Research Material for Speech- "The Broken Promise of 'Brown v Board of Education' ", 2004

October 19, 1963

6425 Cedar Drive

Falls Church, Va.

M. Joseph Bradley

Algona, Iowa

Dear Joe:

Just about time I gave you Chapter II on the Perils of the Uncertain Bureaucrat. First, I have not as yet been steadily and gainfully employed. Second, I am still thinking about Iowa.

But in the meantime, I have been gainfully employed under rather interesting circumstances. It may lead to something, it may not, but you can't say it's monotonous. About the time that the payroll began to slip through my fingers, the United States Cavalry came galloping up with guidons flying.

To get down to cases, the Attorney General was looking around about the first of August for some legal talent to put on the School Segregation Cases. You may recall that the Supreme Court ended its last term with a weasel on the five cases pending before it involving the segregated colored schools of Kansas, Delaware, the District of Columbia, damned if I can remeber the fourth case, but the fifth is, of course, South Carolina. The weasel consisted of five questions, with subquestions, involving practically a reargument of the entire case, with one addition. This time they asked that the legislative history of the Fourteenth Amendment be fully briefed; they also indicated their willingness that the Attorney General, instead of the usual request to the Solicitor General, brief and argue the case as amicus.

It is an open secret that the request being addressed to the Attorney General was merely a device to secure the views of this Administration, for usually all legal business for the United States before that Court is handled by the Solicitor General--but the Acting Solicitor General, my new-found friend Robert Stern, happens to be born and bred a Democrat. So is his principal assistant on the civil rights cases.

And so a task force was created for the cases: a historian for general background work; an appeals lawyer, to handle the assembly of the total brief; and a Congressional expert, to read the Record, rather the Globe, of the black Republican 39th Congress. Guess who turned out to be a Congressional expert? So help me, I was drafted as such, drafted by my own Department after I'd rung every doorbell in town.

We were assembled; we were given office space, secretarial help, and even several young lawyers from the other Divisions were drafted to run books, check citations, do chores. And to the credit of this Administration, no one can deny; but it credits their integrity, but not their good sense.

6425 Cedar Drive Falls Church Virginia

November 27, 1953

Dean Mason A. Ladd College of Law University of Iowa Iowa City, Iowa

Dear Dean Ladd:

Somewhat belatedly, I should like to thank you for your kind letter in response to my inquiry as to the possibilities of resuming practice in Iowa. I tender the attached brief in explanation of my delay.

It is not that I have in any way lost interest in the possibility of returning. But the opportunity to participate in the briefing of the school segregation cases was to me an overriding preference. For not only do those cases present a matter of some constitutional importance, but it gave me a chance to put into practice some of the theories on how to distill legislative intent with which I have been annoying friends around the Department for the past few years. The questions asked by the Court are in part a request for legislative history on a grand scale; and the only real regret about this job has been that there was not time enough to do as thorough a job as the subject warranted.

Of the brief as issued, I am rather proud; an amicus brief, it takes no strong adversary position. Its conclusions are restrained, and, I hope, the stronger for that. It will be accompanied by a rather long Appendix, which will be principally useful as a research tool for the Court, or for anyone in the future who wishes to research the Fourteenth Amendment. Actually, the Appendix is the summary of our notes as to the action taken by the Congress in the period between 1863 and 1875 which is relevant on the civil rights aspect of that Amendment. When it is printed -- and time is so short that it will be served in page proof -- I shall try to send you a copy, or more if the Library would find it useful.

As a result of the work on the brief, I will be kept on in the Department for some time, if I wish. However, my present plans are to stay only long enough to tie off some loose ends of matters in which I have a particular interest, and then to seek different pastures. It may be a month or two, but I plan to make a tour of the state to see what might be available, and to begin that tour in your office.

In the meantime, should anything present itself, I'd be very grateful if you would keep me in mind.

And, of course, I should appreciate knowing of what reaction the brief gives you; true, the Court will undoubtedly let us know what it thinks of our argument, but, in the meantime, we have an abiding curiosity as to the reception our child will have.

Thank you again for your interest and help.

Sincerely,

William J. Lamont

[cut off text]: Falls Church Virginia

November 29, 1953

M. Joseph Bradley Algona, Iowa

Dear Joe:

I must apologize for not writing sooner, but the simple truth is that I could not. For one thing, I was too busy; but, more importantly, I was afraid to open my big fat head for fear that I would talk too much. For I have been engaged in work of great secrecy---the preparation of the brief for the Attorney General in the school segregation cases.

It is out. As of last Friday, the gentlemen in charge screwed their courage up to the sticking point and filed it. I am very proud of my part in it, as number four on the totem pole. We---there were five of us on the project under the direction of Mr. J. Lee Rankin, Assistant Attorney General, who was under Mr? Brownell---that's no typo, son---we wrote a beautiful brief. The story of exactly how it came to be written is one I will tell you when I see you, but it is very interesting. As you may have read, the Attorney General has concluded that racial segregation in schools "may" violate the Fourteenth Amendment; and the brief he has filed conclusively demonstrates that fact.

Particularly is it conclusive if you read the parts other than the conclusions. Over those, we had little control.

Anyhow, as a result of my brilliant efforts on that brief, I am to be offered a permanent job in the Department, in Mr. Rankin's Office of Legal Counsel. And, as a result of my interesting experiences on that brief, I don't want it. More than ever, I want out where I can flip my wig with all other good men. I may not be able to voice my dislike with more fervor than many of the Iowa boys; but I bet I can do it with more knowledge. This administration is full of the most consummate hypocrisy that is possible.

But, wanting to get there, and getting there, are two different things. I have been writing to Ladd, who seems to think there are possibilities there, and suggests that I come out and look around. I will, but not for a month or two. That will give me time to clear away some loose ends here, and make preparations to liquidate out what I have here. Then, barring a loss of courage, or a major depression, I'll be seeing you.

In the meanwhile, should you hear of anything in the way of an opportunity for a very tire lawyer, let me know. After three months, day and night, Sundays and holidays, I'm weary. But, having filed the brief, I listen to the howls from the Dixiecrats with pleasure, indeed ecstasy.

Sincerely,

John

6425 Cedar Drive Falls Church Virginia

November 30, 1953

Mr. Robert A. Fulwiler, Jr. Hercules Powder Company Delaware Trust Bldg. Wilmington, 99, Delaware

Dear Bob:

Here is the brief. From sheer poundage, if nothing else, it is an outstanding production; but it also represents an almost unbelievable amount of work. We had to research the Federal materials through more than a dozen sessions of Congress, and State materials from here to hell and gone.

The result is rather mild, but I hope it fills the purpose. As a result of our arduous labors, two of us are to be retained for the regular staff of the Office of Legal Counsel. An honor, no doubt, and one which will feed me, but, actually, I'm not at all happy with it. I have my mind made up to get out, and, while nothing has yet shown up, I hate to unmake it. Of course, having signed this brief, my chances of practicing below the Mason-Dixon line are not notably enhanced.

Your boy Stanley did right well; had the rest of the State been as bright as the 10th District, he would have had a shoo-in. It bears out what I've always said, that a Democrat anywhere else is really in Virginia a Republican.

We were just served with the John W. Davis brief for South Carolina, so it's back to the salt mines.

Anyway, let me know if you hear of any employment possibilities outside this town.

Sincerely

William J. Lamont