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" Brown was unanimously reached by this Court only after the case had been briefed and twice argued and the issues had been given the most serious consideration. Since the first Brown opinion three new Justices have come to the Court. They are at one with... "
Nomination of James P. Coleman: Hearing, 89-1, July 12-13m 1965 - Page 50
by United States. Congress. Senate. Judiciary - 1965 - 164 pages
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Civil Rights, 1959, Volumes 3-4

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - Civil rights - 1959 - 1408 pages
...racial grounds in schools so maintained is indeed so fundamental and pervasive that it is embraced e of thirty EXHIBIT C TO STATEMENT OF SENATOR DOUGLAS TEXT OF 49 FEDERAL STATUTE PROVISIONS IN WHICH THE UNITED...
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In Memoriam, Honorable Earl Warren: Proceedings of the Bar and Officers of ...

United States. Supreme Court - Judges - 1975 - 64 pages
...exercised consistently with federal constitutional requirements as they apply to state action. * * * Since the first Brown opinion three new Justices have...ideal of equal justice under law is thus made a living truth.11 The disposition of the school desegregation cases inevitably undermined the legitimacy of...
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The Intelligible Constitution : The Supreme Court's Obligation to Maintain ...

Joseph Goldstein Sterling Professor of Law Yale University Law School - Law - 1992 - 225 pages
...eliminate any doubt not only about the meaning of Brown but also about that of the Fourteenth Amendment. "The principles announced in that decision and the...ideal of equal justice under law is thus made a living truth."17 Yet the Court did cast doubt on the meaning of its decision by using throughout its opinion...
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Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961

Mark V. Tushnet - Civil rights - 1994 - 414 pages
...the principles announced in Brown "and the obedience of the States to them . . . are indispensable to the protection of the freedoms guaranteed by our fundamental...equal justice under law is thus made a living truth." Just before the Court's decision was released, Justice Frankfurter told his colleagues he planned to...
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Keeping the Faith: A Cultural History of the U.S. Supreme Court

John E. Semonche - History - 2000 - 532 pages
...that state officials are bound to obey the ruling, the Court said that the principles applied there "are indispensable for the protection of the freedoms...ideal of equal justice under law is thus made a living truth."58 Despite his agreement with his colleagues, Frankfurter could not resist his own condemnation...
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American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - Law - 2004 - 502 pages
...indeed so fundamental and pervasive that it is embraced in the concept of due process of law. . . . The basic decision in Brown was unanimously reached...truth. Concurring opinion of Mr. Justice FRANKFURTER. . . . When defiance of law judicially pronounced was last sought to be justified before this Court,...
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American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - History - 2004 - 794 pages
...Court. They are at one with the Justices still on the Court who participated in that basicdecision as to its correctness, and that decision is now unanimously...truth. Concurring opinion of Mr. Justice FRANKFURTER. . . . When defiance of law judicially pronounced was last sought to be justified before this Court,...
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Equal Justice in the Balance: America's Legal Responses to the Emerging ...

Raneta Lawson Mack, Michael J. Kelly - Law - 2009 - 317 pages
...Finally, the Court ordered the school board to comply with the desegregation order because "command[s] of the Constitution are indispensable for the protection...ideal of equal justice under law is thus made a living truth."20 In common parlance, the notion of equal justice probably connotes ideas of fairness and impartiality...
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Creating Constitutional Change: Clashes Over Power and Liberty in the ...

Gregg Ivers, Kevin T. McGuire - Law - 2004 - 372 pages
...support it. (Cooper, p. 18) The substantive principles at stake in Brown and state obedience of them were "indispensable for the protection of the freedoms...equal justice under law is thus made a living truth" (Cooper, p. 19). In response to the governor's order to close the public schools, the NAACP and the...
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Brown V. Board of Education at Fifty: A Rhetorical Retrospective

Clarke Rountree - History - 2004 - 224 pages
...the Court makes absolutely clear the status of its story relative to others told about desegregation: "Our constitutional ideal of equal justice under law is thus made a living truth." Commentary on Cooper v. Aaron generally focuses on its final paragraphs in which it sets out the deductive...
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