Justice for All (114 page)
Authors: Jim Newton
CHAPTER 19. RESISTANCE
CHAPTER 20. “DUMB SWEDE”
1
Wallace's speech of June 11, 1963, is preserved at the Alabama Department of Archives and History and is available through its website:
http://www.archives.state.al.us/index.html
.
Wallace's speech of June 11, 1963, is preserved at the Alabama Department of Archives and History and is available through its website:
http://www.archives.state.al.us/index.html
.
4
Ibid. Reston did, however, misspell his name, writing it as “Cardoza”; the mistake slipped by the
Times
's copy desk. Although Reston did not disclose the source of his insight into the Court, it likely was Frankfurter, with whom he was close. Frankfurter spoke frequently with the columnist and once suggested that he emulate the justices and hire a clerk. Reston took that advice and for more than three decades hired one young college graduate a year as his assistant. I held that position for one year, beginning in the fall of 1985.
Ibid. Reston did, however, misspell his name, writing it as “Cardoza”; the mistake slipped by the
Times
's copy desk. Although Reston did not disclose the source of his insight into the Court, it likely was Frankfurter, with whom he was close. Frankfurter spoke frequently with the columnist and once suggested that he emulate the justices and hire a clerk. Reston took that advice and for more than three decades hired one young college graduate a year as his assistant. I held that position for one year, beginning in the fall of 1985.
7
Eisenhower to Hazlett, Oct. 23, 1954, Eisenhower Library, Civil Rights file.
Eisenhower to Hazlett, Oct. 23, 1954, Eisenhower Library, Civil Rights file.
9
Reed memo to conference, March 28, 1955, Harold Burton copy, LOC, MD, Harold H. Burton papers, Warren correspondence file, 1954-1955.
Reed memo to conference, March 28, 1955, Harold Burton copy, LOC, MD, Harold H. Burton papers, Warren correspondence file, 1954-1955.
10
Bernard Schwartz,
Super Chief
, pp. 113-14. This exchange took place in open court and has been widely documented; Tushnet and Powe, for instance, each include accounts of it in their works. For the specific language and nonverbal responses of the participants, I have drawn principally from Schwartz.
Bernard Schwartz,
Super Chief
, pp. 113-14. This exchange took place in open court and has been widely documented; Tushnet and Powe, for instance, each include accounts of it in their works. For the specific language and nonverbal responses of the participants, I have drawn principally from Schwartz.
11
Frankfurter conference notes (typewritten), April 16, 1955, LOC, MD, Felix Frankfurter papers, Legal File, Segregation case file, 1955. These thoughts are reflected also in Douglas's conference notes for the same session, which are mistakenly dated April 16, 1954, when the conference actually took place in 1955.
Frankfurter conference notes (typewritten), April 16, 1955, LOC, MD, Felix Frankfurter papers, Legal File, Segregation case file, 1955. These thoughts are reflected also in Douglas's conference notes for the same session, which are mistakenly dated April 16, 1954, when the conference actually took place in 1955.
12
Ibid.
Ibid.
13
Ibid.
Ibid.
14
Ibid.
Ibid.
15
Douglas conference notes, April 16, [1955], LOC, MD, Douglas papers, Supreme Court file, Segregation case file.
Douglas conference notes, April 16, [1955], LOC, MD, Douglas papers, Supreme Court file, Segregation case file.
16
Ibid.
Ibid.
17
Ibid.
Ibid.
18
Frankfurter letter to Philip Elman, June 4, 1947, LOC, MD, Felix Frankfurter papers, General Correspondence, Elman file (Reel 32).
Frankfurter letter to Philip Elman, June 4, 1947, LOC, MD, Felix Frankfurter papers, General Correspondence, Elman file (Reel 32).
21
Warren schedules, Sept. 30 and Oct. 1, 1955, LOC, MD, Warren papers, Personal file.
Warren schedules, Sept. 30 and Oct. 1, 1955, LOC, MD, Warren papers, Personal file.
22
Warren handwritten note and typewritten statement, April 15, 1955, LOC, MD, Personal files, Presidential Ambitions Disavowed, 1955-56.
Warren handwritten note and typewritten statement, April 15, 1955, LOC, MD, Personal files, Presidential Ambitions Disavowed, 1955-56.
