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Why use federal courts

Why use federal courts - Why use federal courts Federal...

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Why use federal courts? Federal litigation would eventually lead to the US supreme court, which is a national policy maker whose rulings would bind the state. State Judge are elected/Federal Judges are appointed for life. Good facts (sympathetic plaintiffs, easy to prove facilities are separate but not equal) Good political timing o Sympathetic national elites (the cold war argument) o Emerging sympathetic liberal majority in Congress (The political partnership model) Thinking through the court’s intervention Courts did NOT unilaterally implement desegregation, so what did litigation accomplish in political terms? o Interest group politics: distribution of local benefits o Brown creates a ‘right’ to desegregation o Entrepreneurial politics: The south argues that this is a matter of local politics; civil rights groups trying to argue that more is at stake o Civil rights groups civil disobedience highlights southern resistance to the ‘law’ o Majoritarian politics:
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