Eisenhower vs. Warren: The Battle Over Brown - The Atlantic - 0 views
-
t a White House stag dinner in February 1954, President Dwight Eisenhower shocked the new chief justice of the United States. Earl Warren was Eisenhower’s first appointment to the Supreme Court and had been sworn in just four months earlier. Only two months into his tenure, Warren had presided over oral arguments in the blockbuster school-segregation case Brown v. Board of Education. As of the dinner, the case was still under advisement. Yet Eisenhower seated Warren near one of the attorneys who had argued the case for the southern states, John W. Davis, and went out of his way to praise Davis as a great man. That alone would have made for an awkward evening. What happened next made it fateful. Over coffee, Eisenhower took Warren by the arm and asked him to consider the perspective of white parents in the Deep South. “These are not bad people,” the president said. “All they are concerned about is to see that their sweet little girls are not required to sit in school alongside some big black bucks.”
-
Warren had been a prosecutor and a governor, and was no choirboy; he had heard bigoted language before. Yet as the chief justice, he embodied the impartiality of the entire federal judiciary. He was a man who believed in fairness and dignity. The president’s words had shaken him.
-
When the Court ruled on the remedies phase of Brown in 1955, a decision known as Brown II, the president was even less voluble. He said nothing about the Court’s delegation of supervisory duties to the district courts, or its famous directive that school districts should begin to desegregate “with all deliberate speed.” The following year, Eisenhower personally rewrote the Republican platform to read that the party “accepts” the original Brown decision, rather than “concurs” with it.
- ...5 more annotations...
-
If the stag dinner upended relations between Warren and Eisenhower, the Brown decision three months later ruptured those relations permanently. The Court decided the case on May 17, 1954, declaring that segregation in public schools was unconstitutional.
-
William I. Hitchcock quotes the only African American on Eisenhower’s executive staff, E. Frederic Morrow, who reported with despair the broad sentiment that the administration “has completely abandoned the Negro in the South.”
-
Warren’s role in the Brown decision is one of the great acts of American statesmanship. The popular California governor joined the Supreme Court at a moment of crisis. Brown had been argued once already, in 1952, but the justices had been divided and uncertain how to proceed.
-
Eisenhower sang a loud and bitter tune about his chief justice. At one point Eisenhower even had to sheepishly apologize to Warren for press reports that had picked up his bad-mouthing. In an excellent chapter, Simon shows that Eisenhower’s regret may have had as much to do with communism as with race.
-
Brown prompted a mighty backlash, but to Warren the decision was the constitutional tradition at work. He wrote that legal principles “should not be compromised and parceled out a little in one case, a little more in another, until eventually someone receives the full benefit.” More than 60 years after Brown, the full benefit remains elusive. If Warren and Eisenhower were alive today, they might ask not whether the Court went too far, but whether it failed to go far enough.