He didnt accept the proposition that segregation was

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He didn’t accept the proposition that segregation was necessarily an act of discrimination, didn’t thing segregation cases had been brought properly under the equal protection part of the 14 th amendment  equal protection could be attained through enforcing separate but equal - Thought that in 10 years it would go away on its own Frankfurter on School Segregation Cases (pg. 598-604) - Worshiped the law, SC shouldn’t make hollow proclamations beyond its power to enforce - “Judgment best informed, and therefore most dependable, within narrow limits” (concurring in Dennis ) - All judgments should made on “rational standards” free of any influence by the judges’ personal feelings - To follow his humanitarian impulses on the school-segregation cases, he would have to violate a number of his favorite and most assiduously pronounced doctrines - Diff conclusion on the 14 th than black: in all likelihood, the framers of the amendment had not intended to outlaw segregation - Like Vinson, struck by Justice Harlan’s failure to mention schools in his Plessy dissent - Set about to get a unanimous opinion  put his clerk Bickel on the assignment of finding out if anything in the original meaning of the 14 th amendment prevented the court from striking down segregation o Wanted unanimity so that clashing opinion wouldn’t cause racial warfare in the South
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- Was willing to strike down segregation on a federal level and enforce immediately, states presented a bigger issue - Wound up proposing that all cases be set down for reargument and that the incoming Eisenhower admin be invited to submit a brief and participate in the oral argument to set forth its ideas on desegregation procedure Douglas on School Segregation Cases (pg. 604-606) - Glacial personality - Open to the charge of conceiving of the court not as a reviewing body but as a countervailing center of power to rectify the failures of the other branches of gov’t - At the 1952 conference he favored reversing the lower-court opinions upholding segregation - Not enthusiastic about frankfurter’s suggestion that the cases ought to be reargued Jackson on School Segregation Cases (pg. 606-611) - Chief counsel of the US at the international military tribunal at Nuremberg - Believed in stare decisis - “The judge that can take refugee in a precedent does not need to justify his decision to the reason. He may ‘reluctantly feel himself bound’ by a doctrine, supported by a respected historical name, that he would not be able to justify to contemporary opinion or under modern conditions” - Often as inconsistent and unpredictable as he was brilliant - Legally saw no way to overturn segregation, personally thought it was not wise or fair (like Frankfurter) - Saw no help in the extra-legal sociology and psychology black lawyers introduced into the case - Didn’t want the court to accuse the south of behaving unconstitutionally all those years, wanted the court to admit it was making a new law for a new day - An advisory opinion was favorable to Jackson, but not to frankfurter
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