Jim Crow Laws - World War II Era

World War II Era

After World War II, African Americans increasingly challenged segregation, as they believed they had more than earned the right to be treated as full citizens because of their military service and sacrifices. The Civil Rights Movement was energized by a number of flashpoints, including the 1946 attack on World War II veteran Isaac Woodard while he was in U.S. Army uniform. In 1948 President Harry S. Truman issued Executive Order 9981, desegregating the armed services.

As the Civil Rights Movement gained momentum and used federal courts to attack Jim Crow statutes, the white-dominated governments of many of the southern states countered by passing alternative forms of restrictions.

The NAACP Legal Defense Committee (a group that became independent of the NAACP) – and its lawyer, Thurgood Marshall – brought the landmark case Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) before the Supreme Court. In its pivotal 1954 decision, the Court unanimously overturned the 1896 Plessy decision. The Supreme Court found that legally mandated (de jure) public school segregation was unconstitutional. The decision had far-reaching social ramifications. De jure segregation was not brought to an end until the passage of the Civil Rights Act of 1964. History has shown that problems of educating poor children are not confined to minority status, and states and cities have continued to grapple with approaches.

The court ruling did not stop de facto or residentially based school segregation. Such segregation continues today in many regions. Some city school systems have also begun to focus on issues of economic and class segregation rather than racial segregation, as they have found that problems are more prevalent when the children of the poor of any ethnic group are concentrated.

Associate Justice Frank Murphy introduced the word "racism" into the lexicon of U.S. Supreme Court opinions in Korematsu v. United States, 323 U.S. 214 (1944). He stated that by upholding the forced relocation of Japanese Americans during World War II, the Court was sinking into "the ugly abyss of racism." This was the first time that "racism" was used in Supreme Court opinion (Murphy used it twice in a concurring opinion in Steele v. Louisville & Nashville R. Co. 323 192 (1944) issued that day). Murphy used the word in five separate opinions, but after he left the court, "racism" was not used again in an opinion for almost two decades. It next appeared in the landmark decision of Loving v. Virginia, 388 U.S. 1 (1967).

Interpretation of the Constitution and its application to minority rights continues to be controversial as Court membership changes. Observers such as Ian F. Lopez believe that in the 2000s, the Supreme Court has become more protective of the status quo.