Franken defends Thurgood Marshall from GOP criticism
Friday, July 02, 2010 at 2:06 pm
Sen. Al Franken took the opportunity during the confirmation hearings of Supreme Court nominee Elena Kagan to subtly criticize Republican statements asserting that Thurgood Marshall — the court’s first African American justice and a lawyer instrumental in getting segregation laws overturned — was an activist judge.
Kagan was a clerk for Marshall.
Franken laid out his argument by noting that numerous cases decided by the current Supreme Court would easily be construed as “activist” according to the Republican definition.
To Sen. Lindsay Graham, R-S.C., he said:
You said there are three things that judges hold to when they’re not activists. You said that they respect precedent. They make narrow decisions and they defer to the political branches, in other words the legislature. And there are a lot of recent cases that we’ve been talking about that instinctively strike me and a lot of other people as falling outside of these three guidelines. And I think that in these cases the Supreme Court was legislating from the bench, which is being activist.
But, Franken said, Brown v. Board of Education was not one of them. And that Thurgood was not an activist judge.
Here’s Franken’s full statement:
25 Comments
Comment posted July 2, 2010 @ 2:38 pm
Franken has no idea what he’s talking about. You’ll notice he didn’t give any examples of what he thought was revent judicial activism.
Brown v. Board of Education was a fundamentally racist decision. It ruled that black children could not learn in school unless they were sitting next to a white child. The remedy was to impose decades of mandatory busing children around town to try to provide sufficient smart white kids to the apparently stupid black kids that needed some of that white magic to run off onto them.
I was attending a predominatly black school when this decision came down. It was also the newest, most modern and best-equipped elementary school in town. Needless to say that the parents of my black friends were outraged at the decision. But Thurgood Marshall was hailed a hero by all the bourgeois white liberals.
It helped destroy the public school systems by diverting funds to non-educational expenses like buses and bureacracies dedicated to counting white and black faces instead of education. And for what? The schools are more segregated now than they were then.
Comment posted July 2, 2010 @ 3:09 pm
Judge rules against Republicans = activist judge.
Plain and simple.
Pingback posted July 2, 2010 @ 3:49 pm
[...] Franken defends Thurgood Marshall from GOP criticismMinnesota Independent… Thurgood Marshall — the court's first African American justice and a lawyer instrumental in getting segregation laws overturned — was an activist …Supreme Court Hearings Remind Us of What's at StakeHuffington Post (blog) [...]
Comment posted July 2, 2010 @ 4:19 pm
>> The remedy was to impose decades of mandatory busing children around town to try to provide sufficient smart white kids to the apparently stupid black kids that needed some of that white magic to run off onto them.
Dennis, that was a VERY disgusting and stupid comment, worthy of a vicious slap across your face! Shame on you!
Brown v. Board of Education held that racial segregation violates the equal protections clause of the 14th Amendment.
This unanimous ruling overturned the 1896 Plessy v. Ferguson decision, and paved the way for integration and the civil rights movement.
This ruling did not specify busing as a solution, only that “separate but equal” is unconstitutional.
Comment posted July 2, 2010 @ 4:28 pm
Right Dennis, the response to Brown was busing, even though Brown was 1954 and busing started in the 70′s.
Comment posted July 2, 2010 @ 4:56 pm
And desegregation busing was largely discontinued by most school districts in the early 1990s … due to many families angry at having to send their children to another school in an unfamiliar neighborhood when there is a school nearby; white flight to the suburbs; and the rise of private, parochial and magnet schools. All these developments along with changes in housing patterns negated any effectiveness mandatory busing may have had.
Comment posted July 2, 2010 @ 5:14 pm
Of course, the white flight to the suburbs happened in tandem with the migration of many blacks to the northern cities.
Need I mention the now-illegal redlining practices by banks and other commercial entities with its long-lasting harmful effects on the blacks …
Finally, people tend to congregate around others most like themselves …
Oh yes, we mustn’t forget the relatively new integration movement of children with disabilities and special needs. Funding for this is at risk in many cash-strapped school districts these days.
Comment posted July 2, 2010 @ 8:10 pm
“Brown v. Board of Education held that racial segregation violates the equal protections clause of the 14th Amendment.”
That’s what I said. The SCOTUS agreed with Marshall’s claim that in order for black kids to learn they had to sit next to a white kid. That’s fundamentally racist.
Comment posted July 2, 2010 @ 8:14 pm
@Eric: “Though public schools were technically desegregated in 1954 by the U.S. Supreme Court decision in Brown vs Board of Education, many were still de facto segregated due to inequality in housing and racial segregation in neighborhoods.[clarification needed] In the 1971 Swann v. Charlotte-Mecklenburg Board of Education ruling, the Supreme Court upheld the constitutionality of busing to end school segregation and dual school systems,[1] on Charlotte, North Carolina and other cities nationwide to affect student assignment based on race and to attempt to further integrate schools.[2] However, in 1974′s Milliken v. Bradley they placed an important limitation on Swann when they ruled that students could only be bused across district lines when evidence of de jure segregation across multiple school districts existed.
In the 1970s and 1980s, under federal court supervision, many school districts implemented mandatory busing plans within their district. A few of these plans are still in use today.”
http://en.wikipedia.org/wiki/Desegregation_busing_in_the_United_States\
Comment posted July 2, 2010 @ 10:15 pm
>> “The SCOTUS agreed with Marshall’s claim that in order for black kids to learn they had to sit next to a white kid.”
Dennis, you are such a moron.
Where does it say that Marshall argued that black kids are incapable of learning unless they are sitting next to white kids?