24
Ibid., entry for Oct. 27, 1953, p. 280.
Ibid., entry for Oct. 27, 1953, p. 280.
25
Shirley S. Johnson letter to Warren, Oct. 6, 1955, LOC, MD, Personal files, Presidential Ambitions Disavowed, 1955-1956.
Shirley S. Johnson letter to Warren, Oct. 6, 1955, LOC, MD, Personal files, Presidential Ambitions Disavowed, 1955-1956.
29
Author interview with Sam Stern, May 10, 2005.
Author interview with Sam Stern, May 10, 2005.
30
Irvine v. California
, 347 U.S. 128 (1954). Details not included in the opinion come from Jackson's case file, LOC, MD, Jackson papers, Legal file, Supreme Court,
Irvine
file.
Irvine v. California
, 347 U.S. 128 (1954). Details not included in the opinion come from Jackson's case file, LOC, MD, Jackson papers, Legal file, Supreme Court,
Irvine
file.
32
Ibid.
Ibid.
33
Hoover to Tolson, Ladd, and Nichols, Feb. 8, 1954, FBI document 44-7129-1, Charns, Warren files, Folder 90.
Hoover to Tolson, Ladd, and Nichols, Feb. 8, 1954, FBI document 44-7129-1, Charns, Warren files, Folder 90.
35
Nichols to Tolson, Sept. 2, 1954, FBI document 94-1-5619-217 (and follow-up memos documenting the effort).
Nichols to Tolson, Sept. 2, 1954, FBI document 94-1-5619-217 (and follow-up memos documenting the effort).
36
Los Angeles Special Agent in Charge to Hoover, Jan. 26, 1954, FBI document 94-1-5619-196. Also Nichols to Tolson, Feb. 1, 1954, same document number.
Los Angeles Special Agent in Charge to Hoover, Jan. 26, 1954, FBI document 94-1-5619-196. Also Nichols to Tolson, Feb. 1, 1954, same document number.
37
Nichols to Tolson, Nov. 1, 1955, FBI document 94-5619-224. This favor also is noted in a November 6, 1978, memo from McCreight to Bassett, alerting Bureau officials that a request for information from the
New York Times
might cause the FBI's providing “background information regarding competence and reputation of future sons-in-law” to Warren to become known publicly. It did not at that time, as the
New
York Times
apparently did not pursue the request. While the 1978 memo uses the plural “sons-in-law,” there is no evidence in the FBI files as released that the Bureau performed such a task other than in the case of Dr. Brien. Finally, it is worth adding that when the FBI released its files to Charns, enough information was included in this file to make its context clear. In 2006, when the same documents were released to me, they were so heavily redacted as to be incomprehensible without access to Charns's papers.
Nichols to Tolson, Nov. 1, 1955, FBI document 94-5619-224. This favor also is noted in a November 6, 1978, memo from McCreight to Bassett, alerting Bureau officials that a request for information from the
New York Times
might cause the FBI's providing “background information regarding competence and reputation of future sons-in-law” to Warren to become known publicly. It did not at that time, as the
New
York Times
apparently did not pursue the request. While the 1978 memo uses the plural “sons-in-law,” there is no evidence in the FBI files as released that the Bureau performed such a task other than in the case of Dr. Brien. Finally, it is worth adding that when the FBI released its files to Charns, enough information was included in this file to make its context clear. In 2006, when the same documents were released to me, they were so heavily redacted as to be incomprehensible without access to Charns's papers.
38
The Southern Manifesto, March 1956, copy at Carl Vinson Institute of Government, University of Georgia (taken from Vinson Institute website).
The Southern Manifesto, March 1956, copy at Carl Vinson Institute of Government, University of Georgia (taken from Vinson Institute website).
40
Although many analysts, historians, and commentators have reviewed this period, none has ever capsulated it more carefully or persuasively than Lucas Powe in
The Warren Court and American Politics
. My account relies on many sources, but Powe in particular.
Although many analysts, historians, and commentators have reviewed this period, none has ever capsulated it more carefully or persuasively than Lucas Powe in
The Warren Court and American Politics
. My account relies on many sources, but Powe in particular.
