Justice Deferred

Justice Deferred
Author: Orville Vernon Burton
Publisher: Harvard University Press
Total Pages: 465
Release: 2021-05-04
Genre: Law
ISBN: 0674975642

In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.

The Supreme Court, Race, and Civil Rights

The Supreme Court, Race, and Civil Rights
Author: Abraham L. Davis
Publisher: SAGE Publications
Total Pages: 510
Release: 1995-07-25
Genre: Political Science
ISBN: 1452263795

Providing a well-rounded presentation of the constitution and evolution of civil rights in the United States, this book will be useful for students and academics with an interest in civil rights, race and the law. Abraham L Davis and Barbara Luck Graham's purpose is: to give an overview of the Supreme Court and its rulings with regard to issues of equality and civil rights; to bring law, political science and history into the discussion of civil rights and the Supreme Court; to incorporate the politically disadvantaged and the human component into the discussion; to stimulate discussion among students; and to provide a text that cultivates competence in reading actual Supreme Court cases.

On Account of Race

On Account of Race
Author: Lawrence Goldstone
Publisher: Catapult
Total Pages: 305
Release: 2020-05-05
Genre: Political Science
ISBN: 1640093923

Winner of the Lillian Smith Book Award An award–winning constitutional law historian examines case–based evidence of the court's longstanding racial bias (often under the guise of "states rights") to reveal how that prejudice has allowed the court to solidify its position as arguably the most powerful branch of the federal government. One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today. Beginning in 1876, the Supreme Court systematically dismantled both the equal protection guarantees of the Fourteenth Amendment and what seemed to be the right to vote in the Fifteenth. And so a half million African Americans across the South who had risked their lives and property to be allowed to cast ballots were stricken from voting rolls by white supremacists. This vacuum allowed for the rise of Jim Crow. None of this was done in the shadows—those determined to wrest the vote from black Americans could not have been more boastful in either intent or execution. On Account of Race tells the story of an American tragedy, the only occasion in United States history in which a group of citizens who had been granted the right to vote then had it stripped away. It is a warning that the right to vote is fragile and must be carefully guarded and actively preserved lest American democracy perish.

“Race,” Rights and the Law in the Supreme Court of Canada

“Race,” Rights and the Law in the Supreme Court of Canada
Author: James W. St. G. Walker
Publisher: Wilfrid Laurier Univ. Press
Total Pages: 474
Release: 1997-10-27
Genre: History
ISBN:

Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR

Critical Race Judgments

Critical Race Judgments
Author: Bennett Capers
Publisher: Cambridge University Press
Total Pages: 725
Release: 2022-04-21
Genre: Law
ISBN: 1316732592

By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.

Colorblind Injustice

Colorblind Injustice
Author: J. Morgan Kousser
Publisher: Univ of North Carolina Press
Total Pages: 603
Release: 2000-11-09
Genre: History
ISBN: 0807862657

Challenging recent trends both in historical scholarship and in Supreme Court decisions on civil rights, J. Morgan Kousser criticizes the Court's "postmodern equal protection" and demonstrates that legislative and judicial history still matter for public policy. Offering an original interpretation of the failure of the First Reconstruction (after the Civil War) by comparing it with the relative success of the Second (after World War II), Kousser argues that institutions and institutional rules--not customs, ideas, attitudes, culture, or individual behavior--have been the primary forces shaping American race relations throughout the country's history. Using detailed case studies of redistricting decisions and the tailoring of electoral laws from Los Angeles to the Deep South, he documents how such rules were designed to discriminate against African Americans and Latinos. Kousser contends that far from being colorblind, Shaw v. Reno (1993) and subsequent "racial gerrymandering" decisions of the Supreme Court are intensely color-conscious. Far from being conservative, he argues, the five majority justices and their academic supporters are unreconstructed radicals who twist history and ignore current realities. A more balanced view of that history, he insists, dictates a reversal of Shaw and a return to the promise of both Reconstructions.

