px_eliezer_
See: Felix Frankfurter. In 1960, despite a recommendation from the dean of Harvard Law School, Frankfurter, a founding member of the ACLU, and who J. Edgar Hoover began following, citing him as âthe most dangerous man in the United States,â a âdisseminator of Bolshevik propaganda,â and who demanded that the opinion in Brown II (1955) order schools to desegregate state that the order contain the language âwith all deliberate speedâ and who remarked (though some believe the story to be possibly apocryphal) that Chief Justice Vinsonâs death and whose crucial vote appeared to be opposed to overruling the pro-segregation precedent in Plessy vs. Ferguson before the courtâs decision in Brown vs. Board of Education was made was the first solid piece of evidence he had seen to prove the existence of God turned down Ruth Bader Ginsburg for a clerkship position because of her gender.
Another fascinating story about Brown vs. Board of Education is about how a white southern judge whose father had fought for the Confederacy in the Civil War was largely responsible for the ultimate result, having convinced Thurgood Marshall in what could even be termed as an improper meeting to change his approach that up until that point that had been to seek only equality in separate schools under the âseparate but equalâ doctrine of Plessy vs. Ferguson to one that would challenge segregation directly as âinherently unequal.â When Marshall in the meeting in Judge Waringâs chambers in the case of Briggs vs. Elliott, one of the five consolidated cases in the Brown decision, was advised by Judge Waring that he didnât want just another âseparate but equalâ case but wanted a challenge of the legality of segregation directly, Marshall expressly disagreed with that approach, advising Judge Waring: âWe donât think this is the case. We donât think this is the time.â Judge Waring responded: âThis is the time and this is the case,â adding âYouâve got to do this.â Marshall was ultimately so persuaded and followed through with that argument in the Supreme Court that was crucial to the Court in Brown ultimately embracing and holding as such that âeven though the [separate] physical facilities [on the basis of race] and other âtangibleâ factors may be equalâ such separate facilities were âinherently unequalâ and that âthe doctrine of âseparate but equalâ [established in Plessy] ha[d] no place.â See: Thurgood Marshallâs unusual meeting with a judge helped end segregation (paywalled)(same bypassing paywall here) and also in this documentary about two-thirdâs of the way through but worth every minute of viewing despite its two-hour length:
None paywalled article about it: Thurgood Marshall, J. Waites Waring, and school desegregation cases.