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Herbert Brownell, Jr.: The “Hidden Hand”

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Abstract:

There are, of course, many heroes behind the Supreme Court's most famous and, some would argue, most significant case of the 20th Century: Brown v. Board of Education. 2 Chief Justice Earl Warren wrote the decision and is credited with convincing the other Justices to make it unanimous. Thurgood Marshall and Robert L. Carter argued important aspects of the case for the NAACP and championed a legal strategy that brought it to the High Court. Few, however, would readily name Herbert Brownell, Jr. as one of the heroes. Yet, as Attorney General, Brownell was President Eisenhower's chief adviser on judicial appointments when he put Warren on the Court, and Brownell led the Justice Department in supporting the notion that segregation of public schools violated the Constitution.

Document Type: Original Article

DOI: http://dx.doi.org/10.1111/j.1540-5818.2012.01283.x

Publication date: March 1, 2012

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