• A Tale of Two Justices: Brandeis, Marshall, and Federal Court Judicial Diversity

    Author(s):
    Linda Sheryl Greene
    Date:
    2017
    Group(s):
    MSU Law Faculty Repository
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/3vp7-yg54
    Abstract:
    In this Article, I will focus on the appointment of Louis D. Brandeis to the United States Supreme Court as a significant landmark in the history of the federal judiciary. I explore this topic initially through a comparison of President Woodrow Wilson's 1916 appointment of Louis Brandeis with President Lyndon Johnson's appointment of Thurgood Marshall as a symbolic opening of the federal bench to African-American lawyers. Both Brandeis and Marshall were well-known nationally prior to their appointments, with Brandeis engaged in significant domestic and international activities, including his embrace of Zionism, and Marshall engaged in almost a four-decade long assault on racial segregation and Plessy v. Ferguson.' Perhaps not ironically, both endured abnormally long waits between nomination and confirmation while their opponents raised substantive objections that thinly veiled the opposition to the placement of a member of their respective groups on the highest court.
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    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    3 weeks ago
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