Perhaps the biggest blow that the early twentieth century leveled upon the minority was in the form of the World War II reallocation policy. After striking down measures in 1915 (Guinn v. United States) which sought to limit the minority vote, the Supreme Court went on to endorse this imposed Japanese oppression on two different occasions (1943 & 1944). The court recognized the blatant unconstitutionality of restricting civil right for reasons of race, and yet in this "extreme" situation such measures were happily approved. It would not be until after the threat of war had ceased, that the Court reversed field and spoke out against the attempted oppression of Asian minorities.

It is true that as time progressed, the court became more committed to the minority, but it was a very slow process. There seemed to be no pattern governing the outcome of racially charged court cases. Decisions such as Grovey v. Townsend (1935) seemed to wholeheartedly support segregation while verdicts like Smith v. Allright (1944) made the picture much less clear. Ultimately, the Supreme court of the first half century made some important decisions, decisions which, at times, helped close the gap between "law and right", but at others, opened it even further. For the most part, the verdicts which did extend racial equality were fringe ones which left plenty of room for the racially discriminate to still operate. The major decisions were yet to come.

The Post-Brown Years
In 1954, minorities gained a new champion in the form of Chief Justice Earl Warren. His leadership brought a clear commitment to ending all of the political maneuvering which had for so long compromised the freedom and equality of the racial minority. For the first time, a very clear trend could be seen towards actively pursuing the rectification of racial discrimination. That same year, in Brown v. Board of Education, "separate but equal" doctrine of public education was finally struck down, and the table was set for changes still to come. Over the course of the decade, the Warren Court consistently ruled against state authority, and judicially backed the application of new civil rights acts. Furthermore, private enterprises which provided public services could no longer hide under the guise of individual freedom. By increasing the scope of the public realm, the Court became less and less lenient towards discriminatory practice.

For all of its judicial power, the Warren Court still faced the reality that the application of educational equality remained very dependent upon the support of local administration, support which was often not there. As such, the Warren era came and went with its share of significant advancements, but the implementation problems were by no means over. Burger and Rehnquist brought to the table a more conservative approach to Court authority, one which translated into a less active role in determining policy. Further complicating the equation was the fact that this new court had a more diverse ideological make up, lessening the overall unity of judicial action. The battle between state and nation continued to rage.

For the past twenty years, the concept of affirmative action has brought to the foreground a much more complex set of social and racial concerns. As more and more of the fundamental race questions are answered, the more complex and difficult the remainders become. Like the population itself, the Supreme Court has been largely divided on the justifiability of preferential treatment as a means of correcting past wrongs. Again the tension between what is "law" and what is "right" becomes a difficult thing to resolve. Exactly where affirmative action will take the country is still very much in the air.

After briefly looking at the historical context of "race and right", it becomes quite clear that the opinion of the Court and the action which it has taken has evolved quite a lot since the Civil War. After the physical battles ended, the real battles began. This ideological evolution is one which has largely reflected the changing opinion of US society as a whole. Racial tension is still wide spread, but the opinion of the Court and the opinion of main stream white society is much more sympathetic to the minority than it has been before. As the Court makes more and more of a commitment to defending the institute of racial equality, it is up to the rest of society to follow suit.