| Subject: [EL] Breyer doesn't like Ike? |
| From: "Smith, Brad" <BSmith@law.capital.edu> |
| Date: 12/1/2010, 11:07 AM |
| To: Election Law |
From the Breyer interview linked below:
“He surveyed historical tensions between the court and presidents or the public. He picked up the topic of public resistance in the interview, saying, "In my mind the key moment is when (President) Eisenhower sent the troops into Little Rock" in 1957 to enforce court-ordered desegregation and protect nine black high school students.
"Since that time, people have come to expect of presidents that they will follow court decisions that they don't like, which may be unpopular and are even wrong," said Breyer, 72.”
I don’t’ really want to take this list off topic, but this bugged me a bit. I’m not an Ike scholar, but my understanding is that while Ike never said a lot about civil rights, his administration aggressively pushed the 1957 Civil Rights Act, which was in its original form primarily drafted by his attorney general Herbert Brownell, but had to be watered down to survive Democratic filibusters in the Senate. And it was Eisenhower who successfully executed Truman’s Executive Order integrating the military (which Truman, having issued the order, was largely unable to accomplish). Eisenhower appointed federal judges who were often very aggressive in following up on desegegration post-Brown (and of course he appointed Earl Warren), and Ike directed the Justice Department to argue for desegregation in Brown. It’s true –as I understand it, anyway – that Eisenhower would have preferred a slower approach rather than “all deliberate speed,” but Breyer’s implication that Eisenhower was with some distaste following orders seems really unfair.
Bradley A. Smith
Josiah H. Blackmore II/Shirley M. Nault
Designated Professor of Law
Capital University Law School
303 East Broad Street
Columbus, OH 43215
(614) 236-6317
From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Wednesday, December 01, 2010 11:56 AM
To: Election Law
Subject: [EL] Electionlawblog news and commentary 12/1/10
The latest from Alaska.
Posted by Rick Hasen at 08:53 AM
AP reports. "In the memo, Grendell said he wants to remain in the Senate to complete work on issues such as private property rights and home septic system regulations. He declined Tuesday to further explain his reasons for staying in the Senate and referred reporters to his note."
Posted by Rick Hasen at 08:51 AM
The Washington Post offers this report.
Posted by Rick Hasen at 08:47 AM
You don't see these every day.
Posted by Rick Hasen at 08:43 AM
See here.
Posted by Rick Hasen at 08:40 AM
Kevin Oles has written this comment for Moritz.
Posted by Rick Hasen at 08:36 AM
In today's morning report, Eric expressly urges you to go to the ABA website to vote for the Election Law Blog as the best "niche" blog in its "Blawg 100" contest. That was very kind of Eric. There's a poll tax associated with this vote, as you'll need to register with the ABA Journal to vote. From the early voting statistics on the site, it looks like "Tax Girl" is running away with it.
Posted by Rick Hasen at 08:34 AM
Guy Charles has written this blog post at Colored Demos, responding to my recent post at Summary Judgments.
Posted by Rick Hasen at 08:28 AM
Check out the agenda and live stream.
Posted by Rick Hasen at 03:15 PM
--
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
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