Brown V. Board Of Education

65 Years Since Supreme Court Decision In Brown V. Board Of Education

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A week ago, the nation commemorated the 65th anniversary of the most significant and far reaching Supreme Court decision of the 20th century, Brown V. Board of Education, decided in 1954 by an unanimous 9-0 decision, spurred on by the second greatest Chief Justice in American history, Earl Warren.

This decision, an extremely rare unanimous case, has had a dramatic effect on America, regarding race relations and equal opportunity, no debate about that.

But at the same time, there is still much racism and prejudice, spurred on by Donald Trump, after the inspiring election before him of Barack Obama, as the ugly side of human relations came to the forefront.

And although there has been progress as compared to before 1954, there still is too much inequity in schools and funding, particularly in “Red” states in the South and Midwest.

But we also see more social intermingling of the different racial groups, as generations of children have friends of people of different backgrounds, and more mixed race children are being born, since skin color has become for many young people not an issue as much as it was their grandparents and even parents.

There is still a lot of work and effort required to promote a truly multiracial society in a nation which will be majority minority in 2040 and beyond.

Mike Huckabee The New Orval Faubus, Ross Barnett, And George Wallace!

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Former Arkansas Governor Mike Huckabee is rapidly becoming the new Orval Faubus, Ross Barnett, and George Wallace—a defiant Governor against the Supreme Court!

Faubus, Governor of Arkansas; Barnett, Governor Mississippi; and Wallace, Governor of Alabama—all vehemently opposed the Supreme Court decision on school integration of 1954 (Brown V. Board of Education), and refused to cooperate with integration, respectively, of the Little Rock, Arkansas high school; the University of Mississippi; and the University of Alabama—and mounted confrontations with the federal government, leading to Presidents Eisenhower and Kennedy to send the National Guard into those states to enforce the edicts of the federal courts.

None of those three Governors look well in American history, rather are seen as law breakers and demagogues, for opposing the Supreme Court decision.

Now Mike Huckabee stands out as a religious fanatic, a man who does not understand separation of church and state, and as a bigot in his attitude toward gays and lesbians.

His idea that the Supreme Court in Obergefell V Hodges is acting in a lawless manner is totally preposterous, but notice he does not oppose the Court when it comes up with a decision that he agrees with, which demonstrates his total hypocrisy, and his own phoniness about the teachings of Jesus, who never referred to gays and marriage in the Old or New Testament.

Huckabee has become a right wing theocratic demagogue, who seems to think taking such a stand will advance his Republican Presidential candidacy, but even Supreme Court Justice Antonin Scalia, who was against the majority opinion on gay marriage, says that no county clerk, such as Kim Davis, can use religious views to avoid her responsibility to do her job, as working for government is a civil job.

So either Kim Davis does  her job without discrimination, or she needs to be forced out of office, or thrown in prison until she agrees to obey the federal courts, which DO have the final say on all constitutional matters.

Marriage is not something to be voted on, but rather a basic human right, and prejudice and bias and homophobia must not be allowed to interfere with the right of two adults to marry!

60 Years Since Brown V. Board Of Education: Segregation Still Reality In Many Areas!

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Sixty years ago, the Supreme Court, headed by Chief Justice Earl Warren, unanimously ruled segregation in public schools unconstitutional.

The reaction was massive resistance, both in the South and also in many Northern communities.

Later Civil Rights legislation in the 1960s gave the government the ability to enforce the end of segregation in all areas of public life, but in schools, the movement toward integration succeeded in some ways, but failed in the sense of promoting equal educational opportunity.

Many state governments continued to promote unequal spending and facilities provided to urban schools, as compared to suburban schools, and this continues today.

Young people have learned to accept each other, despite racial differences, and society has become much more integrated, but still a tone of racism, and a desire to revive the old segregation through new, devious methods still prevails.

And of course, despite having an African American President in Barack Obama, there is still great division and controversy over everything racial. We are not in a post racial America!

So while some progress has been made, there is still a great sense of disappointment in the reality of much segregation that still exists today, and is still encouraged in many political circles!

Federal District Court Judges And Same Sex Marriage Bans Collapsing!

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The move toward same sex marriage churns on, with federal judges having utilized the 14th Amendment in four “Red” states in the past two months now to end the discrimination against gays marrying.

So on Valentine’s Day, it now looks more evident than ever that a national Supreme Court decision is in the offing, with Associate Justice Anthony Kennedy, who wrote the majority decision in Lawrence V. Texas in 2003 igniting the gay civil rights movement, likely to be the fifth and decisive vote in any case that goes to the high Court!

