Sotomayor Accuses Colleagues of Trying to ‘Wish Away’ Racial Inequality

Justice Sonia Sotomayor’s fierce defense of the affirmative action efforts such as the ones that helped move her from a Bronx housing project to the upper echelons of American law found renewed voice in an impassioned dissent that accused colleagues of trying to “wish away” racial inequality — and drew a tart response from Chief Justice John G. Roberts Jr.

In her most personal moment in 41 /2 years on the court, Sotomayor read part of her dissent from the bench to emphasize her disagreement with six colleagues who upheld Michigan’s constitutional amendment banning the consideration of race in public university admissions.

It is a 58-page dissent, longer than the combined efforts of four other justices who wrote. The court’s first Latina justice directly took on Roberts’s view that the nation’s continued reliance on racial classifications hinders rather than promotes the goal of a color-blind society.

Read the rest of this Washington Post article.

Happy Birthday: Thurgood Marshall (1908-1993)

Born in Baltimore, Maryland on July 2, 1908, Thurgood Marshall was the grandson of a slave. His father, William Marshall, instilled in him from youth an appreciation for the United States Constitution and the rule of law.

After graduating from Frederick Douglass High School in 1925, Thurgood followed his brother, William Aubrey Marshall, to Lincoln University in Chester County, Pennsylvania. His classmates at Lincoln included a distinguished group of future Black leaders such as the poet and author Langston Hughes, the future President of Ghana, Kwame Nkrumah, and musician Cab Calloway.

Just before graduation, he married his first wife, Vivian "Buster" Burey. Their twenty-five year marriage ended with her death from cancer in 1955.

In 1930, he applied to the University of Maryland Law School, but was denied admission because he was Black. This was an event that was to haunt him and direct his future professional life.

Thurgood sought admission and was accepted at the Howard University Law School that same year and came under the immediate influence of the dynamic new dean, Charles Houston, who instilled in all of his students the desire to apply the tenets of the Constitution to all Americans.

Paramount in Houston's outlook was the need to overturn the 1898 Supreme Court ruling, Plessy v. Ferguson which established the legal doctrine called, "separate but equal." Marshall's first major court case came in 1933 when he successfully sued the University of Maryland to admit a young African American Amherst University graduate named Donald Gaines Murray.

Applauding Marshall's victory, author H.L. Mencken wrote that the decision of denial by the University of Maryland Law School was "brutal and absurd," and they should not object to the "presence among them of a self-respecting and ambitious young Afro-American well prepared for his studies by four years of hard work in a class A college."

Thurgood Marshall followed his Howard University mentor, Charles Houston to New York and later became Chief Counsel for the National Association for the Advancement of Colored People (NAACP). During this period, Mr. Marshall was asked by the United Nations and the United Kingdom to help draft the constitutions of the emerging African nations of Ghana and what is now Tanzania. It was felt that the person who so successfully fought for the rights of America's oppressed minority would be the perfect person to ensure the rights of the White citizens in these two former European colonies.

After amassing an impressive record of Supreme Court challenges to state-sponsored discrimination, including the landmark Brown v. Board decision in 1954, President John F. Kennedy appointed Thurgood Marshall to the U.S. Court of Appeals for the Second Circuit. In this capacity, he wrote over 150 decisions including support for the rights of immigrants, limiting government intrusion in cases involving illegal search and seizure, double jeopardy, and right to privacy issues. Biographers

Michael Davis and Hunter Clark note that, "none of his (Marshall's) 98 majority decisions was ever reversed by the Supreme Court."

In 1965 President Lyndon Johnson appointed Judge Marshall to the office of U.S. Solicitor General. Before his subsequent nomination to the United States Supreme Court in 1967, Thurgood Marshall won 14 of the 19 cases he argued before the Supreme Court on behalf of the government. Indeed, Thurgood Marshall represented and won more cases before the United States Supreme Court than any other American.

Until his retirement from the highest court in the land, Justice Marshall established a record for supporting the voiceless American. Having honed his skills since the case against the University of Maryland, he developed a profound sensitivity to injustice by way of the crucible of racial discrimination in this country. As an Associate Supreme Court Justice, Thurgood Marshall leaves a legacy that expands that early sensitivity to include all of America's voiceless.

