ABSTRACT
Because American law is based on the premise that all persons are entitled to equal justice
under the law, unpopular positions are more likely to be heard in the courts than in the
legislative and executive branches of government. This makes the judiciary, particularly the
Supreme Court, increasingly important instruments of social change in the United States, as
many groups seek to have their voices heard there. Social movements can best be thought of as
groups of people seeking some kind of change in the social order, and usually for every social
movement there is a countermovement whose goal is to resist the change that social movements
advocate. These groups can be large or small, centered on a specific issue or around broad
ideals, and can be highly organized with a rigid hierarchy or loosely organized with no clear
structure. Social movements and their countermovement opponents must seek validation
from the state, and can do so in different ways. They may appeal to a large enough number
of people for legislatures or executives to act on their behalf. If social movements represent
minority viewpoints, however, this popular support may be difficult to arrange. Thus, the
courts may be the only refuge for these groups.
