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Rosa Parks

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Author Topic: Rosa Parks  (Read 148 times)
Booker Gant
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« on: November 29, 2007, 01:36:14 pm »

Immediately after the initiation of the bus boycott, legal strategists began to discuss the need for a federal lawsuit to challenge city and state bus segregation laws, and approximately two months after the boycott began, they reconsidered Claudette Colvin's case. Attorneys Fred Gray, E.D. Nixon and Clifford Durr (a white lawyer who, with his wife, Virginia, was an activist in the Civil Rights Movement and a former employer of Parks) searched for the ideal case law to challenge the constitutional legitimacy of city and state bus segregation laws. Parks' case was not used as the basis for the federal lawsuit because, as a criminal case, it would have had to make its way through the state criminal appeals process before a federal appeal could have been filed. City and state officials could have delayed a final rendering for years. Furthermore, attorney Durr believed it possible that the outcome would merely have been the vacating of Parks' conviction, with no changes in segregation laws.

Gray researched for a better lawsuit, consulting with NAACP legal counsels Robert Carter and Thurgood Marshall, who would later become U.S. Solicitor General and a U.S. Supreme Court justice. Gray approached Aurelia Browder, Susie McDonald, Claudette Colvin and Mary Louise Smith, all women who had had disputes involving the Montgomery bus system the previous year. They all agreed to become plaintiffs in a civil action law suit. Browder was a Montgomery housewife, Gayle the mayor of Montgomery. On February 1, 1956, the case of Browder v. Gayle was filed in U.S. District Court by Fred Gray. It was Browder v. Gayle that brought segregation to an end on public buses.

On June 19, 1956, the U.S. District Court's three-judge panel ruled that Section 301 (31a, 31b and 31c) of Title 48, Code of Alabama, 1940, as amended, and Sections 10 and 11 of Chapter 6 of the Code of the City of Montgomery, 1952, "deny and deprive plaintiffs and other Negro citizens similarly situated of the equal protection of the laws and due process of law secured by the Fourteenth Amendment" (Browder v. Gayle, 1956). The court essentially decided that the precedent of Brown v. Board of Education (1954) could be applied to Browder v. Gayle. On November 13, 1956, the United States Supreme Court outlawed racial segregation on buses, deeming it unconstitutional. The court order arrived in Montgomery, Alabama, on December 20, 1956, and the bus boycott ended the next day. However, more violence erupted following the court order, as snipers fired into buses and into King's home, and terrorists threw bombs into churches and into the homes of many church ministers, including Martin Luther King Jr.,'s friend Ralph Abernathy.
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