Justice Marshall died on January 24, 1993.

I invite all villagers to use the COMMENTS section ('Village Voices') to share your thoughts, memories or insights on Thurgood Marshall.

Rest In Peace: Thurgood Marshall (1908-1993)

Born in Baltimore, Maryland on July 2, 1908, Thurgood Marshall was the grandson of a slave. His father, William Marshall, instilled in him from youth an appreciation for the United States Constitution and the rule of law.

After graduating from Frederick Douglass High School in 1925, Thurgood followed his brother, William Aubrey Marshall, to Lincoln University in Chester County, Pennsylvania. His classmates at Lincoln included a distinguished group of future Black leaders such as the poet and author Langston Hughes, the future President of Ghana, Kwame Nkrumah, and musician Cab Calloway.

Just before graduation, he married his first wife, Vivian "Buster" Burey. Their twenty-five year marriage ended with her death from cancer in 1955.

In 1930, he applied to the University of Maryland Law School, but was denied admission because he was Black. This was an event that was to haunt him and direct his future professional life.

Thurgood sought admission and was accepted at the Howard University Law School that same year and came under the immediate influence of the dynamic new dean, Charles Houston, who instilled in all of his students the desire to apply the tenets of the Constitution to all Americans.

Paramount in Houston's outlook was the need to overturn the 1898 Supreme Court ruling, Plessy v. Ferguson which established the legal doctrine called, "separate but equal." Marshall's first major court case came in 1933 when he successfully sued the University of Maryland to admit a young African American Amherst University graduate named Donald Gaines Murray.

Applauding Marshall's victory, author H.L. Mencken wrote that the decision of denial by the University of Maryland Law School was "brutal and absurd," and they should not object to the "presence among them of a self-respecting and ambitious young Afro-American well prepared for his studies by four years of hard work in a class A college."

Thurgood Marshall followed his Howard University mentor, Charles Houston to New York and later became Chief Counsel for the National Association for the Advancement of Colored People (NAACP). During this period, Mr. Marshall was asked by the United Nations and the United Kingdom to help draft the constitutions of the emerging African nations of Ghana and what is now Tanzania. It was felt that the person who so successfully fought for the rights of America's oppressed minority would be the perfect person to ensure the rights of the White citizens in these two former European colonies.

After amassing an impressive record of Supreme Court challenges to state-sponsored discrimination, including the landmark Brown v. Board decision in 1954, President John F. Kennedy appointed Thurgood Marshall to the U.S. Court of Appeals for the Second Circuit. In this capacity, he wrote over 150 decisions including support for the rights of immigrants, limiting government intrusion in cases involving illegal search and seizure, double jeopardy, and right to privacy issues. Biographers

Michael Davis and Hunter Clark note that, "none of his (Marshall's) 98 majority decisions was ever reversed by the Supreme Court."

In 1965 President Lyndon Johnson appointed Judge Marshall to the office of U.S. Solicitor General. Before his subsequent nomination to the United States Supreme Court in 1967, Thurgood Marshall won 14 of the 19 cases he argued before the Supreme Court on behalf of the government. Indeed, Thurgood Marshall represented and won more cases before the United States Supreme Court than any other American.

Until his retirement from the highest court in the land, Justice Marshall established a record for supporting the voiceless American. Having honed his skills since the case against the University of Maryland, he developed a profound sensitivity to injustice by way of the crucible of racial discrimination in this country. As an Associate Supreme Court Justice, Thurgood Marshall leaves a legacy that expands that early sensitivity to include all of America's voiceless.

Justice Marshall died on January 24, 1993.

I invite all villagers to use the COMMENTS section ('Village Voices') to share your thoughts, memories or insights on Thurgood Marshall.

Related articles

• The True Value of a Law Degree, or, Why Did Thurgood Marshall Go to Law School?
• Today in History, January 24th

Supreme Court Upholds Obamacare

President Barack Obama came out as a winner when the Supreme Court upheld his signature health care reform legislation. Mitt Romney and the GOP leaders in Congress were hoping that the Supreme Court will declare the individual insurance mandate to be unconstitutional. Chief Justice John Roberts turned that hope on its ear when he was part of the 5-4 majority that upheld the mandate.

