Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)
The case of Jones v. Mayer Co.
Does the Civil Rights Act of 1866, specifically 42 U.S.C. § 1982, prohibit private racial discrimination in real estate transactions?
42 U.S.C. § 1982, derived from the Civil Rights Act of 1866, states that all citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
The Supreme Court held that the Civil Rights Act of 1866 does prohibit all racial discrimination, private as well as public, in the sale or rental of property. Therefore, the Alfred H. Mayer Company's refusal to sell a home to Jones based on his race was unlawful.
Jones v. Mayer Co. is a landmark case for law students because it clarifies the scope of federal power to prohibit racial discrimination in private transactions. It exemplifies judicial activism where the Supreme Court interprets statutory law to align with constitutional principles, in this case, the Thirteenth Amendment. By expanding the Civil Rights Act of 1866's enforceability, the decision significantly advanced civil rights protections and influenced subsequent anti-discrimination legislation, including the Fair Housing Act of 1968.