White But Not Equal: Mexican Americans, Jury Discrimination, and the Supreme Court

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Check out “A Class Apart” – the new PBS American Experience documentary that explores this historic case! In 1952 in Edna, Texas, Pete Hernández, a twenty-one-year-old cotton picker, got into a fight with several men and used to be dragged from a tavern, robbed, and beaten. Upon reaching his home he collected his .22-caliber rifle, walked two miles back to the tavern, and shot one of the vital assailants. With forty eyewitnesses and a confession, the case gave the look to be open and shut. Yet Hernández v. Texas turned into one of the vital nation’s most groundbreaking Supreme Court cases.

Ignacio García’s White But Not Equal explores this historic but mostly forgotten case, which became the first to recognize discrimination against Mexican Americans. Led by three dedicated Mexican American lawyers, the case argued for recognition of Mexican Americans under the 14th Amendment as a “class apart.” Despite a distinct history and culture, Mexican Americans were regarded as white by law throughout this period, yet in truth they were subjected to prejudice and discrimination. This used to be reflected in Hernández’s trial, in which not one of the selected jurors were Mexican American. The idea that of Latino identity started to shift as the demand for inclusion in the political and judicial system started.

García places the Hernández v. Texas case within a historical perspective and examines the changing Anglo-Mexican relationship. More than just a legal discussion, this book looks at the whole case from start to finish and examines the entire major participants, placing the story within the larger issue of the fight for Mexican American civil rights.

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