Who would ever have thought that Utah, Oklahoma, Kentucky, and now, newly turned “Blue” Virginia (the state of the Loving V. Virginia interracial marriage case in 1967), would see such rapid action to defy the bigots and the haters?

The federal courts have been the herald of the future in so much of modern history, as with Brown V. Board of Education on racial integration, and Roe V. Wade on abortion rights, and Lawrence V. Texas on gay rights, and the courage of federal district judges across the nation to push the Supreme Court toward a final determination of same sex marriage is an indication that often we have to leave it to appointed judges to lead us to our better side of human nature, the ending of discrimination and injustice!

Sadly, we see right wing evangelicals, Catholics, and Mormons fighting a rear guard action, which only makes one realize the evils of these organized groups that have in the past been on the wrong side of many moral and ethical issues, overlooking slavery, segregation, women’s rights, and now gay rights. This is a losing battle long term, and these groups fighting against progress and human rights will pay the price in loss of membership by their willingness to fight a battle that is already lost!

Justice Harry Blackmun (1973), Justice Anthony Kennedy (2003), And The Likelihood Of Transformative Moment In Constitutional History Again!

Ronald 10 Comments

Associate Justice Harry Blackmun was a THIRD choice of President Richard Nixon for the Supreme Court in 1970 after rejection of Clement Haynesworth and G. Harrold Carswell, and Blackmun went on to make history in 1973, in authoring the decision in Roe V. Wade, arguably the most important decision in modern times on women’s rights!

Associate Justice Anthony Kennedy was a THIRD choice of President Ronald Reagan in 1988 after rejection of Robert Bork and Douglas Ginsburg, and Kennedy went on to make history in 2003, in authoring the majority opinion in Lawrence V. Texas, arguably the most important decision in modern times on gay and lesbian rights!

Are we about to see another transformative moment in the Court’s history and in constitutional history, with the upcoming case on gay marriage, being argued tomorrow and Wednesday, with Kennedy believed likely to continue to support gay advancement, and the hope that he will bring along Chief Justice John Roberts, who has a sense of history, and already showed leadership and courage in backing ObamaCare last June?

Many experts believe the Supreme Court will broadly back gay marriage, although they could just do a narrow decision on Proposition 8 in California, and on the Defense of Marriage Act as an alternative.

But this decision, if broadly based, could be of similar impact, as Loving V. Virginia was on interracial marriage in 1967, or Brown V. Board Of Education was on racial integration of public schools in 1954!

Losing Major Party Presidential Nominees And Their Futures: A Summary

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Losing Presidential nominees usually go on to a future public career, with a few exceptions.

William Jennings Bryan, three time nominee in 1896, 1900, and 1908, went on to become Secretary of State for two years under President Woodrow Wilson.

Alton B Parker, the losing candidate in 1904, went on to become temporary chairman and keynote speaker at the 1912 Democratic National Convention.

Charles Evans Hughes, the losing nominee in 1916, went on to become Secretary of State under Presidents Warren G. Harding and Calvin Coolidge, and Chief Justice of the Supreme Court under Presidents Herbert Hoover and Franklin D. Roosevelt.

James Cox, the losing nominee in 1920, built up a newspaper empire, Cox Enterprises, which would become very influential in the world of journalism, and still is, as the publisher of the Atlanta Journal-Constitution and the Palm Beach Post, as well as cable television and internet enterprises under his heirs.

John W. Davis, the losing 1924 nominee, had a distinguished career as a lawyer who argued cases before the Supreme Court, including being in the losing side of the famous school integration case, Brown V. Board Of Education Of Topeka, Kansas in 1954, and the Youngstown Steel Case of 1952, ruling against President Truman’s seizure of the steel mills during the Korean War. He was on the side opposing school integration and Presidential power, being a true Jeffersonian conservative throughout his life.

Alfred E. Smith, the 1928 losing nominee, became head of the corporation which built the Empire State Building in 1931, and was an active opponent of Franklin D.Roosevelt and his New Deal.

Al Landon, the losing 1936 nominee, spoke up on foreign policy issues as World War II came on, but spent his life in the oil industry, playing a very limited role in public life after the war.

Wendell Willkie, the losing 1940 nominee, proceeded to write a book about his vision of the postwar world, and was thinking of running again in 1944, but died early in that year.

