Legal WI: Homer Plessy Wins?

[MNP]

Ignore how it could happen.

In light of Rand Paul's performance on Rachael Maddow's show it got me thinking: What if in the case Plessy v. Ferguson, Homer Plessy had won and the doctrine of separate-but-equal that granted governments the power to segregate, had been ruled unconstitutional? A lot more of the rights blacks got under Reconstruction might be preserved in that case, so looking at the way things worked for the Reconstruction period or even the Civil Rights Act of 1875 might be instructive as to trends etc.

 

[Metalicon]

For Plessy v. Ferguson to work out in Plessy's favor, the ruling of the Civil Rights Cases of 1883 has to be different. That way, Plessy has a better case regarding discrimination by private individuals or organizations.

 

[Fearless Leader]

You'd also need a different SCOTUS make up as the result was fairly lopsided.

 

[Shawn Endresen]

The problem is that the nation isn't interested in using the Army to enforce those rights at the time. Federal buildings and institutions (including the Army) would be desegregated, but anything specific to the South - local and state governments, companies with no operations or offices in the North - are still going to be segregated, a la 1954-1964, Supreme Court be damned. I think, unfortunately, that what you also see is a significant uptick in Klan activity, as the more thoughtful Southrons realize that the government will ultimately be unable to protect their way of life for them.