Presidents have been trying for decades to reform health care. Barack Obama is the first one to do it ... and Justice Roberts decided found a creative way to let the law stand. This is a big victory for Obama, Democrats and the American people. Methinks that history will look very kindly on the legislative accomplishments of our president.

First, Obama won victory in his battle with Arizona's 'Papers Please' law ... and now this victory with Obamacare. The way things are going I wouldn't be surprised to see the unemployment rate taking a sharp dip next week.

Barack Obama continues to play chess while his political opponents are still playing checkers.

GOP is 'Mad' About Supreme Court Ruling on Obamacare

President on Obamacare: 'I Got This'

Supreme Court Issues 7-Day Reprieve on Troy Davis Execution

It appears that the voice of the people was heard by the Supreme Court of the United States. Troy Davis was scheduled for execution at 7:00pm ET today. Our understanding is that the Supreme Court has issued a reprieve that could last a few hours ... or up to seven days. The reprieve gives the SCOTUS a chance to review the petition for a stay of execution.   

Oddly enough, it appears that Justice Clarence Thomas may be the one trying to get consensus from his peers on the court.    Clarence Thomas was born and raised in Georgia.  Perhaps this will be an opportunity for Clarence Thomas to do the right thing for Black people.

Troy Davis can still be executed if the Georgia authorities decide to do so.

It appears that the Georgia parole board had a close vote, 3-to-2, to deny clemency to Davis. There were people in that room who had doubts about his conviction. There is simply too much doubt to put this man to death.

The news on this case flowed through the Internet much quicker than I saw it on either cable or network television. I followed the flow on Twitter and with the live streaming taking place on Democracy Now in front of the Georgia prison where the execution was scheduled to take place.

Supreme Court Rejects Appeal by Troy Davis

The Supreme Court has rejected an appeal from Georgia death row inmate Troy Davis, clearing the way for the state to resume planning for Davis’ execution.

The justices refused to order the federal appeals court in Atlanta to examine Davis’ case and they declined to do so themselves.

In 2009, the high court ordered a federal judge to examine evidence Davis said would show he was innocent of the 1989 killing for which he has been sentenced to death.

But the judge decided last year that Davis had failed to clear his name. At the moment, executions are on hold in Georgia after federal agents seized the state’s supply of a key lethal injection drug.

Good News Tuesday: Yvette McGee Brown, Ohio Supreme Court Justice

Soulclap to the ABA Journal for sharing information about Yvette McGee Brown. Born to a teenage single mother in Ohio who worked two jobs to provide for the family, Judge McGee Brown has soared far above what might have been predicted for her based on where she started in life.

McGee Brown earned her law degree at Ohio State University in 1985 at the same time her mother was earning her college degree. She then went on to become a high-ranking state government lawyer and law firm partner. Then she was the first Black woman to be elected a Franklin County Court of Common Pleas judge.


Now, at age 50, she is about to be appointed by Gov. Ted Strickland to a seat on the Ohio Supreme Court, where she will be the first Black woman ever to serve on that bench. However, her planned elevation, which the outgoing governor announced last week will be one of his last acts before leaving office in January, will create an unusual 4-3 female majority on the court.

She replaces another judge who was elected chief justice of the state supreme court in November.

In announcing the appointment, Strickland said McGee Brown "throughout her life, from a humble upbringing to a distinguished career serving others ... has embodied the highest levels of personal integrity and an exceptional intellectual capacity. Her diversity of experience, work as a former judge, and advocacy for the welfare of Ohio families will add a unique perspective and balanced decision-making to Ohio's Supreme Court."

McGee Brown served on the juvenile court bench in Franklin County for a decade before unsuccessfully seeking election as lieutenant governor, as Strickland's running-mate, last month.

McGee Brown is a lifelong resident of Columbus, married to a retired special education teacher and the mother of three children.

It still amazes me that there are 'firsts' for African American woman ... but, it appears that we are still keeping our eyes on the prize in the 21st century!

Obama Considers Judge Ann Claire Williams -- a Black Woman -- for Supreme Court

Elections have consequences. President Obama selected a wise Latina for the Supreme Court last year. He recently added a wise Sista to the mix this year.

