Journal of Supreme Court History最新文献

{"title":"Influence Without Impeachment: How the Impeach Earl Warren Movement Began, Faltered, But Avoided Irrelevance","authors":"Brett Bethune","doi":"10.1111/jsch.12295","DOIUrl":"10.1111/jsch.12295","url":null,"abstract":"<p>As visitors filed into the Indianapolis Speedway on Memorial Day in 1965, they were greeted by a massive billboard declaring, “Save Our Republic! Impeach Earl Warren.”¹ Earlier that year, just outside the city of Selma, Alabama, observers and participants in the historic civil rights march that took place there were confronted by a similar billboard calling for the impeachment of the Chief Justice of the United States. Both billboards displayed the name of the group responsible for their conspicuous placement: the John Birch Society.² By 1966, there were hundreds of similar signs placed on streets, roads, and highways all across the nation. While not every billboard, sign, or pamphlet bore the name of the group, it was clear that the campaign to impeach Earl Warren was a project driven by the John Birch Society.³</p><p>Despite being one of the most prominent, well-funded campaigns ever to advocate for the impeachment of a Supreme Court justice, there has been little scholarship—legal or otherwise—examining the Impeach Earl Warren movement. Although Warren was never impeached, it is a mistake to treat the movement as nothing more than an interesting yet inconsequential chapter in the history of public criticisms of the Supreme Court. As this article argues, lots of people, including members of Congress and news reporters, misunderstood critical aspects of the Impeach Earl Warren movement, which led many to dismiss it.⁴ However, a clearer understanding of the movement helps better evaluate both its impact and its historical significance. This article examines three lesser known aspects of the Impeach Earl Warren movement. First, although the John Birch Society can most readily be identified with anti-Communism, the group's campaign to impeach Chief Justice Warren originates in the Supreme Court's decision in <i>Brown v. Board of Education</i>. Second, the John Birch Society's leadership and tactics significantly impeded widespread acceptance of the Impeach Earl Warren movement into the mainstream conservative movement, despite a shared opposition to <i>Brown</i>, and may even have been counterproductive. Finally, what the John Birch Society sought to accomplish with its campaign to impeach Warren was more complicated and nuanced than simply removing the Chief Justice from the Court.</p><p>That the Impeach Earl Warren movement began as and was driven by an opposition to desegregation in the wake of <i>Brown</i> makes it all the more surprising that the movement failed to gain traction among the mainstream conservative movement. Although there are a few instances of members of Congress defending the John Birch Society,⁵⁵ there is virtually no evidence that members of Congress seriously supported the Impeach Earl Warren movement. Articles of impeachment were never brought, nor is there any indication in the <i>Congressional Record</i> that impeaching Chief Justice Warren was a serious option on","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 2","pages":"142-161"},"PeriodicalIF":0.1,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jsch.12295","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46286784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Yankee from Olympus Redivivus by Melvin I. Urofsky Oliver Wendell Holmes: A Life in War, Law, and Ideas , Stephen Budiansky, New York: W. Norton, 2019. 579 pp. $29.95 Oliver Wendell Holmes: A Willing Servant to an Unknown God , Catherine Pierce Wells, New York: Cambridge University Press, 2020. 213 pp. $29.99 The Black Book of Justice Holmes: Text Transcript & Commentary , Michael H. Hoeflich and Ross E. Davies, eds. Clark, N.J.: Talbot Publishing (an imprint of The Lawbook Exchange), 2021. 497 pp. $195.00","authors":"","doi":"10.1111/jsch.12301","DOIUrl":"https://doi.org/10.1111/jsch.12301","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 2","pages":"215-230"},"PeriodicalIF":0.1,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"137721485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Contributors","authors":"","doi":"10.1111/jsch.12297","DOIUrl":"https://doi.org/10.1111/jsch.12297","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 2","pages":"231"},"PeriodicalIF":0.1,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"137721486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Northern Schools and Lemon’s Forgotten Segregation Claim","authors":"Catherine Ward","doi":"10.1111/jsch.12299","DOIUrl":"10.1111/jsch.12299","url":null,"abstract":"<p>For decades, scholars have studied <i>Lemon v. Kurtzman</i>¹ for its First Amendment impact—failing to probe <i>Lemon</i>’s impact on racial segregation. <i>Lemon</i>, a 1971 landmark Establishment Clause case, involved civil rights advocates trying to use the First Amendment Establishment Clause <i>and</i> Fourteenth Amendment Equal Protection Clause to limit government support for segregated religious schools in Pennsylvania.² <i>Lemon</i>’s petitioners recognized that segregated religious private schools—and government aid to such schools—proliferated at the same time public schools faced post-<i>Brown v. Board of Education</i> desegregation requirements.³ Parochial school aid thus prevented successful public school integration.⁴ The <i>Lemon</i> petitioners sought to strike down Pennsylvania's Nonpublic Elementary and Secondary Education Act, which allowed the Superintendent of Public Schools to reimburse private (predominantly Catholic) schools for the salaries of educators teaching with public school instructional materials.⁵ This article considers the history surrounding <i>Lemon</i>’s colorblind approach to private school segregation in religious private schools—a subject not yet given due attention in scholarly literature.