Thomas E. Dewey, the losing nominee in 1944 and 1948, continued to serve as Governor of New York, and was a power player in the Republican Party after his time in office.

Adlai Stevenson, the 1952 and 1956 losing nominee, went on to serve as United Nations Ambassador under Presidents John F. Kennedy and Lyndon B. Johnson.

Barry Goldwater, the losing 1964 nominee, went back to the US Senate, and served three more terms in office.

Hubert Humphrey, the losing 1968 nominee, went back to the Senate and served seven more years in that body.

George McGovern, the losing 1972 nominee, went on to serve eight more years in the US Senate, and kept active in work for the United Nations in various agencies.

Walter Mondale, the losing nominee in 1984, went on to serve as Ambassador to Japan under President Bill Clinton.

Michael Dukakis, the losing nominee in 1988, went back to two more years as Governor of Massachusetts, and also has served as a professor at various institutions, including Northeastern University and Florida Atlantic University.

Bob Dole, the losing 1996 nominee, has engaged in much public activity, including fighting hunger with fellow former nominee George McGovern, and is seen as an elder statesman who is greatly respected.

Al Gore, the losing 2000 nominee, went on to become an advocate for action on climate change and global warming, and also created the cable channel called CURRENT.

John Kerry, the losing 2004 nominee, has continued his distinguished career in the Senate, and may be tapped to join President Obama’s cabinet as Secretary of State or Secretary of Defense.

John McCain, the losing 2008 nominee, has continued his career in the Senate, being last reelected to a six year term in 2010.

The question is what, if any role, Mitt Romney will have in public life, with no hint at this point that he intends any, even after his White House meeting this week with President Barack Obama.

58th Anniversary Of Brown V. Board Of Education Case: Most Powerful Decision Of Supreme Court In 20th Century!

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Today marks the 58th anniversary of the unanimous Supreme Court decision, Brown V. Board Of Education, mandating the end of public school segregation of the races.

No decision of the Supreme Court in the 20th century has had the impact and longevity that the Brown case brought the nation.

This nation is vastly different as a result of this case, which was brought about by the leadership of Chief Justice Earl Warren, and the courageous battle in the courts by future Associate Justice Thurgood Marshall, who argued the case for seven year old Linda Brown of Topeka, Kansas.

Many African Americans have benefited from the decision, and a growing middle class has emerged, but even now there are many black children who are denied equal access and facilities, and attempts in many states to resegregate public schools has become a growing problem.

So the battle for civil rights continues, a never ending struggle, since there are always evil forces who wish to set back progress, and deny access to equal educational opportunities in the states and counties of the nation.

The Republican Attack On The Constitution: A Threat To American Democracy!

Ronald 5 Comments

The Republican Party loves to assert that the Democrats, and progressives in particular, are attacking the Constitution, and that they are the experts on the Constitution.

So therefore, in this Presidential primary season, and in the party membership in Congress, there are statements constantly attacking the court system, anytime that a federal judge or court issues a decision against the conservative view of the Constitution. There are condemnations and calls to change the court system on a regular basis.

One would think that the Democrats and their progressive friends have dominated the courts in recent decades, which, of course, is the exact opposite of the truth!

One forgets that from 1969-2011, there have been only 15 years of Democratic control of the Presidency, as compared to 28 years of Republican control.

The vast majority of federal judges have been Republican appointments, as a result, and Republican Presidents have made a total of 13 Supreme Court appointments over those years, and Democrats have made only 4, two by Bill Clinton and two by Barack Obama!

But now,. Newt Gingrich calls for judges to be required to testify before partisan Congressional committees, a violation of the separation of powers, and a danger to an independent judiciary!

What it comes down to is that Newt Gingrich and all of the Republican opponents, with maybe the exception of Mitt Romney and Jon Huntsman, wish to create a court system that would move away from the path breaking changes that the Supreme Court brought about during the years of the Warren Court, Burger Court, and Rehnquist Court including:

Brown V. Board Of Education
Miranda V Arizona
Roe V Wade
University Of California V. Bakke
Lawrence V Texas

As it is, there are threats presented by the Republican growth of dominance on the federal courts to all of these issues–racial integration, rights of criminal suspects, abortion rights, affirmative action, and gay rights.

The Republicans will not be contented until there are reversals on all of these issues, and a return to the “good old days”, when minorities “knew their place”; police had unlimited rights over those they questioned or arrested; women had no control over their reproductive rights; minorities and women had disadvantages, as compared to white males, on educational and job opportunities; and gays were forced to remain “in the closet” and face open discrimination and hate without recourse!