Multiple sources say that the White House added a federal judge from Chicago to its working list of potential Supreme Court nominees to fill the upcoming vacancy.

Judge Ann Claire Williams, who became the first African American appellate judge in the federal Seventh Circuit, has joined a working list of about 10 other candidates.

One of the things that caught my attention about Judge Williams is that she is a native of Detroit MI. That is one town that could sure use some good karma in 2010! Her dad was a bus driver in Detroit and she dreamed being a Motown star.

Here are some other tidbits about Judge Williams:

• Named to federal bench by Presidents Reagan, Clinton
• Former 3rd-grade teacher in Detroit
• Considered a moderate on the court
• Third African American woman named to a federal appeals court (NOTE: who were the first two?)

Have you heard about this sista-Judge before? I never heard of her until today.

It does seem that she has that 'real-world' experience that President Obama seems to like. What are your thoughts on Judge Williams or the whole SCOTUS selection process?

This Week in Blackness: Whites-Only Basketball

We are very pleased to see Elon James White maintaining his promise to deliver a weekly diatribe on Blackness. The episode this week focused on issues such as 'whites-only' basketball league and unlimited corporate contributions.



What are your thoughts on the basketball league? or the recent Supreme Court ruling?

Why is David Vitter (R-LA) Still in Public Office?

Interracial marriage became a national phenomenon last month when a justice of the peace in a small Louisiana town refused to marry a mixed-race couple. The small town judge was castigated by almost everyone, including the Louisiana governor and one of the state's US senators. However, Senator David Vitter (R-LA) didn't have anything to say about it.

So, it may not have been a surprise that Sen. Vitter feigned ignorance of the 'Loving v. Virginia' Supreme Court case that struck down all laws forbidding interracial marriage when he was questioned by blogger Mike Stark.




It amazes me that David Vitter is still a public official. Villagers may recall that he was a client of the 'D.C. Madam' was the way in which the senator himself disclosed it. Vitter was outed by Hustler magazine publisher Larry Flynt. Vitter's relationship with prostitutes in Washington DC is not unusual. After all, he was accused by a member of the Louisiana Republican State Central Committee of carrying on a lengthy affair with a prostitute in New Orleans's French Quarter in his first Senate campaign. I seem to recall that Vitter had to quit his leadership position in the presidential campaign of Rudy Giuliani.

What are your thoughts on David Vitter and his lack of knowledge about 'Loving v. Virginia' case?

Supreme Court Rules in Favor of Troy Davis

Villagers will be happy to know that the U.S. Supreme Court today announced that Troy Davis will finally get his day in court ... and a chance to prove his innocence. The court ordered a federal judge in Georgia to review the overwhelming evidence of Troy's innocence.

Troy was sentenced to death for the 1991 killing of Mark McPhail, a police officer in Savannah, Georgia. We have posted before that the State of Georgia should not kill Troy Davis because there was no physical evidence tying him to the crime and seven out of nine witnesses have recanted or contradicted their testimony.

The high court ordered a federal judge in Georgia to determine whether there is evidence "that could not have been obtained at the time of trial (that) clearly establishes petitioner's innocence."

"The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing," said Justice John Paul Stevens, writing for the court. Justices Ruth Bader Ginsburg and Stephen Breyer concurred with Stevens.

Davis' attorneys have delayed his execution three times by raising doubts about those witnesses. But state and federal courts have denied Davis' request for a new trial, and Georgia officials have repeatedly rejected calls for clemency.

The case has attracted worldwide attention, with calls to stop Davis' execution from former President Jimmy Carter, Pope Benedict XVI and Nobel Peace Prize-winner Desmond Tutu.

Justices Antonin Scalia and Clarence Thomas dissented from the decision to order an evidentiary hearing.

Scalia said, "every judicial and executive body that has examined petitioner's claim has been unpersuaded ... Davis' claim is a sure loser ... transferring his petition to the District Court is a confusing exercise that can serve no purpose except to delay the state's execution of its lawful criminal judgment."

Davis' family said the ruling gives them hope that he could be exonerated.

