The evolution of the NAACP’s legal approach for

equality

Mark Tuchnet - The NAACP’s Legal Strategy against Segregated Education, 1925-1950, Chapter 2.

By Tom Kiely

Competing Legal Strategies:

Early Legal Victories

Buchanan v. Warley (1917)

• Ordinance forbidding sale of real estate based on race = violation of 14th Amendment

Moore v. Dempsey (1923)

• Habeus Corpus must be acknowledged in District Courts to avoid mob-dominated verdicts.

=Shift in strategy

Legal success

Financing – Garland Fund

Funds Beginnings• Charles Garland• Harvard Law Student• Receives $1million• Creates fund to combat inequality

Board of Directors• James Weldon Johnson

o Executive Director of NAACP

Board of Directors• Roger Baldwin

o Founder of ACLU

Grants: Garland => NAACP

1930 Request$300,000

1925 – 1929$31,900

Competing Ideologies

Equality through education / litigation

Equality through economics

VS

Walter White’s Proposal

Support legal battles in the South aimed at unequal, education funding

White’s Reason

1) Would drive up cost of education

2) Would create multiple appeals

3) Would bring national attention to racist education allocation of public funds

White’s Conclusion

1)Expensive dual schooling would force de-segregation

2)Multiple appeals would create federal legislation

3)Black community would mobilize / be empowered

Execution of White’s plan

Nathan Margold• Appointed by White to spearhead

NAACP’s legal campaign• Recommended by fellow Frankfurter

protégé, Charles Hamilton Houston• Created detailed legal plan in May,

1931 to combat racial inequality

Margold Report• Drew primarily from 3 previous Supreme

Court rulingso Plessy v. FergusonoOklahomao Yick Wo v. Hudson

Plessy v. Ferguson (1890)

• Man of mixed race was denied access to white car on train.

• Verdict – Equal protection in 14th amendment guarantees political equality, not social equality.

• Importance to Margold – Though not explicit, ‘separate but equal’ rulingo Louisiana statute demanded the ‘but equal,’ not the

Supreme Courto Only allowed segregation that was reasonable and

enacted in good faitho Massachusetts education case cited in decision

Oklahoma (1914)• Black people were not offered dining or sleeping cars

on Oklahoma railroad. One argument of which was that it was not economically feasible to have them.

• Verdict – Segregation was upheld, however, argument that fiscal concerns could allow state to deny constitutional rights was held without merit.

• Importance to Margold – Court said that number of people being discriminated is irrelevant, constitutional rights are personal ones. Therefore, a ‘defense of compensating inequalities was unavailable.’

Yick Wo v. Hopkins• San Francisco statute mandated a permit to any person

wanting to use hand laundries in a wood facility. Though race-neutral, permits were handed out to significantly greater numbers of whites than Chinese.

• Verdict – Administering of these permits was unconstitutional.

• Importance to Margold – A statute did not have to explicitly state equality to require it.

Margold’s Theory• Equal spending litigation would be endless and

difficult• Re-direct attack to challenge separation of

schools, not just inequality.• Focus on 3 facts

o 1) State law required separate schoolso 2) Allocation to schools was unequalo 3) State remedies unavailable

• Coupled with a white-ally campaign, this strategy would enable the most growth and meet the least resistance.

Margold’s Conclusion

“Segregation coupled with discrimination resulting from administrative action permitted but

not required by state statute, is just as much a denial of equal protection of laws as is

segregation coupled with discrimination required by express statutory enactment.”

Post- Margold Report

Transition• Money ran dry from Garland Fund

1) Lack of payment from previous loan2) Depression3) *Unwillingness to utilize more money on work related causes

• Walter White believed race matteredo Wanted a black man to defend black causes.

Charles Hamilton Houston

• Chose to replace Margold as head of NAACP Legal Team

• Had built up Howard Law School as farm system for elite, black lawyers

Houston Era Strategy• Began hiring black lawyers to help lead the black

fight. More than just symbolic.• Houston reverted back to a mobilization – heavy

legal strategy to litigate in an effort to organize the black community.