re is also reason to believe that the mental attitudes of the Supreme
Court justices were influenced by the tenor of life in the United States in
the early 1950s, the very cultural changes that made it almost unthinkable
that the Court would have decided differently. Since the middle of World
War II, change in the conduct of racial relations had been in the air. The
decision in Plessy v. Ferguson in 1896 had set up the conditions under
which Brown v. Board of Education of Topeka could be argued. In Plessy,
the Supreme Court had, in fact, decided in favor of separate but equal
hotel accommodations. That decision was acceptable at the time. That
decision was made, however, during the Lochner Era, an era when the Supreme
Court was very much in favor of protecting business interests, which the
By the start of World War II, it was obvious that big business, the
beneficiary of the Plessy decision, didn't have quite as much pull as
before. In 1941, ten thousand black Ford workers supported the United Auto
Workers in a strike that forced Ford to unionize, bringing wages up
especially for blacks. (Pietrykowski, 1995) In 1943, there were well-
...