At an age when most of his contemporaries were retiring from political life, Byrnes was not yet ready to give up public service, and at age 72 he was elected governor of
South Carolina, serving from 1951 to 1955, in which capacity he vigorously criticized the Supreme Court's decision in
Brown v. Board of Education.
Ironically, Byrnes was initially seen as a strong progressive voice for moderate Negro rights. Recognizing that the South could not continue with its entrenched segregationist policies much longer, but fearful of Congress imposing sweeping civil rights upon the South, he opted for a course of change from within. To that end, he sought to at last fulfill the Supreme Court's promise of "separate but equal," particularly in regard to public education, and he poured state money into improving Negro schools, buying new textbooks and new buses, and hiring additional teachers. He also sought to curb the power of the
Ku Klux Klan by passing a law that prohibited adults from wearing a mask in public on any day other than
Halloween; by this measure, he knew that many Klansmen feared exposure, and would not appear in public in their robes unless their faces were hidden as well. Byrnes hoped to make South Carolina an example for other Southern states to modify their "
Jim Crow" policies. That didn't stop the
NAACP from filing a suit against South Carolina to force the state to desegregate its schools. Byrnes turned to
Kansas, a Northern state which also segregated its schools, to provide a "friend of the court" statement supporting the right of school segregation on his state's behalf in the trial. This gave the NAACP's lawyer,
Thurgood Marshall, the idea to shift the suit from South Carolina over to Kansas, which led directly to Brown v. Board of Education.
The South Carolina state constitution limited governors to one four year term, and Byrnes retired from active political life following the 1954 election.
In his later years, Byrnes foresaw the South as a much more important player in national politics, and to hasten that development, he sought to end the South's automatic support of the Democratic Party (which Byrnes felt had grown too liberal, and which took the "
Solid South" for granted at election time, yet otherwise ignored the region and its needs), and to realign it with the Republican Party. This was despite the fact that Byrnes remained a registered Democrat for much of the rest of his life.
Byrnes endorsed
Dwight D. Eisenhower in 1952 and 1956,
Richard Nixon in 1960 and 1968 and
Barry Goldwater in 1964. He gave his private blessing to South Carolina Senator
Strom Thurmond to bolt the Democratic Party in '64 and declare himself a Republican, but Byrnes himself remained a registered Democrat that year. He eventually switched formal allegiances to the
Republican Party. In 1968, he secretly advised Nixon on how to win over old-time Southern Democrats to the Republican Party.