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Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn
Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn
The University of New Hampshire Law Review
[Excerpt] “In the 1950s and 1960s, the southern states struggled to respond to the civil rights decisions being issued by the U.S. Supreme Court as well as the new civil rights laws being passed by Congress. The judicial battleground for this perfect storm of evasion and massive resistance was found in the “old” Fifth Circuit Court of Appeals, which encompassed the states of Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. In the “old” Fifth Circuit, a minority of liberal appeals court judges—sympathetic to the civil rights movement—used all legal and administrative power at their disposal to make sure that the …