41
Resolution Requesting Impeachment of Six Members of the United States Supreme Court, adopted by the General Assembly of Georgia, Feb. 22, 1957.
Resolution Requesting Impeachment of Six Members of the United States Supreme Court, adopted by the General Assembly of Georgia, Feb. 22, 1957.
42
Undated pamphlet produced by the Cinema Educational Guild, Inc., Hollywood, California, copy in author's possession.
Undated pamphlet produced by the Cinema Educational Guild, Inc., Hollywood, California, copy in author's possession.
44
New York Times
, May 18, 1956. See also Schwartz,
Super Chief
, p. 183, and Powe,
The Warren Court and American Politics
, p. 88.
New York Times
, May 18, 1956. See also Schwartz,
Super Chief
, p. 183, and Powe,
The Warren Court and American Politics
, p. 88.
45
Associated Press, June 27, 1956.
Associated Press, June 27, 1956.
46
Field report, July 15, 1956, FBI document 89-816-2.
Field report, July 15, 1956, FBI document 89-816-2.
49
Warren schedule, July 7, 1956, LOC, MD, Earl Warren papers, Personal file, 1956 Calendars.
Warren schedule, July 7, 1956, LOC, MD, Earl Warren papers, Personal file, 1956 Calendars.
50
Although Warren did not publicly reveal his vote, his son Earl Jr. is among many who recalled his fondness and support for Stevenson. The elder Warren told Pat Brown in 1960 that he believed the Democrats should select Stevenson as well. See oral history interview with Brown,
Years of Growth
, p. 250.
Although Warren did not publicly reveal his vote, his son Earl Jr. is among many who recalled his fondness and support for Stevenson. The elder Warren told Pat Brown in 1960 that he believed the Democrats should select Stevenson as well. See oral history interview with Brown,
Years of Growth
, p. 250.
52
Ibid.
Ibid.
54
Brennan letter to Bernard Schwartz, Oct. 15, 1980, LOC, MD, Brennan papers, Part II, Correspondence, Bernard Schwartz file. Brennan described the scene to Schwartz after Schwartz had incorrectly written up an account of it for his book
Super Chief
. The above reflects Brennan's recollection.
Brennan letter to Bernard Schwartz, Oct. 15, 1980, LOC, MD, Brennan papers, Part II, Correspondence, Bernard Schwartz file. Brennan described the scene to Schwartz after Schwartz had incorrectly written up an account of it for his book
Super Chief
. The above reflects Brennan's recollection.
2
Roger K. Newman, “The Warren Court and American Politics: An Impressionistic Appreciation,” p. 673. See also
New York Times Magazine
. Oct. 5, 1986.
Roger K. Newman, “The Warren Court and American Politics: An Impressionistic Appreciation,” p. 673. See also
New York Times Magazine
. Oct. 5, 1986.
6
Undated tribute to Warren prepared by Douglas after Warren's death in 1974, LOC, MD, William O. Douglas papers, Part 1, Subject files, Earl Warren.
Undated tribute to Warren prepared by Douglas after Warren's death in 1974, LOC, MD, William O. Douglas papers, Part 1, Subject files, Earl Warren.
7
Frankfurter note to Harlan, April 26, 1957, PU, ML, Harlan papers,
Konigsberg v. the State Bar of California
file.
Frankfurter note to Harlan, April 26, 1957, PU, ML, Harlan papers,
Konigsberg v. the State Bar of California
file.
8
Hand letter to Frankfurter, Jan. 1, 1956, LOC, MD, Felix Frankfurter papers, General correspondence, Learned Hand (Reels 39-40).
Hand letter to Frankfurter, Jan. 1, 1956, LOC, MD, Felix Frankfurter papers, General correspondence, Learned Hand (Reels 39-40).
9
Hand letter to Frankfurter, Oct. 25, 1956, LOC, MD, Felix Frankfurter papers, General correspondence, Learned Hand (Reels 39-40).
Hand letter to Frankfurter, Oct. 25, 1956, LOC, MD, Felix Frankfurter papers, General correspondence, Learned Hand (Reels 39-40).
10
Ibid.
Ibid.
