SoylentNews

Chief Justice John Roberts pays tribute to judge in Little Rock school desegregation case. Is there a hidden message?

U.S. Supreme Court Chief Justice John Roberts opened his year-end report on the federal judiciary with a tribute to federal Judge Ronald Davies, dispatched from North Dakota to preside over proceedings attendant to the 1957 crisis fomented by Orval Faubus over the desegregation of Little Rock Central High School.

Roberts commented:

Judge Davies had no idea what cases he would draw upon his arrival. But when it came time to rule in the school desegregation litigation, Davies did not flinch. As he recalled years later, his decision did not involve any difficult legal interpretation: “It was purely a question of whether the Governor of the State of Arkansas could get away with the doctrine of interposition, placing himself between the Federal Government and the people of Arkansas. The law was very clear that the schools had to be integrated.” In deciding the case, Judge Davies said: “I have a constitutional duty and obligation from which I shall not shrink. In an organized society, there can be nothing but ultimate confusion and chaos if court decrees are flaunted.”

It made me wonder: Does that mean Roberts would stand by that precedent today? The 8th U.S. Circuit Court of Appeals has already put itself squarely on the side of a new brand of Arkansas interposition, encouraging school district transfers that produce segregated public schools. Legislators are hungering to pay for private school tuition for students who’ve fled public schools with too many poor students of color. More broadly, others on the court speak of affirmative action and equal protection based on classifications such as race and sexual identity as reverse discrimination. They’d tear down precedent that, for example, outlawed bans on interracial marriage.

Roberts writes that the General Services Administration and the district court in Little Rock have a project underway to refurbish the courtroom Davies used in a way faithful to that era. It will be used as a courtroom again, as well as for “programs about the events of 1957 and the rule of law in our country.” (Is that, too, a veiled reference to disrespect for the rule of law these days?) The special events will include the National High School Mock Trial Championship in May. Roberts wrote

But first, GSA and the District Court have loaned the bench to the Supreme Court for a special exhibit that will open this fall and run for the next several years. The authentic bench will give visitors an opportunity to transport themselves in place and time to the events in Little Rock of 65 years ago. The exhibit will introduce visitors to how the system of federal courts works, to the history of racial segregation and desegregation in our country, and to Thurgood Marshall’s towering contributions as an advocate before he became a Justice. Come and visit the Court and—starting this fall— have a close-up look at the historic bench Judge Davies used.

My editorial: The exhibit won’t be complete without a mention of the resegregation of U.S. schools and the racial disparities that continue 65 years after Davies’ work.

His writing about Davies was a long introduction to a conclusion about the threats judges face, the need for security for them and thanks for action by Congress for responding to judicial security needs. It included this local reference.

Judicial opinions speak for themselves, and there is no obligation in our free country to agree with them. Indeed, we judges frequently dissent—sometimes strongly—from our colleagues’ opinions, and we explain why in public writings about the cases before us. But Judge Davies was physically threatened for following the law. His wife feared for his safety. The judge was uncowed, and happily so were others who stuck up for the rule of law— not just with regards to the judge, but to even greater threats against the schoolchildren, their families, and leaders like the NAACP’s Daisy Bates. Following a bomb threat on the Sam Peck Hotel where Judge Davies was staying across the street from the courthouse, the judge offered to the proprietor to move elsewhere. Mr. Peck said, “no Judge, you stay right here.”

(Just dismiss the paywall popup.) https://arktimes.com/arkansas-blog/2023/01/01/chief-justice-john-roberts-pays-tribute-to-judge-in-little-rock-school-desegregation-case-is-there-a-hidden-message

The actual report, PDF format here: https://www.supremecourt.gov/publicinfo/year-end/2022year-endreport.pdf

Those of you who have actually read that, and digested it, might want to stick around for a video. Perhaps Roberts has made some veiled threats to states other than Arkansas . . .

https://www.youtube.com/watch?v=6j6zSysZ6i4

Rest in Peace, Judge Davies.