Question about the Loving vs. Virginia case. When the Lovings appealed and accused the State of Virgina of violating their federally protected constitutional rights under the 14th amendment, Virginia could have invoked an earlier decision of the US Supreme Court itself authorizing the States to prohibit interracial marriages. Was Virgina able to invoke such a Supreme Court precedent?

Question

Question about the Loving vs. Virginia case. When the Lovings appealed and accused the State of Virgina of violating their federally protected constitutional rights under the 14th amendment, Virginia could have invoked an earlier decision of the US Supreme Court itself authorizing the States to prohibit interracial marriages. Was Virgina able to invoke such a Supreme Court precedent?

Answer 1

Thanks. I ended up figuring it out before. But I do have another question:

Brown v. Board appears to have been influenced by Cold War political considerations. Explain. Does that point help to explain why appellate court decision-making sometimes evolves in surprising or unpredictable ways?

I've tried looking online for information but I can't really seem to find anything that is helpful.

Answer 2

To find out whether Virginia was able to invoke a Supreme Court precedent that authorized the states to prohibit interracial marriages during the Loving v. Virginia case, you can follow these steps:

1. Research the specific Supreme Court case mentioned: Start by identifying the earlier Supreme Court decision that allowed states to prohibit interracial marriages. In this case, the precedent being referred to is the 1883 decision in Pace v. Alabama.

2. Read the Pace v. Alabama case: Access the full text of the Pace v. Alabama case, which declared that states could prohibit interracial marriages. Read the court's opinion and reasoning behind the decision.

3. Compare the precedents: Compare the specific details and legal arguments made in the Loving v. Virginia case to those in the Pace v. Alabama case. Assess whether the Loving case had any distinguishing factors or arguments that could have affected the application of Pace as a precedent.

4. Review the Loving v. Virginia Supreme Court decision: Analyze the actual decision of the Supreme Court in the Loving case to determine if it specifically addressed or cited the Pace v. Alabama precedent. Look for any discussion or argumentation where the court either discussed or distinguished the Pace ruling.

By following these steps, you should be able to determine whether Virginia was able to invoke the Pace v. Alabama precedent during the Loving v. Virginia case to argue that states were allowed to prohibit interracial marriages.