross Margold, a white, Harvard-trained lawyer for the NAACP published what became known as the Margold Report and that was a denial of the legitimacy of the separate-but-equal doctrine that provided a legal basis for a segregated society (Williams, 1987, p. 9). That doctrine had been established across the nation in a variety of social arenas -- from schools to trains to restaurants -- by the 1896 decision by the U.S. Supreme court known as Plessy v. Ferguson.

The decision stated that the Constitution permitted separation of the races so long as the separate facilities provided for blacks and whites were equal. The decision was both morally problematic and legally weak because it relied on leg

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Approximate Word count = 965
Approximate Pages = 4 (250 words per page)

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