"I'm always optimistic," said his sister Martina Correia, who has traveled around the world advocating for his case. "This means he gets another chance. And we're going to keep fighting for that chance."

State officials welcomed the ruling.

"Hopefully, this hearing will resolve the doubts about the verdict handed down by the Chatham County jury 18 years ago," Georgia Attorney General Thurbert Baker said in a statement.

Villager's Voice: Today is a good day! The Supreme Court is finally going to give Troy a chance to present this evidence and prove his innocence! That's a victory for Troy and his family — and for all villagers.

Pat Buchanan Justifies 108 of 110 Supreme Court Justices Being White ... Gets Slapped Down by Rachel Maddow

Villagers will recall that Pat Buchanan was upset with African Americans because of lack of gratitude to white folks.

Buchanan is consistent in his bigotry.

He calmly justifies the fact that 108 of the 110 people appointed to the Supreme Court of the United States were white. Buchanan feels that this 99% whites-only SCOTUS record is justified because 'This has been a country built, basically, by white folks'.

I am proud that Rachel Maddow didn't accept his racist diatribe. She gave it back to him as any proud American should. Much props to Rachel!





Am I the only one who thinks that Pat Buchanan is unfit for consumption on national television? The scary thing is that he must represent people out in America that believe the same way that he does. Am I the only one scared of Pat Buchanan?

Elections Have Consequences: Judge Sonia Sotomayor

This is another good day in America! Our new president announced yesterday that he is nominating Judge Sonia Sotomayor of the United States Court of Appeals for the Second Circuit to the Supreme Court.

Elections have consequences. Our president demonstrated this fact once again with this appointment.

Judge Sotomayor is a talented and fair-minded jurist and will be the first Hispanic Justice on the Supreme Court. Her record shows that she'll bring an open mind to the Court and rule on each case according to its particular merits.

I imagine that Michael Steele, Rush Limbaugh and Dick Cheney will object to Sotomayor's confirmation. It won't matter. America wants a qualified woman and a qualified Hispanic on the Supreme Court.

Obama can check off another campaign promise -- to select a person who has demonstrated an abiding commitment to the core constitutional values of justice and equality under the law, someone who understands the impact that the law has on the everyday lives of ordinary Americans.

Sonia Sotomayor's decades-long legal career is a powerful stepping stone to the high court.

1. She graduated from Yale Law School where she was Editor of the Yale Law Journal and Managing Editor of the Yale Studies in World Public Order.


2. She was Assistant District Attorney for New York County from 1979-1984.


3. And she has served on the U.S. Court of Appeals for the Second Circuit since 1998, before that serving on the U.S. District Court, Southern District of New York since 1992.

This nomination is good news for people who care about the future of our rights and liberties. Her nomination is bad for GOP nutcases like Tom Tancredo and Rush Limbaugh.

Judge Sonia Sotomayor will be a justice that makes all villagers proud.



Elections have consequences. President Obama continues to play chess while his opponents are playing checkers. Hispanics, women and all of America are feeling good this week to be living in the Obama era!

Republicans Call Sonia Sotomayer a 'Racist' and a 'Bigot'

The Republican Party seems more and more like an irrelevant group of scared white folks. Listen to their immediate reaction to decision by President Obama to appoint Judge Sonia Sotomayer to the Supreme Court.



Is it just me ... or do these folks sound more and more desperate in their flailing to stay relevant?

Congressional Black Caucus Wants 2nd Black Justice on Supreme Court

I want the Congressional Black Caucus (CBC) to be relevant. I want them to hold congressional hearings on taser torture in America.

What I want doesn't much matter.
Instead of doing these good works, we learn that the CBC leadership is "launching a campaign to persuade President Obama to appoint one of their members," Rep. Bobby Scott (D-VA), to replace Justice David Souter on the Supreme Court.

The CBC and Rep. Bobby Scott are tone-deaf. They should be working with the Congressional Hispanic Council to support the idea of a woman or a Hispanic candidate as the next Supreme Court justice. This isn't the right time to advocate for a 2nd Black justice. We've never had a Hispanic judge in over 200 years ... and we've only had two women justices on the court. Obama needs to deal with either or both of those issues with this selection.

Just my thought ... what say u?