The relationship between Black Americans and the Supreme Court of the United States (SCOTUS) is intricate and multifaceted, encompassing a range of statistical insights and pivotal moments.
In its 242-year-old history, the symbol of justice and fairness has appointed only three Black justices. SCOTUS has also played a crucial role in shaping civil rights and equality for Black Americans through landmark decisions, although the relationship has been marked by progress and setbacks.
In June 2023, SCOTUS ruled that race-conscious decisions in admissions programs at colleges and universities were unconstitutional. The Brookings Institution said state bans on race-conscious admissions suggest that Black and Hispanic enrollment could drop 10% at selective colleges in the U.S. as a result of the ruling.
Only time will tell the impact of the recent Supreme Court decision on Black college enrollment. To prepare your organization for Black History Month in February, we present Fair360 by the Numbers. This report examines some key milestones and important numbers in the history of SCOTUS and Black Americans.
Supreme Court Justices
Since the Supreme Court first convened in 1790, there have been three Black justices of the nation’s highest court.
In 1967, Thurgood Marshall was the first Black justice appointed to the Supreme Court. He argued 32 cases and is best known for the historic 1954 Brown v. Board of Education case.
In 1991, Clarence Thomas became the second Black justice on the Supreme Court. Thomas was accused of sexual harassment by Anita Hill during his confirmation hearings. The Senate confirmed Thomas by a vote of 52-48, the narrowest margin in a century. He is still serving on the court.
In 2022, Ketanji Brown Jackson became the first Black woman to serve as a justice in the Supreme Court. The final Senate vote for President Biden’s nominee was 53-47, with three Republicans joining all 50 Democrats backing Jackson’s nomination.
Landmark Cases Impacting Black Americans
The U.S. Supreme Court has played a pivotal role in shaping the legal landscape for civil rights in America. Over the years, several groundbreaking decisions have impacted the rights and liberties of Black Americans. Here’s a closer look at three significant cases:
Dred Scott v. Sandford (1857)
A Black man named Dred Scott and his wife sued for their freedom in 1846 on the grounds they had lived in a free territory and state. After an 11-year struggle, the case reached the Supreme Court.
In the ruling, the Supreme Court stated that Black people were not U.S. citizens and could not sue in federal court. The court articulated that the Fifth Amendment established the protection of enslavers from being deprived of their property (enslaved people).
Additionally, many legal scholars consider the decision to be the worst ever rendered by the Supreme Court. The 13th and 14th Amendments to the Constitution eventually overturned the Dred Scott Decision.
The 13th Amendment, ratified in 1865, abolished slavery, ending the institution of slavery in the U.S. Three years later, the 14th Amendment granted citizenship to all persons born or naturalized in the nation. The 1868 decision included formerly enslaved individuals, guaranteeing them equal protection under the law.
Brown v. Board of Education (1954)
Brown v. Board of Education did not stem from one case but five lawsuits against Kansas, Delaware, Virginia, South Carolina and the District of Columbia school districts.
The case was named after Oliver Brown, a father who sued the Board of Education of Topeka, Kansas. The all-white school near Brown’s home denied admission to his daughter, Linda Brown. School segregation was allowed under the “separate but equal” doctrine established by the 1896 Supreme Court case Plessy v. Ferguson.
In a unanimous ruling, the Supreme Court ruled that racial segregation in public schools was unconstitutional, marking a defining moment in American civil rights history.
Loving v. Virginia (1967)
Loving v. Virginia was a Supreme Court case that struck down state laws banning interracial marriage in the U.S.
In 1958, Richard and Mildred Loving were a mixed-race couple who married in Washington, D.C., where interracial marriage was legal. Subsequently, the couple returned to their home in Virginia. Five weeks after their wedding, they were arrested. The Lovings were given a suspended sentence on the condition that they leave Virginia and not return together for 25 years.
However, they refused to accept the ruling and appealed to the U.S. Supreme Court. The nation’s highest court ruled unanimously that so-called “anti-miscegenation” statutes were unconstitutional under the 14th Amendment.
The landmark ruling struck down existing laws against interracial marriage in 16 U.S. states, including Virginia.
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