Adjunct Scholar, American Enterprise Institute

www.thernstrom.com

I recommend you look at pp. 80-82 of James Patterson, Brown v. Board of Education: A Civil Rights Milestone and its Troubled Legacy (Oxford 2001), which offers a balanced evaluation of Pres. Eisenhower’s views on Brown.  When asked about his opinion on the newly decided case, Ike said:  “The Supreme Court has spoken, and I am sworn to uphold their---the constitutional processes in this country, and I am trying.  I will obey.”  He privately opined that the “Supreme Court decision set back progress in the South at least fifteen years.”  Patterson tries to put these statements into the cultural and historical perspective of the times, but Justice Breyer’s words are accurate.

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.

"State seeks expedited ruling in Miller lawsuit over write-ins"

The latest from Alaska.

"State senator decides not to take Ohio House seat"

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."

"DeLay trial offers a window into Washington fundraising and influence-peddling"

The Washington Post offers this report.

Origination Clause Problem with Food Safety Bill

You don't see these every day.

Justice Breyer Discusses Bush v. Gore, CU in USA Today Interview

See here.

"Looking Backward: Instant Runoff Voting in the 2010 Midterm Elections"

Kevin Oles has written this comment for Moritz.

Eric Brown Engages in Express Advocacy in Favor of ELB

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.

"Is the Arizona Campaign Finance Case the Death of Public Financing?"

Guy Charles has written this blog post at Colored Demos, responding to my recent post at Summary Judgments.

Prop. 11 Commission Agenda and Live Stream

Check out the agenda and live stream.