Repression, the Judicial System, and Political Opportunities for Civil Rights Advocacy During Reconstruction

Abstract

Contemporary research on the modern civil rights movement stresses the importance of a triad pattern of civil rights protest, white violence, and federal intervention. We explore the role of the U.S. Supreme Court in constraining federal intervention in response to white supremacist violence during Reconstruction. We conclude that Supreme Court decisions played an important role in defeating the Reconstruction-era civil rights movement by minimizing the likely benefits to be gained from civil rights advocacy. Future scholarship should further examine the impact of federal court decisions on the political opportunity structure facing social movements.