11
Undated memo in papers of Drew Pearson, LBJ Library, Personal Papers of Drew Pearson, File #2. In the memo, Pearson notes that Frankfurter used the term with his then clerk Phil Graham, later publisher of the
Washington Post
.
Undated memo in papers of Drew Pearson, LBJ Library, Personal Papers of Drew Pearson, File #2. In the memo, Pearson notes that Frankfurter used the term with his then clerk Phil Graham, later publisher of the
Washington Post
.
12
Frankfurter letter to Harlan, Dec. 26, 1960, PU, ML, Harlan papers, Frankfurter correspondence file for 1960.
Frankfurter letter to Harlan, Dec. 26, 1960, PU, ML, Harlan papers, Frankfurter correspondence file for 1960.
13
Author interview with Sam Stern, May 10, 2005. See also Roger K. Newman, “The Warren Court and American Politics: An Impressionistic Appreciation,” p. 676, note 82.
Author interview with Sam Stern, May 10, 2005. See also Roger K. Newman, “The Warren Court and American Politics: An Impressionistic Appreciation,” p. 676, note 82.
15
Del Dickson,
The Supreme Court in Conference
, p. 560. The excerpt is taken from Douglas's notes from a 1962 conference discussion over
Machiboda v. United States
.
Del Dickson,
The Supreme Court in Conference
, p. 560. The excerpt is taken from Douglas's notes from a 1962 conference discussion over
Machiboda v. United States
.
16
Warren schedule, Nov. 25, 1954, LOC, MD, Earl Warren papers, Personal file, 1954 Calendars.
Warren schedule, Nov. 25, 1954, LOC, MD, Earl Warren papers, Personal file, 1954 Calendars.
17
Author interview with Virginia Daly, May 31, 2004.
Author interview with Virginia Daly, May 31, 2004.
18
Roger K. Newman, “The Warren Court and American Politics: An Impressionistic Appreciation,” p. 686.
Roger K. Newman, “The Warren Court and American Politics: An Impressionistic Appreciation,” p. 686.
19
Oral history interview with Jim Warren. Eve Dillingham, Harlan's daughter, confirms that her father had an extra clerk to assist him when his eyesight was failing.
Oral history interview with Jim Warren. Eve Dillingham, Harlan's daughter, confirms that her father had an extra clerk to assist him when his eyesight was failing.
20
Author interview with Douglas Kranwinkle, Jan. 21, 2005.
Author interview with Douglas Kranwinkle, Jan. 21, 2005.
21
Author interview with Peter Ehrenhaft, Jan. 31, 2005.
Author interview with Peter Ehrenhaft, Jan. 31, 2005.
22
Note in file, May 14, 1958, RNLB, Warren file, 1956-1962.
Note in file, May 14, 1958, RNLB, Warren file, 1956-1962.
23
Author interview with William Brennan III, July 2003.
Author interview with William Brennan III, July 2003.
26
Ibid.
Ibid.
32
Ibid.
Ibid.
35
Ibid.
Ibid.
36
Burton Crane letter to Warren, Feb. 21, 1954, LOC, MD, Warren papers, personal file, correspondence (confirmation file).
Burton Crane letter to Warren, Feb. 21, 1954, LOC, MD, Warren papers, personal file, correspondence (confirmation file).
40
Mohr to Tolson, May 9, 1958, FBI document 62-40772-400, Charns, Warren files, Folder 77.
Mohr to Tolson, May 9, 1958, FBI document 62-40772-400, Charns, Warren files, Folder 77.
41
Eisenhower letter to Warren, June 21, 1957, LOC, MD, Warren papers, Personal file, Presidents' correspondence, 1953-1963. The specific quote “never been as mad” comes from
The Papers of Dwight David Eisenhower
, vol. 28, document 211, bibliographic note 1.
Eisenhower letter to Warren, June 21, 1957, LOC, MD, Warren papers, Personal file, Presidents' correspondence, 1953-1963. The specific quote “never been as mad” comes from
The Papers of Dwight David Eisenhower
, vol. 28, document 211, bibliographic note 1.
42
Eisenhower letter to Warren, June 21, 1957, LOC, MD, Warren papers, Personal file, Presidents' correspondence, 1953-1963.
Eisenhower letter to Warren, June 21, 1957, LOC, MD, Warren papers, Personal file, Presidents' correspondence, 1953-1963.