⁶</p><p>In a suit conceived as a national test case, petitioners assigned Alton T. Lemon, a Black civil rights activist and social worker, as the named plaintiff, rather than one of the white taxpayer or organizational plaintiffs—underscoring that the case was about racial discrimination in private religious schools, in addition to a constitutional right not to support others’ religious beliefs.⁷ As a father with Black children in Philadelphia public schools, Lemon believed white parochial private schools created a segregated school system negatively affecting his own children's education.⁸ Data in the appellants’ brief to the Supreme Court supported this allegation.⁹ Thus, the <i>Lemon</i> petitioners brought a Fourteenth Amendment segregation claim, in addition to their better-known Establishment Clause claim.¹⁰ Yet, no ustice ruled on the former.¹¹ The Court dismissed the segregation claim for lack of standing,¹² ignoring evidence that Pennsylvania's government-funded parochial schools harmed Black children like Mr. Lemon's by creating white-only and Black-only student bodies. However, every justice noted the issue of segregation in <i>Lemon</i>, and school desegregation was a major topic in courts across the nation,¹³ making it unlikely that no member of the Court was influenced by the issue.¹⁴</p><p>Although the segregation claim was dismissed, the <i>Lemon</i> Court put forward a new Establishment Clause test, which acted functionally as a weapon to wield against Pennsylvania private school segregation. Under this test, for a law to be constitutional, it must ","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 2","pages":"179-196"},"PeriodicalIF":0.1,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jsch.12299","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43078481","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Justice Thurgood Marshall's Last Stand","authors":"Daniel Kiel","doi":"10.1111/jsch.12300","DOIUrl":"10.1111/jsch.12300","url":null,"abstract":"In the thirty years since he retired from public life in 1991, Thurgood Marshall has remained an inspiration to advocates of all sorts. Generations of aspiring lawyers, at home and abroad, have cited Marshall’s work as the reason to pursue a career in law.1 The exaltation of Marshall has transcended beyond the legal profession as his name graces schools, scholarship programs, libraries, and an airport in recognition of his public service transforming the national understanding of citizenship. Marshall’s continued resonance results, in part, from the fact that the work of his career remains unfinished. The nation continues to confront both the broadest questions about building a citizenry within a diverse nation as well as narrower legal questions about individual rights and constitutional interpretation that animated Marshall’s legal and judicial work. But for at least one person, the outcome Marshall argued for during his final Term on the Court was finally realized three decades later. In 1991, Pervis Payne’s fate rested in the hands of the Supreme Court. The justices considered whether Payne’s death sentence should be vacated due to alleged constitutional violations at his trial. Though a majority decided against Payne, Justice Marshall used his final written opinion as a member of the Supreme Court, a dissent in Payne v. Tennessee,2 to argue that Payne’s sentence should be invalidated and to warn of the direction of the Court. In the years that followed, Payne and his lawyers continued to fight for his death sentence to be removed, either by proving his claimed innocence or by challenging his eligibility for execution.3 In July 2021, Payne’s attorney Kelley Henry stood in a trial court in Shelby County, Tennessee, advocating—as Marshall had thirty years prior—that Payne should be spared execution. By November, her work had succeeded. Using a newly-enacted state law, Henry presented evidence that Payne suffered from an intellectual disability and was thus constitutionally ineligible for the death penalty. And, after the state district attorney’s office conducted an evaluation, the state announced its intention to remove","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 2","pages":"197-214"},"PeriodicalIF":0.1,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48462133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Goldberg v. Kelly: The Case, the Clerk, and the Justice","authors":"Michael Nelson","doi":"10.1111/jsch.12296","DOIUrl":"10.1111/jsch.12296","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 2","pages":"162-178"},"PeriodicalIF":0.1,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46155512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"“So Forcibly Presented by His Counsel, Who Are of His Race”: Cornelius Jones, Forgotten Black Supreme Court Advocate and Fighter for Civil Rights in the Plessy Era","authors":"James A. Feldman","doi":"10.1111/jsch.12294","DOIUrl":"10.1111/jsch.12294","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 2","pages":"97-141"},"PeriodicalIF":0.1,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47235049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Illustrations","authors":"Jon O. Newman","doi":"10.1111/jsch.12298","DOIUrl":"https://doi.org/10.1111/jsch.12298","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 2","pages":"232-233"},"PeriodicalIF":0.1,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"137721487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"If Walls Could Talk: The Supreme Court and DACOR Bacon House Two Centuries of Connections","authors":"Terence Walz","doi":"10.1111/jsch.12285","DOIUrl":"10.1111/jsch.12285","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 1","pages":"20-26"},"PeriodicalIF":0.1,"publicationDate":"2022-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49325109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Chief Justice and the Page: Earl Warren, Charles Bush, and the Promise of Brown v. Board of Education","authors":"Todd C. Peppers","doi":"10.1111/jsch.12286","DOIUrl":"10.1111/jsch.12286","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 1","pages":"27-43"},"PeriodicalIF":0.1,"publicationDate":"2022-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48186713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}