Race-ing Justice, En-gendering Power

Race-ing Justice, En-gendering Power
Author: Toni Morrison
Publisher: Pantheon
Total Pages: 507
Release: 1992-10-06
Genre: Social Science
ISBN: 0679741453

It was perhaps the most wretchedly aspersive race and gender scandal of recent times: the dramatic testimony of Anita Hill at the Senate hearings on the confirmation of Clarence Thomas as Supreme Court Justice. Yet even as the televised proceedings shocked and galvanized viewers not only in this country but the world over, they cast a long shadow on essential issues that define America. In Race-ing Justice, En-gendering Power, Nobel Prize winner Toni Morrison contributes an introduction and brings together eighteen provocative essays, all but one written especially for this book, by prominent and distinguished academicians—Black and white, male and female. These writings powerfully elucidate not only the racial and sexual but also the historical, political, cultural, legal, psychological, and linguistic aspects of a signal and revelatory moment in American history. With contributions by: Homi K. Bhabha, Margaret A. Burnham, Kimberlé Crenshaw, Paula Giddings, A. Leon Higginbotham, Jr., Claudia Brodsky Lacour, Wahneema Lubiano, Manning Marable, Nellie Y. McKay, Toni Morrison, Nell Irvin Painter, Gayle Pemberton, Andrew Ross, Christine Stansell, Carol M. Swain, Michael Thelwell, Kendall Thomas, Cornel West, Patricia J. Williams

A Representative Supreme Court?

A Representative Supreme Court?
Author: Barbara Perry
Publisher: Praeger
Total Pages: 184
Release: 1991-08-30
Genre: Law
ISBN:

