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William Rehnquist's pro-segregation views continued into the 1990s

Discussion in 'Too Hot for Swamp Gas' started by gator_lawyer, Jun 1, 2023.

  1. gator_lawyer

    gator_lawyer VIP Member

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    Justice John Paul Stevens's papers have revealed that Rehnquist continued to oppose the interpretation that the 14th Amendment required integration even in the 1990s. Notably, Rehnquist wrote a memo while a SCOTUS clerk urging his boss, Justice Robert Jackson, to uphold Plessy v. Ferguson and rule against the plaintiffs in Brown v. Board of Education. Rehnquist later claimed that the memo wasn't his view, but his later actions (and Justice Jackson's own actions) undermine that claim (as does the writing style in the memo).
    There’s Unsettling New Evidence About William Rehnquist’s Views on Segregation
    The late chief justice, who long sought to turn the 14th Amendment on its head, notoriously drafted a 1952 memo as a Supreme Court clerk that defended racial segregation in the South and the disastrous Plessy v. Ferguson decision on which the institution’s legality was based. While Rehnquist denied during his confirmation hearings that the memo reflected his own views—saying they were meant to reflect those of the justice he was clerking for in 1952, Robert H. Jackson—a newly-released court document, not previously reported, lays bare Rehnquist’s abhorrent true position on segregation as late as 1993.

    That year, the then-chief justice was still defending the logic of Plessy in no uncertain terms and using his position as a justice to block the court from acknowledging that the 14th Amendment barred segregation. “The Fourteenth Amendment prohibits discrimination; it does not require integration, and I think it is a mistake to intimate that it does even as a ‘goal,’” Rehnquist wrote in a memo to Justice Sandra Day O’Connor as part of an effort to have her remove a passage from an election decision. (For good measure, Rehnquist also requested O’Connor remove a suggestion that the Civil War was fought in part to secure voting rights for Black people.)
     
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  2. tampagtr

    tampagtr VIP Member

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    Odious. And apparent in his jurisprudence on the Court. And the current CJ maintains the tradition, especially on voting rights.

    We have never come close to even trying to apply the Fourteenth Amendment as written.

    As Lukas Mattson said, we are a young democracy
     
    Last edited: Jun 1, 2023
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  3. WarDamnGator

    WarDamnGator GC Hall of Fame

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    Appointed by Reagan...another "southern strategy" OG...
     
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  4. tampagtr

    tampagtr VIP Member

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    Reagan as CJ, associate justice by Nixon
     
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  5. GatorNorth

    GatorNorth Premium Member Premium Member

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    Someone should ask "Sandy, baby" (to quote John Riggins) about it. She's still alive (altho I doubt she'd answer the question)
     
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  6. wgbgator

    wgbgator Premium Member

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    These are the things I think about when people tell me about progress. Of course the next chief justice nuked the voting rights act so, it didnt even get better.
     
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  7. swampbabe

    swampbabe GC Hall of Fame

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    • Agree Agree x 2
  8. gator_lawyer

    gator_lawyer VIP Member

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    Fair point. We went from having a Chief who supported segregation to a Chief who merely supports suppressing the votes of Black people. That is progress of a sort.