43
Warren schedule, June 21-24, 1957, LOC, MD, Earl Warren papers, Personal file, 1957 Calendars.
Warren schedule, June 21-24, 1957, LOC, MD, Earl Warren papers, Personal file, 1957 Calendars.
44
Warren letter to Eisenhower, July 15, 1957, LOC, MD, Warren papers, Personal file, Presidents' correspondence, 1953-1963.
Warren letter to Eisenhower, July 15, 1957, LOC, MD, Warren papers, Personal file, Presidents' correspondence, 1953-1963.
46
Author interview with Peter Ehrenhaft, Jan. 31, 2005.
Author interview with Peter Ehrenhaft, Jan. 31, 2005.
48
Ibid.
Ibid.
49
Warren schedule, Sept. 4, 1957, LOC, MD, Earl Warren papers, Personal file, 1957 Calendars.
Warren schedule, Sept. 4, 1957, LOC, MD, Earl Warren papers, Personal file, 1957 Calendars.
53
Ibid.
Ibid.
54
Statement by Orval Faubus, Sept. 14, 1957, released after meeting with Eisenhower, Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
Statement by Orval Faubus, Sept. 14, 1957, released after meeting with Eisenhower, Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
55
Mark V. Tushnet,
Making Civil Rights Law
, p. 258. Also Ambrose,
Eisenhower: Soldier and President
, p. 446; and Woodrow Wilson Mann telegram to Eisenhower, Sept. 23, 1957, Eisenhower Library, Little Rock School integration crisis file (available in online holdings).
Mark V. Tushnet,
Making Civil Rights Law
, p. 258. Also Ambrose,
Eisenhower: Soldier and President
, p. 446; and Woodrow Wilson Mann telegram to Eisenhower, Sept. 23, 1957, Eisenhower Library, Little Rock School integration crisis file (available in online holdings).
56
Woodrow Wilson Mann telegram to Eisenhower, Sept. 24, 1957, Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
Woodrow Wilson Mann telegram to Eisenhower, Sept. 24, 1957, Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
57
Presidential Address from the White House, delivered Sept. 24, 1957, at nine P.M. Text from Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
Presidential Address from the White House, delivered Sept. 24, 1957, at nine P.M. Text from Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
58
Ibid.
Ibid.
59
Undated handwritten note by Eisenhower on use of troops in Little Rock, Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
Undated handwritten note by Eisenhower on use of troops in Little Rock, Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
60
Telephone call log for Eisenhower's day, Sept. 25, 1957, Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
Telephone call log for Eisenhower's day, Sept. 25, 1957, Eisenhower Library, Little Rock school integration crisis file (available in online holdings).
62
Warren schedule, Sept. 20, 1957, LOC, MD, Earl Warren papers, Personal file, 1957 Calendars.
Warren schedule, Sept. 20, 1957, LOC, MD, Earl Warren papers, Personal file, 1957 Calendars.
63
Cooper v. Aaron
, 358 U.S. 1 (1958). See also Marshall's oral argument from Aug. 28, 1958, and Tushnet,
Making Civil Rights Law
, and Powe,
The Warren Court and American Politics
, p. 159.
Cooper v. Aaron
, 358 U.S. 1 (1958). See also Marshall's oral argument from Aug. 28, 1958, and Tushnet,
Making Civil Rights Law
, and Powe,
The Warren Court and American Politics
, p. 159.
64
Burton, still in the habit of rating the oral arguments in his diary, gave Butler an “excellent.”
Burton, still in the habit of rating the oral arguments in his diary, gave Butler an “excellent.”
65
Cooper v. Aaron
oral argument, Aug. 28, 1957. This exchange is taken from the tape of the argument, made available by the Oyez Project, Northwestern University (
Oyez.com
).
Cooper v. Aaron
oral argument, Aug. 28, 1957. This exchange is taken from the tape of the argument, made available by the Oyez Project, Northwestern University (
Oyez.com
).
