1857 — Dred Scott v. Sandford
Chief Justice Taney: enslaved and free Black people are not citizens and have 'no rights which the white man was bound to respect.' Catalyzed the Civil War. Repudiated by the Reconstruction Amendments.
1865 — 13th Amendment
Abolished slavery 'except as a punishment for crime' — the exception connecting slavery to mass incarceration today and a live constitutional argument in prison-labor cases.
1868 — 14th Amendment
Citizenship; Equal Protection; Due Process. The constitutional engine of virtually all civil rights litigation for the next 158 years — and counting.
1870 — 15th Amendment
Prohibits denial of the right to vote based on race, color, or previous condition of servitude. The constitutional basis of the Voting Rights Act and the subject of Callais.
1896 — Plessy v. Ferguson
Upheld 'separate but equal.' Justice Harlan's lone dissent — 'Our Constitution is color-blind' — is now invoked by both sides. Controlled law for 58 years.
1909 — NAACP founded
The National Association for the Advancement of Colored People was co-founded by Ida B. Wells, W.E.B. Du Bois, Moorfield Storey, and others after the 1908 Springfield, IL race riot. From the beginning, its strategy was legal.
1925 — National Bar Association founded
August 1, 1925, Des Moines, Iowa — 12 Black lawyers including Gertrude E. Rush (the only woman co-founder), George H. Woodson, S. Joe Brown, James B. Morris, and Charles P. Howard Sr. — founded the NBA after being denied ABA membership. Rush became the first Black woman licensed to practice law in Iowa.
1938 — Missouri ex rel. Gaines v. Canada
First SCOTUS win for the 'equal in equal protection' litigation strategy developed by Charles Hamilton Houston — requiring Missouri to admit Lloyd Gaines to its law school or build a separate equal facility.
1954/1955 — Brown v. Board of Education I & II
Overruled Plessy in public education: 'separate educational facilities are inherently unequal.' Argued by Thurgood Marshall. Brown II ordered desegregation 'with all deliberate speed' — which is still being litigated in some districts. The single most significant Supreme Court decision of the 20th century.
1964 — Civil Rights Act
Title VI: no discrimination in federally funded programs. Title VII: no discrimination in employment based on race, color, religion, sex, or national origin. Still the operative federal employment discrimination statute.
1965 — Voting Rights Act
Section 2 (nationwide ban on discriminatory voting practices) and Section 5 (preclearance for covered jurisdictions). Passed after Bloody Sunday, March 7, 1965, Selma, Alabama. The subject of 60 years of litigation and three Supreme Court decisions that have progressively gutted it.
1968 — Fair Housing Act
Passed one week after Dr. King's assassination. See the April campaign page for full treatment.
1971 — Griggs v. Duke Power Co.
Unanimous SCOTUS: Title VII prohibits employer practices that are 'fair in form, but discriminatory in operation' — the disparate-impact doctrine. Required business necessity for facially neutral standards that disproportionately screen out Black workers. Later narrowed by Wards Cove (1989) and codified in the 1991 CRA.
1987 — McCleskey v. Kemp
Rejected the Baldus Study's statistical evidence that Black defendants were significantly more likely to receive the death penalty for killing white victims. The majority held that statistical disparity is insufficient; a defendant must show intentional discrimination in their individual case. Widely criticized as one of the Court's worst modern decisions. Still controls capital punishment jurisprudence.
1993 — Shaw v. Reno
First racial gerrymandering challenge: allowed Equal Protection claims against majority-minority districts whose shape suggests racial considerations predominated. The doctrinal seed that eventually grew into Callais.
2003 — Grutter v. Bollinger
5-4: upheld holistic law-school admissions using race as one factor; Justice O'Connor predicted race-conscious admissions would be unnecessary in 25 years. That timeline was cut short.
2013 — Shelby County v. Holder (570 U.S. 529)
5-4, Roberts: Struck Section 4(b)'s coverage formula, rendering Section 5 preclearance inoperable. Ginsburg dissent: 'Throwing away your umbrella in a rainstorm because you are not getting wet.' Congress has not enacted a new formula.
2021 — Brnovich v. DNC
6-3: Narrowed the framework for Section 2 vote-denial claims. Kagan dissent: 'What is tragic here is that the Court has (yet again) rewritten — in order to weaken — a statute that stands as a monument to America's greatness.'
2023 — SFFA v. Harvard (600 U.S. 181)
6-2/6-3, Roberts: Ended race-conscious admissions. Harvard's Black first-year share: 18% (Class of 2027) → 14% (Class of 2028) → 11.5% (Class of 2029). At 29 elite institutions reporting fall 2025 data, only two still had Black enrollment ≥10%; 11 reported ≤5%.
2025 — Ames v. Ohio (June 5, 2025)
9-0, Jackson, J.: Majority-group ('reverse discrimination') plaintiffs face no heightened 'background circumstances' standard under Title VII. Expected to fuel challenges to corporate DEI programs. Thomas concurrence (joined by Gorsuch) would go further.
★ 2026 — Louisiana v. Callais (April 29, 2026)
6-3, Alito, J.: Struck down Louisiana's two majority-Black congressional districts. LDF: 'gutted Section 2 of the Voting Rights Act in all but name.' Key holdings: (1) illustrative maps must satisfy ALL of a state's political goals; (2) plaintiffs must control for partisanship; (3) 'strong evidence of present-day intentional racial discrimination' required. Cascade: Alabama's discriminatory map restored June 2, 2026; Tennessee and Florida redrew maps within days. Justice Kagan dissent: Section 2 is 'all but a dead letter.' Justice Jackson dissented from the expedited-judgment order, accusing the majority of 'diving into the fray' of active elections.