Analysis of information sources in references of the Wikipedia article "Brown v. Board of Education" in English language version.
What lay behind Plessy v. Ferguson? There were, perhaps, some important intellectual roots; this was the era of scientific racism.
But he [ Henry Billings Brown ] at minimum established popular sentiment and practice, along with legal and scientific testimony on race, as a link in his train of reasoning.
Justice William O. Douglas wrote: "In the original conference there were only four who voted that segregation in the public schools was unconstitutional. Those four were Black, Burton, Minton, and myself."
Likewise, Justice Felix Frankfurter wrote: "I have no doubt that if the segregation cases had reached decision last term, there would have been four dissenters—Vinson, Reed, Jackson, and Clark." Id. Justice Jackson's longtime legal secretary had a different view, calling Rehnquist's Senate testimony an attempt to "smear the reputation of a great justice."
Dershowitz, Alan (September 4, 2005). "Telling the Truth About Chief Justice Rehnquist". Archived from the original on April 2, 2019.
Rehnquist: I thought Plessy had been wrongly decided at the time, that it was not a good interpretation of the equal protection clause to say that when you segregate people by race, there is no denial of equal protection. But Plessy had been on the books for 60 years; Congress had never acted, and the same Congress that had promulgated the 14th Amendment had required segregation in the District schools. . . . I saw factors on both sides. . . . I did not agree then, and I certainly do not agree now, with the statement that Plessy against Ferguson is right and should be reaffirmed. I had ideas on both sides, and I do not think I ever really finally settled in my own mind on that. . . . [A]round the lunch table I am sure I defended it. . . . I thought there were good arguments to be made in support of it. (S. Hrg. 99-1067, Hearings Before the Senate Committee on the Judiciary on the Nomination of Justice William Hubbs Rehnquist to be Chief Justice of the United States, July 29, 30, 31, and August 1, 1986)
{{cite news}}: CS1 maint: location (link)Justice William O. Douglas wrote: "In the original conference there were only four who voted that segregation in the public schools was unconstitutional. Those four were Black, Burton, Minton, and myself."
Likewise, Justice Felix Frankfurter wrote: "I have no doubt that if the segregation cases had reached decision last term, there would have been four dissenters—Vinson, Reed, Jackson, and Clark." Id. Justice Jackson's longtime legal secretary had a different view, calling Rehnquist's Senate testimony an attempt to "smear the reputation of a great justice."
Dershowitz, Alan (September 4, 2005). "Telling the Truth About Chief Justice Rehnquist". Archived from the original on April 2, 2019.
Rehnquist ultimately embraced the Warren Court's Brown decision, and after he joined the Court he made no attempt to dismantle the civil-rights revolution, as political opponents feared he would.
As a direct offshoot of the 1948 "Universal Declaration of Human Rights," it sought to dismantle any scientific justification or basis for racism and proclaimed that race was not a biological fact of nature but a dangerous social myth. As a milestone, this critically important declaration contributed to the 1954 U.S. Supreme Court desegregation decision in Brown v. Board of Education of Topeka.'(in English)
As a direct offshoot of the 1948 "Universal Declaration of Human Rights," it sought to dismantle any scientific justification or basis for racism and proclaimed that race was not a biological fact of nature but a dangerous social myth. As a milestone, this critically important declaration contributed to the 1954 U.S. Supreme Court desegregation decision in Brown v. Board of Education of Topeka.'(in English)
{{cite news}}: CS1 maint: unfit URL (link){{cite web}}: CS1 maint: unfit URL (link)Rehnquist: I thought Plessy had been wrongly decided at the time, that it was not a good interpretation of the equal protection clause to say that when you segregate people by race, there is no denial of equal protection. But Plessy had been on the books for 60 years; Congress had never acted, and the same Congress that had promulgated the 14th Amendment had required segregation in the District schools. . . . I saw factors on both sides. . . . I did not agree then, and I certainly do not agree now, with the statement that Plessy against Ferguson is right and should be reaffirmed. I had ideas on both sides, and I do not think I ever really finally settled in my own mind on that. . . . [A]round the lunch table I am sure I defended it. . . . I thought there were good arguments to be made in support of it. (S. Hrg. 99-1067, Hearings Before the Senate Committee on the Judiciary on the Nomination of Justice William Hubbs Rehnquist to be Chief Justice of the United States, July 29, 30, 31, and August 1, 1986)
Justice William O. Douglas wrote: "In the original conference there were only four who voted that segregation in the public schools was unconstitutional. Those four were Black, Burton, Minton, and myself."
Likewise, Justice Felix Frankfurter wrote: "I have no doubt that if the segregation cases had reached decision last term, there would have been four dissenters—Vinson, Reed, Jackson, and Clark." Id. Justice Jackson's longtime legal secretary had a different view, calling Rehnquist's Senate testimony an attempt to "smear the reputation of a great justice."
Dershowitz, Alan (September 4, 2005). "Telling the Truth About Chief Justice Rehnquist". Archived from the original on April 2, 2019.
{{cite news}}: CS1 maint: unfit URL (link)Rehnquist ultimately embraced the Warren Court's Brown decision, and after he joined the Court he made no attempt to dismantle the civil-rights revolution, as political opponents feared he would.
{{cite news}}: CS1 maint: unfit URL (link){{cite news}}: CS1 maint: location (link)