66
See, for instance, Ed Cray,
Chief Justice
, p. 346. Relying on Heyman's recollection, Cray places the exchange at the August 28 argument, though neither transcript nor tape of that day supports the version presented. Heyman relayed the same account to me in our interview on October 21, 2003. Even if Warren's comment to Butler was made out of earshot of the court reporter, it eluded the press covering the argument and appears to have made little impression on Butler, as he did not repeat it to friends and colleagues with whom he argued the case and who later spoke with me.
See, for instance, Ed Cray,
Chief Justice
, p. 346. Relying on Heyman's recollection, Cray places the exchange at the August 28 argument, though neither transcript nor tape of that day supports the version presented. Heyman relayed the same account to me in our interview on October 21, 2003. Even if Warren's comment to Butler was made out of earshot of the court reporter, it eluded the press covering the argument and appears to have made little impression on Butler, as he did not repeat it to friends and colleagues with whom he argued the case and who later spoke with me.
68
Transcript of oral argument in
Cooper v. Aaron
, Sept. 11, 1958, provided by the Librarian of the Supreme Court.
Transcript of oral argument in
Cooper v. Aaron
, Sept. 11, 1958, provided by the Librarian of the Supreme Court.
71
Ibid.
Ibid.
73
The analysis of the 1958 attack on the Court is contained in Powe,
The Warren Court and American Politics
. Powe's quotation is from his conversation with me on January 19, 2005.
The analysis of the 1958 attack on the Court is contained in Powe,
The Warren Court and American Politics
. Powe's quotation is from his conversation with me on January 19, 2005.
74
Frankfurter letter to Hand, Nov. 27, 1956, LOC, MD, Frankfurter papers, General correspondence, Learned Hand (Reels 39-40).
Frankfurter letter to Hand, Nov. 27, 1956, LOC, MD, Frankfurter papers, General correspondence, Learned Hand (Reels 39-40).
77
The circulation of drafts and dates comes from Harlan's case file, PU, ML, Harlan papers,
Trop v. Dulles
file.
The circulation of drafts and dates comes from Harlan's case file, PU, ML, Harlan papers,
Trop v. Dulles
file.
79
That language has found contemporary purchase in the assessment of capital punishment. It was used in 2002 by the Court majority to strike the executions of mentally retarded defendants (
Atkins v. Virginia
), and used again in 2005 to banish the executions of minors (
Roper v. Simmons
).
That language has found contemporary purchase in the assessment of capital punishment. It was used in 2002 by the Court majority to strike the executions of mentally retarded defendants (
Atkins v. Virginia
), and used again in 2005 to banish the executions of minors (
Roper v. Simmons
).
80
Burton diary entry, July 17, 1958, LOC, MD, Burton papers, diary. After Eisenhower's retirement, the former president was said to have remarked that the Warren and Brennan appointments were his two biggest mistakes, “damn-fool mistakes,” in some retellings. Although the evidence of that statement is indirectâBrownell, for one, doubted that Eisenhower would say such a thingâthe president's comment to Burton makes clear that Eisenhower did indeed regret those appointments, whether or not he said so colorfully.
Burton diary entry, July 17, 1958, LOC, MD, Burton papers, diary. After Eisenhower's retirement, the former president was said to have remarked that the Warren and Brennan appointments were his two biggest mistakes, “damn-fool mistakes,” in some retellings. Although the evidence of that statement is indirectâBrownell, for one, doubted that Eisenhower would say such a thingâthe president's comment to Burton makes clear that Eisenhower did indeed regret those appointments, whether or not he said so colorfully.
82
Robert Caro,
Master of the Senate
, p. 1033. See also Powe,
The Warren Court and American Politics
, p. 133.
Robert Caro,
Master of the Senate
, p. 1033. See also Powe,
The Warren Court and American Politics
, p. 133.
86
End-of-term memo, 1958, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
End-of-term memo, 1958, Chambers of William J. Brennan, Jr., LOC, MD, Brennan papers, Part II.
87
Ibid.
Ibid.
88
Ibid.
Ibid.
89
Author interview with Jim Adler, Jan. 14, 2005.
Author interview with Jim Adler, Jan. 14, 2005.
91
The decision in
Bartkus
remains the law today. After two Los Angeles police officers were convicted in 1993 for violating the civil rights of Rodney G. King, they argued that their previous trial in state court on assault charges arising from the same beating should invalidate the federal prosecution. The Supreme Court upheld their convictions in 1996 (
Koon v. United States
).