I can’t believe you appear so ignorant of the racism-fostered inequities back then between blacks-only schools and whites-only schools in terms of facilities, staff, study materials, per-student funding and opportunity.
“Marshall argued that school segregation was a violation of individual rights under the 14th Amendment. He also asserted that the only justification for continuing to have separate schools was to keep people who were slaves ‘as near that stage as possible.’”
Marshall demonstrated that whites did not want integration because they feared that black kids would pull down the educational quality for their kids, that integration would lead to taboo behavior such as interracial dating and sex among other things.
Chief Justice Warren wrote the Court’s opinion: “To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.”
The SCOTUS found that “separate but equal” is anything but equal – in violation of the equal protections clause of the 14th Amendment.
>> “many were still de facto segregated due to inequality in housing and racial segregation in neighborhoods.”
The SCOTUS had nothing to do with this reality. I already mentioned several factors that contributed to this phenomenon such as the migration of Southern blacks to northern cities coupled with the flight of whites to the suburbs with the blacks affected by redlining practices by banks as a result of that same racism that whites had in terms of fears that if a black family moved to the neighborhood, neighborhood values would decline …
It was a very complex situation; busing was but an attempt to resolve some negative aspects of what was going on. At the same time, there are many other issues besides busing that affect public schools.
However, I will not abide Dennis’ racism in this forum. Race has nothing to do with learning ability and intelligence. Believe me, Dennis, there are plenty of idiots out there who are white … and it is NOT because they sat next to black kids when they were young and in school!
Comment posted July 2, 2010 @ 11:17 pm
Actually, Dennis, Sen. Franken did go through a list of examples. You just decided to assume he didn’t because you read an excerpt of his whole speech instead of watching the video.
Further, Brown v Board stated that “separate but equal” led to unequal opportunities because funding was being funneled toward white-only schools. Therefore, “separate but equal” didn’t work and was ruled unconstitutional due to the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. To conclude as you did can only be explained by historical revision with a racist slant.
Comment posted July 2, 2010 @ 11:36 pm
Senator Franken has a very good grasp of what is and is not an activist judge. He had the references needed to make his point, and made it well.
He also seems to have a very good grasp of what makes a good Senator. We are so fortunate to have him working for us.
Comment posted July 2, 2010 @ 11:57 pm
Senator Franken also has a very good grasp of when filibuster is appropriate or not.
Comment posted July 3, 2010 @ 12:23 am
Dennis is a useful idiot who will spout Republican talking points without doing any thinking on his own.
Comment posted July 3, 2010 @ 12:34 am
Chris, thank you for successfully pulling together the salient portions of my background information to clearly and succintly explain why “separate but equal” in this situation didn’t work.
Comment posted July 3, 2010 @ 7:25 am
All you idiots know about Brown is what you read on the internet. I lived it. The black school I attended in St. Paul was the newest facility in the city and was in the center of the city’s black neighborhood.
Marshall, SCOTUS and now you morons are making the same racist generalizations that all blacks are poor and stupid and the only way to remedy that is for the government to mandate who should go to which school.
You white liberal morons have been brainwashed for so long by your leftist educators and media that you can’t even think for yourselves enough to recognize blatant government-sponsored institutional racism when it’s staring you in the face and are willing to ignore the actual personal expeprience of someone who lived through it in favor of your 9th grade social studies teacher’s interpretation of history.
Comment posted July 3, 2010 @ 11:37 am
How does Dennis’ accusation of “government-sponsored institutional racism” apply to the context of that newest facility in the center of the black neighborhood in St. Paul back in the I presume early 70′s given that I am not aware of anyone denied the same educational opportunities as any other student in that school district, that whatever busing that took place affected everyone?
Comment posted July 3, 2010 @ 11:54 am
Tell us how we would all be better off if Brown v. Board Of Education had been decided the other way.
Show me how I’m a white liberal moron and you’re not the propaganda victim.
You could at least show us your awesome intellect and explain how your personal experience is exactly what was intended by the SC decision and not just the unfortunate results of circumstances brought about by people who couldn’t see the future.
Obviously you “know” your experiences are representative of all the rest of the country, but there’s nothing idiotic about that, is there?
How come you don’t have an explanation for this point: “Further, Brown v Board stated that “separate but equal” led to unequal opportunities because funding was being funneled toward white-only schools. ” (Thanks, Chris)
How come you don’t have an explanation for this point: “the response to Brown was busing, even though Brown was 1954 and busing started in the 70’s.” (Thanks, Eric)
Help me, Dennis, I don’t want to be an “idiot” or a “White liberal moron.”
Show us, genius.
Comment posted July 3, 2010 @ 3:37 pm
Dennis – why should we believe anything you or the other right-wing trolls have to say?
You lie – you write stupid things – you cheat (Have we forgotten the Jimmy/Rudy/Raymond incident? I don’t think so)
Dennis you are still an unctuous ass.
Comment posted July 5, 2010 @ 1:18 am
Dennis the racist is complaining that other people are being racist? What a laugh. If he didn’t exist, we’d have to make him up.
Comment posted July 5, 2010 @ 2:40 pm
Racism is making judgements based on race. I’m not the one who supported a guy for president because of his race. The only racists in this society, are on the Left.
Comment posted July 5, 2010 @ 3:09 pm
Next we will hear Dennis proclaiming “Sexism is making judgements based on gender. I’m not the one who didn’t support Hillary Clinton for president because of her gender. The only sexists in this society are on the Left.”
Comment posted July 5, 2010 @ 3:32 pm
Dennis –
What you are saying is that the majority of the people who voted in the last presidential election are racists?
And you wonder why you don’t get invited to more parties.
RSS feed for comments on this post.
Sorry, the comment form is closed at this time.






