Ain’t Gonna Let No Jail House Turn Me ’Round 367
A difficult challenge under any circumstances, it was especially so during the
early summer of 1961 when movement attorneys had to deal with an unpre-
dictable legal context that reflected the uncertainties of federal authority. At
this point no one could be sure how far the Kennedy administration was
willing to go to protect the Freedom Riders’ constitutional rights, or whether
the Riders could gain meaningful access to the federal court system. Ironi-
cally, some of this uncertainty stemmed from Robert Kennedy’s decision to
petition the ICC. Though promising in the abstract, the petition essentially
put the administration on the sidelines until the notoriously slow-moving
regulatory agency got around to responding to the attorney general’s request.
On June 19 the ICC announced that it had begun a preliminary investigation
of the issues raised by the Justice Department’s petition, but it also announced
that formal hearings on the matter would not begin until August 15.
26
In the meantime, movement attorneys were left with limited legal op-
tions. In mid-June the filing of a habeas corpus motion on behalf of Betsy
Wyckoff held out some hope that all of the Freedom Rider arrests would be
nullified, but on June 27 District Judge Sidney Mize ruled against the mo-
tion, arguing that the plaintiff had not yet exhausted potential remedies in
state courts. Ignoring William Kunstler’s insistence that the racially biased
Mississippi courts were of no value to Wyckoff or any other Freedom Rider,
Mize declared that the federal courts had no valid interest in the case until
the state courts rendered a judgment on the legality of the arrests. A week
later, Jack Young, Wyckoff’s other attorney, asked for a reconsideration of
the ruling, but on July 6 Mize denied the appeal. Refusing to give up, Kunstler,
backed by the national office of the ACLU, applied for a certificate of prob-
able cause, a document that would allow Wyckoff ’s case to be heard by the
Fifth Circuit Court of Appeals. On July 12, Judge Minor Wisdom, the most
racially liberal member of the Fifth Circuit Court, granted the certificate,
but ten days later Wisdom and his four colleagues issued a unanimous deci-
sion rejecting Kunstler’s appeal. The final blow came two weeks later, on
July 26, when Associate Justice Hugo Black, speaking for the U.S. Supreme
Court, upheld the Fifth Circuit’s denial of a writ of habeas corpus. In private,
Black, like Wisdom, expressed considerable sympathy for the Riders’ pre-
carious legal situation, but as a matter of law he felt compelled to rule against
Kunstler’s unproven allegation that Wyckoff could not get a fair hearing in
the courts of Mississippi.
27
The Wyckoff case represented a major setback for movement leaders
who had hoped to circumvent the costly and potentially debilitating process
of appealing the Freedom Riders’ convictions in state court. Fortunately for
the movement, it was only one of several important legal developments to
emerge in late June and July. Most were favorable to the cause of racial equal-
ity, and for the first time in years civil rights advocates detected a quickening
in the legal assault on Jim Crow. For more than a decade the trajectory of
civil rights law and federal policy had been tilting toward desegregation, but