The "Fifth Circuit Four" (or simply "The Four") were four judges of the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...

who, during the late 1950s, became known for a series of decisions (which continued into the late 1960s) crucial in advancing the

civil and political rights Civil and political rights are a class of rights that protect individuals' political freedom, freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and ...

African American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an Race and ethnicity in the United States, American racial and ethnic group that consists of Americans who have total or partial ancestry from an ...

History

In their most famous cases, they were opposed by fellow Fifth Circuit judge Ben Cameron, an avowed

white supremacist White supremacy is the belief that white people are superior to those of other races. The belief favors the maintenance and defense of any power and privilege held by white people. White supremacy has roots in the now-discredited doctrine ...

. At that time, the Fifth Circuit included not only

Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...

Mississippi Mississippi ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South regions of the United States. It borders Tennessee to the north, Alabama to the east, the Gulf of Mexico to the south, Louisiana to the s ...

, and

Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...

(the limits of its jurisdiction since October 1, 1981), but also

Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...

Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

, and the

Panama Canal Zone The Panama Canal Zone (), also known as just the Canal Zone, was a International zone#Concessions, concession of the United States located in the Isthmus of Panama that existed from 1903 to 1979. It consisted of the Panama Canal and an area gene ...

. "The Four" were Richard T. Rives, Elbert Parr Tuttle (who served as Chief Judge from 1960-67), John R. Brown (who succeeded Tuttle as Chief Judge), and

John Minor Wisdom John Minor Wisdom (May 17, 1905 – May 15, 1999), one of the "Fifth Circuit Four", and a United States Republican Party, Republican from Louisiana, was a United States federal judge, United States circuit judge of the United States Court of Appe ...

. All but Rives were liberal Republicans; Rives was a Democrat and friend of

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

justice

Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an Associate Justice of the Supreme Court of the United States, ass ...

. The jurisprudence of the group led to expansion of the rights granted in ''

Brown v. Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court that ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the ...

'' to other areas of society, such as employment, integration, and voting rights. Since Brown did not specify the mechanisms for desegregation, it was crucial that lower federal courts such as the Fifth Circuit expanded civil rights law. In several court cases, such as '' Louisiana v. United States'', the court struck down "race neutral" laws that functionally denied African Americans their rights due to unequal application. In response, the judges faced major backlash from their communities, who were largely against integration and civil rights for African Americans. The judges received many phone threats and had their personal property destroyed or vandalized.

Quote

"The
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
is both color blind and color conscious. To avoid conflict with the
equal protection clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
, a classification that denies a benefit, causes harm, or imposes a burden must not be based on race. In that sense the Constitution is color blind. But the Constitution is color conscious to prevent
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
being perpetuated and to undo the effects of past discrimination. The criterion is the relevancy of color to a legitimate government purpose." —Judge John Minor Wisdom, writing for the majority in ''United States v. Jefferson County Board of Education'', 1966.

References

History of African-American civil rights Judges of the United States Court of Appeals for the Fifth Circuit Quartets United States racial discrimination case law 20th-century American judges {{Civil-rights-movement-stub

History

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See also

References