Today in Supreme Court History

Today in Supreme Court History: September 7, 1958

|The Volokh Conspiracy |

9/7/1958: The U.S. District Court for the Eastern District of Arkansas denied the Little Rock School Board's petition to suspend its integration program. In Cooper v. Aaron (1958), the Supreme Court ordered the integration of Central High School.

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  1. 2024 when Trump Jr is running SCOTUS will order the segregation of schools, because you know Black Lives Matter.

      1. In a purely political decision, Roberts will side with the rest of the SCOTUS libs like Gorsuch and Ginsberg and rule that schools must be segregated, ruling in favor of some BLM group like the DOE or State of California.

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  2. This is day 3 of Woodburygate, where Prof. Blackman reported that Justice Levi Woodbury died three years later (1854) than the actual date (1851).

    Prof. Blackman has reached into the space-time continuum and retroactively awarded Justice Woodbury three extra years of life. One result is Franklin Pierce does not become President, since in *our* dimension of space and time, it was Woodbury’s death in 1851 which opened the way for Pierce to be nominated in 1852.

    1. My focus on the countdown toward the 500th day of a censorship-free Volokh Conspiracy (so far as we know) precipitated failure to award a Noble Prize with respect to the Woodbury death date. That oversight has been corrected. Belated congratulations, Eddy.

      1. I find naggers annoying.

        1. So do I.

  3. A milestone! 500 days!

    THE VOLOKH CONSPIRACY
    has operated for
    ZERO (0) DAYS
    without using a
    vile racial slur and for
    FIVE HUNDRED (500) DAYS
    without imposing
    viewpoint-driven censorship.

  4. Memory is that Eisenhower used the Insurrection Act to deal with the “peaceful” protesters in Little Rock.

    Sounds like a precedent for dealing with peaceful protesters today.

  5. Ah, poor Justice Woodbury, now it lists him as dying *twice.*

    Today in Supreme Court History: September 4, 1854
    JOSH BLACKMAN | 9.4.2020 7:00 AM

    9/4/1851: Justice Levi Woodbury dies.

    1. I once had a group of teacher candidates — who would be certified in the fall to teach all subjects in grades 1-8 — convinced that Reconstruction was the portion of Lincoln’s Presidency after his assassination. That three days after he died, he rose from the dead and that Easter is the holiday that celebrates this. I kept laying it on thicker and thicker thinking that “these girls can’t be believing this” but they were…

      Eventually, my friend, who was dating one of them, lost his composure – and hence I did too. But we still had to spend nearly an hour to convince them that none of the stuff I’d said was true. That Lincoln died and remained dead, that it was Jesus who rose from the dead, and that Easter was about Jesus. That the two concepts weren’t commingled…

      So being off by three years on the death of a SCOTUS Justice that no one has ever heard of — that’s minor. At least he got it in the correct half century — you’d be amazed at how many college graduates can’t get the Civil War in the correct half century.

      1. Was it over when the Germans bombed Pearl Harbor?

        1. Don’t laugh — something like 1/3 to 1/2 of college grads didn’t know we’d *ever* fought a war against Germany — and when told we had, most asked who’d won.

  6. Josh, the year in your date is wrong: it should be 9/7/1957 not 9/7/1958. Also, while I am here, I wrote about the Little Rock Crisis and the president’s authority to use military force here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3317895

    1. From page 11 of Cooper v. Aaron, 358 U.S. 1, 11 (1958): “That same day, September 4, 1957, the United States Attorney for the Eastern District of Arkansas was requested by the District Court to begin an immediate investigation in order to fix responsibility for the interference with the orderly implementation of the District Court’s direction to carry out the desegregation program. Three days later, September 7, the District Court denied a petition of the School Board and the Superintendent of Schools for an order temporarily suspending continuance of the program.”

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