The Role of the Supreme Court in American History
Dr. Michael Klarman of the University of Virginia School of Law analyzes and interprets the Brown case and its impact on the Civil Rights Movement. He annotates Justice Douglas's conference notes on Brown, tells stories about the justices, details how justices decide cases, explains why Brown was a hard case for many of the justices, and makes conclusions on why they were nonetheless eventually able to reach a unanimous outcome. He discusses the various ways in which Brown mattered and did not matter by linking Brown with the rise of southern massive resistance, violence, and ultimately the enactment of civil rights legislation in the mid-1960s. Klarman includes lessons on how and why Court decisions matter, how historians tend perhaps to overemphasize the importance of the Court's contributions to racial change in the U.S., and important reminders about how violence was necessary to prompt most whites to care about the civil rights of southern blacks.