Yes, bY a case coming up to the SCOTUS with a legal challenge to segregation. The appeal of the legal argument against segregation had to be accepted by SCOTUS or SCOTUS would not have had a case to examine upon which they ruled against the long standing segregation precedents.
Heard a good analysis today: If Robert Bork would’ve gone through in 1988, and assuming that he would’ve been on the bench until his death in 2013, then President Obama would have nominated another SCOTUS Justice upon Bork’s death. There would have been 5 liberal-leaning judges to 4 conservatives. But Joe Biden and Ted Kennedy messed all of that up in 1988.