So when the Republicans claim to understand what the Founding Fathers meant at the Constitutional Convention, they are forgetting that those esteemed leaders put into the Constitution the “Elastic Clause” to allow for expansion of the Constitution beyond the original document, in order to make the Constitution a “living document” adaptable to changing times.

The real threat is not what the federal courts have done in the past sixty years! It is the attempt of conservatives and the Republican Party to negate the great progress brought about the Supreme Court and lower courts in the past sixty years, and revert back to the years after World War II, when all of these great changes started slowly to evolve through courageous judges and Supreme Court Justices, including Earl Warren, William Brennan, Hugo Black, William O. Douglas, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

Kansas: Historic Center Of Massive Battles And Turmoil Does It Again!

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The state of Kansas, center of the Great Plains, is one often overlooked or ridiculed, but it has been a center of massive battles, turmoil, and struggles throughout its history.

Blessed and cursed by its location in the Wheat Belt, Kansas has seen tornadoes, blizzards, drought, hail, floods, and grasshoppers, and was the center of the Dust Bowl of the 1930s, forcing many farmers to leave the state and go west to California for salvation!

It is the territory and state where the Civil War began over slavery in the 1850s, before that war erupted nationally, and it was the center of struggles between Indians and whites from 1860-1890.

It was also the original home of the prohibition movement against liquor, and a center of the Populist movement of the 1890s and the Progressive movement of the early 20th century.

Kansas also became the rare example of a non Southern state which adopted racial segregation legally, and it was a case brought by a young black girl, Linda Brown, in Topeka, Kansas, which led to the famous Brown V. Board of Education Supreme Court decision in May, 1954.

And abortion has become a major controversy in Kansas, with Dr. George Tiller, an abortion doctor, murdered in Wichita a few years ago by an anti abortion fanatic.

Now the state government, under right wing conservative Republican Sam Brownback, former Senator, has passed restrictions on abortion, which has led to only ONE abortion center being available in the entire state, a major victory by the so called Pro Life movement, and a major blow to the Roe V. Wade decision of the Supreme Court in 1973.

So the abortion debate rages on in many states, with Kansas again being the center of controversy, as it often has been in its history over the past 160 years!

Gay Marriage And The Supreme Court: Anthony Kennedy The Crucial Vote!

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In 1967, the US Supreme Court issued a decision in Loving V. Virginia, declaring interracial marriage constitutional. At the time, there was still widespread feeling among the American people, particularly whites, that interracial marriage should not be allowed, with three out of four in a 1968 poll so declaring. And nearly the same percentage, 73 percent, of all races felt the same way in 1968.

It is clear, also, that a majority of people, particularly whites, were not supportive of the Supreme Court decision in 1954, Brown V. Board of Education, which mandated the end of segregation of the races in public education.

Often, the Supreme Court is ahead of the country in formulating change, and of course, conservatives resent that. But without the Court intervening, progress would be slower or completely halted.

Therefore, with the decision of New York State to allow gay marriage, it is time for gay rights advocates to bring a case to the higher court!

But, of course, there is fear that the conservative Court would rule against it, but that is seen as highly unlikely.

No one can be sure how Justices would vote, but even if one considers that Antonin Scalia, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts might vote against, the odds are that Sonia Sotomayor, Elena Kagan, Stephen Breyer, and Ruth Bader Ginsberg would vote in favor.

That leaves Justice Anthony Kennedy, the true centrist on the Court, who more often votes with the conservatives, but often sides with the liberals. And when one considers that Kennedy was the decisive vote in Lawrence V. Texas in 2003, granting privacy rights to gay couples, one has hope that he would continue to support gay rights, including marriage.

Kennedy also supported the rights of gays to stop being treated as a group deserving discrimination in the Colorado Constitution in Romer V. Evans in 1996, and also in a Circuit Court case in 1980, he showed concern about mistreatment of gays.

The timing is crucial, as Ruth Bader Ginsberg may leave the Court soon, and in the next term in office, if a Republican won the White House, both Ginsberg and Kennedy might be replaced, based on their ages, and the opportunity for a Supreme Court decision in favor of gay marriage might have passed!

And remember, unlike interracial marriage, a majority of Americans in a recent poll support the concept of gay marriage, a massive switch from just a few years ago!

So bring on a Supreme Court case and soon!