Thursday, June 28, 2007

Rolling Over in His Grave

Today would be a bad day to be near the grave of Thurgood Marshall, as the Supreme Court of which he was once a member overturned Brown v. Board of Education, which he argued before the court in 1954. Chief Justice Roberts's opinion holds, perversely, that it's illegal to take race into account in promoting school integration.

The Times has a few choice words about the decision.

8 comments:

A.C. Douglas said...

I take it you didn't read the facts of the case which the Court had before it. The Court's ruling on that case should have been unanimous, not decided merely by a 5-4 majority. The dissenters were arguing politics and ideology, not law.

ACD

Lisa Hirsch said...

I've read the Times reporting and analysis of the case (Liptak and Greenhouse). Do those articles include the facts of the case as you understand them?

Lisa Hirsch said...

P. S. I'm aware that Brown was not literally overturned - hyperbole on my part.

A.C. Douglas said...

I didn't read the NYT's analysis. Got my info from an extended discussion on the decision held on PBS's NewsHour by legal experts on both sides. If you'll give me the links to the NYT pieces you refer to, I'll give them a read.

ACD

A.C. Douglas said...

P.S. I did read the excerpts from the opinions in the NYT, however.

ACD

Lisa Hirsch said...

I should read the excerpts from the opinions too. Will do so tomorrow in hard copy, I think.

Liptak is here.

Greenhouse is here.

A.C. Douglas said...

And here's the link to the transcript of the NewsHour discussion I listened to:

http://www.pbs.org/newshour/bb/law/july-dec06/scotus_12-04.html

ACD

A.C. Douglas said...

Oops. Forgot to code it as a link. Here it is again:

Link to NewsHour Transcript

ACD