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Who was responsible for eliminating the Jim Crow laws?

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Jim Crow Laws

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  1. In the 20th century, the Supreme Court began to overturn Jim Crow laws on constitutional grounds. In Buchanan v. Warley 245 US 60 (1917), the court held that a Kentucky law could not require residential segregation. The Supreme Court in 1946, in Irene Morgan v. Virginia ruled segregation in interstate transportation to be unconstitutional, in an application of the commerce clause of the Constitution. It was not until 1954 in Brown v. Board of Education of Topeka 347 US 483 that the court held that separate facilities were inherently unequal in the area of public schools, effectively overturning Plessy v. Ferguson, and outlawing Jim Crow in other areas of society as well. This landmark case consisted of complaints filed in the states of Delaware (Gebhart v. Belton); South Carolina (Briggs v. Elliott); Virginia (Davis v. County School Board of Prince Edward County); and Washington, D.C. (Spottswode Bolling v. C. Melvin Sharpe). These decisions, along with other cases such as McLaurin v. Oklahoma State Board of Regents 339 US 637 (1950), NAACP v. Alabama 357 US 449 (1958), and Boynton v. Virginia 364 US 454 (1960), slowly dismantled the state-sponsored segregation imposed by Jim Crow laws.

    In addition to Jim Crow laws, in which the state compelled segregation of the races, businesses, political parties, unions and other private parties created their own Jim Crow arrangements, barring blacks from buying homes in certain neighborhoods, from shopping or working in certain stores, from working at certain trades, etc. The Supreme Court outlawed some forms of private discrimination in Shelley v. Kraemer 334 US 1 (1948), in which it held that "restrictive covenants" that barred sale of homes to blacks or Jews or Asians were unconstitutional, on the grounds that they represented state-sponsored discrimination, in that they were only effective if the courts enforced them.

    The Supreme Court was unwilling, however, to attack other forms of private discrimination. It reasoned that private parties did not violate the Equal Protection clause of the Constitution when they discriminated, because they were not "state actors" covered by that clause.

    In 1971, the Supreme Court, in Swann v. Charlotte-Mecklenburg Board of Education, upheld desegregation busing of students to achieve integration.

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