Changes

Jump to navigation Jump to search
56 bytes removed ,  05:19, December 17, 2008
Line 31: Line 31:     
===Brown v. Board of Education===
 
===Brown v. Board of Education===
−
Warren acceded to the position of [[Chief Justice]] while ''[[Brown v. Board of Education]]'' was being reargued at the behest of Associate Justice [[Felix Frankfurter]], who ordered re-argument as a stalling tactic, to allow the Justice to gather a unanimous consensus around a [[liberal]] ''Brown'' opinion that would outlaw [[segregation]].  Associate Justice [[Vinson]] was one such stumbling block.
+
Warren acceded to the position of [[Chief Justice]] while ''[[Brown v. Board of Education]]'' was being reargued at the behest of Associate Justice [[Felix Frankfurter]], who ordered re-argument as a stalling tactic, to allow the Court to gather a unanimous consensus around a ''Brown'' opinion that would outlaw [[segregation]].  Chief Justice [[Vinson]] was one such stumbling block.
   −
Warren convened a meeting of the associate justices, and presented to them the simple argument that the only reason to sustain segregation was an honest belief in the inferiority of [[African American]]s.  Warren further submitted that the Court must overrule ''Plessy'' to maintain its legitimacy as an institution of liberty, and it must do so unanimously to avoid massive Southern resistance.  He began to build a unanimous opinion.
+
Warren convened a meeting of the justices, and presented to them the simple argument that the only reason to sustain segregation was an honest belief in the inferiority of [[African American]]s.  Warren further submitted that the Court must overrule ''Plessy'' to maintain its legitimacy as an institution of liberty, and it must do so unanimously to avoid massive Southern resistance.  He began to build a unanimous opinion. Although most justices were immediately convinced, Warren spent some time after this famous speech convincing everyone to sign onto the opinion.  Justices Robert Jackson and Stanley Reed finally decided to drop their dissent to what was by then an opinion backed by all the others. The final decision was unanimous.
−
 
  −
Although many justices were convinced, Warren spent some time after this famous speech convincing two holdouts for segregation to sign onto the opinion.  The first holdout, Justice Vinson, died during this initiative.  The second finally decided to drop his dissent to what was by then a moderate opinion backed by the remaining six justices.
      
Liberals consider Warren's final opinion a political masterwork, not just for his political gamesmanship, but for his general writing, making use of dubious social science research to draw legal conclusions, and laying the groundwork for busing.
 
Liberals consider Warren's final opinion a political masterwork, not just for his political gamesmanship, but for his general writing, making use of dubious social science research to draw legal conclusions, and laying the groundwork for busing.
17,394

edits

Navigation menu