The decision in
Bartkus
remains the law today. After two Los Angeles police officers were convicted in 1993 for violating the civil rights of Rodney G. King, they argued that their previous trial in state court on assault charges arising from the same beating should invalidate the federal prosecution. The Supreme Court upheld their convictions in 1996 (
Koon v. United States
).
93
Ibid.
Ibid.
95
Ibid.
Ibid.
96
Ibid. (dissent).
Ibid. (dissent).
97
Ibid.
Ibid.
98
Stephen Ells, “Willard Uphaus: A Prisoner in Thoreau County Becomes One of New Hampshire's Men of the Century,” Internet article, Aug. 4, 2001.
Stephen Ells, “Willard Uphaus: A Prisoner in Thoreau County Becomes One of New Hampshire's Men of the Century,” Internet article, Aug. 4, 2001.
100
Ibid. (dissent).
Ibid. (dissent).
101
Ells, “Willard Uphaus.”
Ells, “Willard Uphaus.”
105
Warren schedule, Oct. 28 and 30, 1959, LOC, MD, Earl Warren papers, Personal file, 1959 Calendars.
Warren schedule, Oct. 28 and 30, 1959, LOC, MD, Earl Warren papers, Personal file, 1959 Calendars.
107
Author interview with Earl Warren, Jr., Nov. 25, 2003. See also interviews with Jesse Choper, Ira Michael Heyman, and Jeffrey Warren.
Author interview with Earl Warren, Jr., Nov. 25, 2003. See also interviews with Jesse Choper, Ira Michael Heyman, and Jeffrey Warren.
109
Johnson letter to Judge H. R. Wilson, May 28, 1954, LBJ Library, Johnson Senate papers, Legislative files, Social welfare (Segregation) folder.
Johnson letter to Judge H. R. Wilson, May 28, 1954, LBJ Library, Johnson Senate papers, Legislative files, Social welfare (Segregation) folder.
111
Ibid., p. 375.
Ibid., p. 375.
112
Ibid., pp. 375-76. See also White,
The Making of the President, 1960
, p. 315. White's account implies that Walsh drafted his statement just hours after King was imprisoned. Branch makes clear that it was later, and completed at a time when it had become superseded by events.
Ibid., pp. 375-76. See also White,
The Making of the President, 1960
, p. 315. White's account implies that Walsh drafted his statement just hours after King was imprisoned. Branch makes clear that it was later, and completed at a time when it had become superseded by events.
114
Ibid., p. 370.
Ibid., p. 370.
115
Author interview with Virginia Warren, May 31, 2004.
Author interview with Virginia Warren, May 31, 2004.
116
Swig letter to Warren, Feb. 1, 1961, LOC, MD, Warren papers, personal papers, Ben Swig file.
Swig letter to Warren, Feb. 1, 1961, LOC, MD, Warren papers, personal papers, Ben Swig file.
117
Author interview with Bruce Boynton, Dec. 27, 2005.
Author interview with Bruce Boynton, Dec. 27, 2005.
119
Author interview with Jesse Choper, Oct. 20, 2003.
Author interview with Jesse Choper, Oct. 20, 2003.
121
Warren's insistence that the case not interrupt Boynton's law career was vindicated by Boynton's life thereafter. He passed the bar examination and applied for admission to the Alabama bar. The association informed him that it was inquiring into conviction in the bus terminal case, notwithstanding that it had been overturned by the Court. Matters thus stood for years while Boynton instead practiced in Tennessee. Finally, in 1966, Boynton was allowed to practice law in Alabama. Thirty years later, the same bar association that had blocked his admission for nearly a decade named him one of its “Living Legends.”
Warren's insistence that the case not interrupt Boynton's law career was vindicated by Boynton's life thereafter. He passed the bar examination and applied for admission to the Alabama bar. The association informed him that it was inquiring into conviction in the bus terminal case, notwithstanding that it had been overturned by the Court. Matters thus stood for years while Boynton instead practiced in Tennessee. Finally, in 1966, Boynton was allowed to practice law in Alabama. Thirty years later, the same bar association that had blocked his admission for nearly a decade named him one of its “Living Legends.”
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