Today in Supreme Court History: September 12, 1958

9/12/1958: Cooper v. Aaron is decided.

Comments

[ReaderY]

Cooper v. Aaron may be particularly relevant to the current Texas abortion situation. In that case, the State of Arkansas continued segregation by changing the parties involved. After the school board was enjoined, the governor brought in the Arkansas national guard; after the guard, the Little Rock police, etc.

Cooper v. Aaron held the exact opposite of what Professor Blackman has claimed. It held that you can’t evade federal judicial review by playing musical parties, at least not indefinitely.

[Cal Cetín]

The Supreme Court was committed to Brown v. Board, and wanted to make clear that continued commitment.

They're not so committed to Roe v. Wade, but they've so far been too timid to kill it.

So far they've been relying on inferior federal courts to do their dirty work.

Transferring cases to the federal courts may possibly give a more favorable hearing to the unborn, and if the Supreme Court doesn't like what the state courts are doing it can overrule them.

[Cal Cetín]

Transferring cases to the state courts.

[Rev. Arthur L. Kirkland]

This is the music for the moment.