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Justice Deferred - Race and the Supreme Court (Hardcover)
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Justice Deferred - Race and the Supreme Court (Hardcover)
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In the first comprehensive accounting of the US Supreme Court's
race-related jurisprudence, a distinguished historian and renowned
civil rights lawyer scrutinize a legacy too often blighted by
racial injustice. The Supreme Court is usually seen as protector of
our liberties: it ended segregation, was a guarantor of fair
trials, and safeguarded free speech and the vote. But this
narrative derives mostly from a short period, from the 1930s to the
early 1970s. Before then, the Court spent a century largely
ignoring or suppressing basic rights, while the fifty years since
1970 have witnessed a mostly accelerating retreat from racial
justice. From the Cherokee Trail of Tears to Brown v. Board of
Education to the dismantling of the Voting Rights Act, historian
Orville Vernon Burton and civil rights lawyer Armand Derfner shine
a powerful light on the Court's race record-a legacy at times
uplifting, but more often distressing and sometimes disgraceful.
For nearly a century, the Court ensured that the nineteenth-century
Reconstruction Amendments would not truly free and enfranchise
African Americans. And the twenty-first century has seen a steady
erosion of commitments to enforcing hard-won rights. Justice
Deferred is the first book that comprehensively charts the Court's
race jurisprudence. Addressing nearly two hundred cases involving
America's racial minorities, the authors probe the parties
involved, the justices' reasoning, and the impact of individual
rulings. We learn of heroes such as Thurgood Marshall; villains,
including Roger Taney; and enigmas like Oliver Wendell Holmes and
Hugo Black. Much of the fragility of civil rights in America is due
to the Supreme Court, but as this sweeping history also reminds us,
the justices still have the power to make good on the country's
promise of equal rights for all.
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