Barbara Perry's A representative Supreme Court? focuses on the appointment of 15 of the 105 Justices (8 Catholics, 5 Jews, one black and one woman) to serve on the Supreme Court between 1789 and 1990: Roger Taney, Edward White, Joseph McKenna, Pierce Butler, Louis Brandeis, Benjamin Cardozo, Felix Frankfurter, Frank Murphy, William Brennan, Arthur Goldberg, Abe Fortas, Thurgood Marshall, Sandra Day O'Connor, Antonin Scalia, and Anthony Kennedy. After an opening chapter laying out the conceptual framework that underlies Perry's investigation of the representative nature of the Supreme Court, the book presents a detailed examination of the circumstances surrounding the nomination and confirmation of each justice. Perry's analysis of the historical record shows that race and gender were important considerations in the appointments of Marshall and O'Connor. The evidence on religion as a factor in the appointment process is mixed. For some nominees their religion played no consequential role in the deliberations of the president who chose them. For others, religion was an important if not the primary reason for their selection to the high court. Often unrecognized, Perry identifies concern with these representational criteria of religion, race, and gender as a distinctively 20th century phenomenon. While Perry's suggestion that representation narrowly defined is relevant to court nominations, her more persuasive argument deals with the relevance of court nominations to presidential politics. She draws a link between the political coming of age of Catholics, Jews, blacks and women and the degree to which presidents have considered these representational characteristics of potential nominees. Representation is seen as a political reward. In some cases, the reward is paid for past support. In other situations, the reward is offered in anticipation of or to secure future support. Having answered the question of whether representative factors such as religion, race and gender played a role in the selection of Supreme Court Justices, Perry ventures further to address the issue of whether such factors SHOULD play a role. In confronting this normative question she finds herself skating on thin ice. The book turns on a specific definition of representation. Perry's definition warrants discussion for it both refines and limits her thesis. Following Pitkin and Mosher, Perry concentrates on "descriptive" or "passive" representation which is "concerned with who the representative is or what he or she is like rather than what he or she does" (10). Indeed Perry argues forcefully in Chapter 6 that the court should be representative in this sense. But what is the value of descriptive representation? Descriptive representation may assist the court in establishing legitimacy of its decisions. Yet was it important to have a black representative on the court to get blacks to accept decision Brown v. Board of Education? Did having a Catholic member of the court make Roe v. Wade more acceptable to Catholics? Will having three Catholics on the court help legitimate the overturning of Roe v. Wade? Did having a man pen the Roe decision make it more palatable to men and will having a woman vote to overturn Roe make women more willing to accept such a decision? What other possible effects of minority group representation exist? Perhaps these individuals are role models for current or future generations. Consider the words of Whitney M. Young, Jr. on the appointment of Thurgood Marshall to the Supreme Court: Page 127 follows: This is an event of tremendous significance for Negro citizens. It is an example of the heights which are open to kids in the ghetto....His appointment is proof that, whatever the obstacles, Negroes can fight their way to the top. (101) Yet no evidence is presented to suggest that Black Americans have found Thurgood Marshall to be a role model. Similarly, there is no evidence that Catholic, Jewish, or female Americans have drawn on the models presented by the likes of William Brennan, Abe Fortas and Sandra Day O'Connor. Combined with the assertion that descriptive representation has not led to substantive representation, it is hard to see the point of an emphasis of descriptive representation on the High Court at all. In many ways, the principal findings here (despite the author's claims) are not about descriptive representation but about the extent of interest representation on the Supreme Court. For those who worry about the policy agendas of Supreme Court justices, Perry's work implies that such worries are overblown -- at least with respect to minorities advancing positions that might be attributed to the groups they represent. Unfortunately, Perry's work predates the Thomas nomination of 1992. It would add to the single case study of Thurgood Marshall in assessing the notion of a Black seat on the Court. Writing prior to the Thomas nomination, Perry anticipates his promotion: Clarence Thomas, a conservative black member of the U.S. Court of Appeals..., reportedly made the short list of four candidates when Bush was considering a replacement for Justice Brennan... (106) Perry argues that the best alternative for Bush would be "to nominate a well-qualified, moderately conservative black, whose race might blunt ideological attacks as Justice O'Connor's gender and Justice Scalia's ethnic heritage arguably did." (106) Bush may well have attempted to follow such advice in nominating Thomas to succeed Marshall. The strategy was barely successful. There are evidentiary concerns. In attempting to demonstrate the importance of these representational factors, Perry ignores systematic comparisons between the eventual nominee and the "competition", those other individuals who were considered by the president and rejected in favor of the nominee. How can readers assess if race, religion or gender played a decisive role, one that put a particular nominee "over the top" in Perry's words, if we do not know what the competition looked like? One frustrating aspect of the book is its limited focus on the Supreme Court. This is simply a bias of the reviewer. Assessment of the descriptive representation of the Supreme Court is but a small step in the examination of representation in American courts. Most descriptive representation in our nation's courts exists at lower levels of the federal courts and on the state benches. Perry concludes by reminding the reader that arguments pitting merit versus representation as criteria for Supreme Court appointments are both simplistic and often inaccurate. It is possible for a candidate to satisfy both concerns. Presidents rarely look for representative candidates that lack merit although they may often consider meritorious candidates without taking representation of group interests into account (and certainly some presidents have appeared to offer candidates satisfying neither criteria). Neither ideology nor representation necessarily detract from merit. A candidate, particularly a successful one, is likely to satisfy a variety of criteria. Ideological compatibility, merit, AND representational qualifications combine to make a nominee that will be successful. Similarly, I would not overlook the merits of this work despite the weaknesses noted. The systematic historical Page 128 follows: presentation of nomination politics will be welcome. It is a step toward further study of the role of minorities in the American courts.

White by Law

White by Law
Author: Ian Haney Lopez
Publisher: NYU Press
Total Pages: 285
Release: 2006-10
Genre: Law
ISBN: 0814736947

Publisher Description

A People's History of the Supreme Court

A People's History of the Supreme Court
Author: Peter Irons
Publisher: Penguin
Total Pages: 609
Release: 2006-07-25
Genre: Political Science
ISBN: 1101503130

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court featuring a forward by Howard Zinn Recent changes in the Supreme Court have placed the venerable institution at the forefront of current affairs, making this comprehensive and engaging work as timely as ever. In the tradition of Howard Zinn's classic A People's History of the United States, Peter Irons chronicles the decisions that have influenced virtually every aspect of our society, from the debates over judicial power to controversial rulings in the past regarding slavery, racial segregation, and abortion, as well as more current cases about school prayer, the Bush/Gore election results, and "enemy combatants." To understand key issues facing the supreme court and the current battle for the court's ideological makeup, there is no better guide than Peter Irons. This revised and updated edition includes a foreword by Howard Zinn. "A sophisticated narrative history of the Supreme Court . . . [Irons] breathes abundant life into old documents and reminds readers that today's fiercest arguments about rights are the continuation of the endless American conversation." -Publisher's Weekly (starred review)