Today in Supreme Court History: August 19, 1937

8/19/1937: Justice Hugo Black takes the oath.

Justice Hugo Black

 

Comments

[Dan Schiavetta]

Speaking of Hugo Black:

Corpus Christi School District v. Cisneros, 404 U.S. 1211 (decided August 19, 1971): Black reinstates stay dissolved by Fifth Circuit of desegregation order granted by different trial court judge than the one who issued the order saying he would grant no stays; "it is apparent that this case is in an undesirable state of confusion and presents questions not heretofore passed on by the full Court, but which should be" (the Fifth Circuit later modified the order and cert was denied, 413 U.S. 922, 1973)

[John F. Carr]

Not the Cisneros I'd heard of.

[Dan Schiavetta]

José Cisneros was one of the Mexican-American parent-plaintiffs who successfully argued that segregation of Mexican-American children, which was done by custom as opposed to by law as it was with black children, was just as violative of Brown.

[F.D. Wolf]

I might recommend Sharon Davies' Rising Road: A True Tale of Love, Race, and Religion in America(2010)

In brief, on August 11, 1921, in Birmingham, Alabama, Father James Coyle, a Catholic priest, was shot and killed on the front steps of his church in broad daylight in front of several witnesses. His killer was Edwin Stephenson, a Methodist minister and member of the Ku Klux Klan. Stephenson's immediate motive had been Coyles' performance of the marriage ceremony of his daughter Ruth to Pedro Gussman, a man of Puerto Rican descent.

Stephenson was indicted for murder. The Klan would pick up the tab for the defense, a fact not known until some years later. Lead defense counsel was Hugo Black. Black had a simple but risky defense strategy: prove Gussman was a Negro, even telling the jury to "look at his eyes". Stephenson entered a dual plea: not guilty and not guilty by reason of temporary insanity.

When Gussman was introduced in the court room, Black had the blinds drawn to darken the court room, making the tan-complected Gussman look darker. Gussman testified that he had always thought of himself as white, and everyone had always treated him as white "until I got mixed up in this trial". And, of course, the fact that the state had granted him and Ruth a marriage license showed that the state considered him white too. During a badgering cross-examination, an exasperated prosecutor stood up and exclaimed that Gussman "was a proud descendant of the Castilian race!" In reply, a member of the defense team cracked, "He has descended quite a way." eliciting some laughter in the court room.

The jury took three hours to return a verdict of "not guilty". A few months after the trial Black would don the robes of the Klan himself. Five years later he was elected to the U.S. Senate, and thence on to the Supreme Court.

A good read. The first third provides background on religious and racial tensions in the area and the like, while the last two-thirds focuses on the trial.

[Dan Schiavetta]

The story is stunning, as an illustration of how far Black changed, grew, and evolved afterwards.

[F.D. Wolf]

Indeed. It provides an interesting juxtaposition with your post citing his decision in the Cisneros, which I notice occurred almost exactly 50 years after Father Coyle's murder.

[F.D. Wolf]

I also notice that Black would die less than a month after his Cisneros decision on September 17, 1971.

[The Margrave of Azilia]

"how far Black changed, grew, and evolved afterwards"

Indeed, he seemed to think a black robe was cooler than a white one.

The only part of his Klan legacy which he carried with him was his Klan oath to support the eternal separation of church and state.

[Mr. Bumble]

So he was nominated by Roosevelt and confirmed by the Senate, Anyone know what the Senate vote was? Was there any opposition?

[Syd Henderson]

63-16. Rumors about his (former?) KKK membership came up before his confirmation.

[apedad]

The Judiciary Committee recommended Black for confirmation by a vote of 13–4 on August 16,[16] and the full Senate took up the nomination the next day. Rumors of Black's involvement in the Ku Klux Klan surfaced, and two Democratic senators tried defeating the nomination; no conclusive evidence was presented tying Black to the klan. After rejecting 15–66 a motion to recommit the nomination to the Judiciary Committee for further review, the Senate voted 63–16 to confirm on August 17, 1937;[28] ten Republicans and six Democrats voted against.[4]: 95  He was sworn into office on August 19, 1937.[1] Shortly after, Black's KKK membership became known and there was widespread outrage; nonetheless Black went on to become a prominent champion of civil liberties and civil rights.[29] (wiki)

[Syd Henderson]

Douglas was the only other one of Roosevelt's appointees not to be confirmed by acclamation, and his vote was 62-4 (out of 96?), so the opposition to Black was unusual.

I note in passing that the vote on Charles Evans Hughes for Chief Justice was 52 - 26.

[Syd Henderson]

But he fared better than another Hoover nominee, John Parker, who was outright rejected.

[Frank Drackman]

DemoKKKrats can be in the KKK and it's cool, See Bird, Robert.

[The Margrave of Azilia]

Hey, I read that, too!

There was some talk about starting a canonization process for Fr. Coyle, but I haven't seen any follow-up.

Anyway, it seems the girl got married to get away from her father who was (prepare for a surprise) a violent man.

The marriage didn't seem to do very well.

[Frank Drackman]

So Hugo was really the first "Black" on the Court

[apedad]

You're a dumbass but you'll appreciate this.

I was talking with a German official (back in the day when I was assigned in Germany), and I mentioned that when they dub black voices (heavy ebonics) in movies into German, they usually use a Bavarian accent.

The official said, "Ja, daß stimmt. Bayern ist Schwartz." (Yes, that fits. Bavaria is Black.)

For our non-German readers black is Bavarian's political party's "color" like red for Reps and blue for Dems, etc.

[Ridgeway]

Herr Picky would like to point out that it is "...das stimmt." No double-S.

[apedad]

Dang it, you’re right.

Do I get any credit for posting the ß with the ascii code?

[Dan Schiavetta]

You’re forgiven. You made a high school mistake in a sandbox full of toddlers.

[Mr. Bumble]

Thanks to all above who answered my question.

[Ridgeway]

My con law prof (the late Walter Dellinger) said that back in the 60s, people quipped about Hugo Black that he used to go around in white robes scaring black people, and now he goes around in black robes scaring white people.

[Dan Schiavetta]

My own con law prof was . . . not remarkable or original.

But I’ll remember what Dellinger said. Thanks!