From the Desk of the Hon. Milt Hirsch - your Constitutional Calendar Thought for the Day
James Meredith was a Mississippian who, after serving honorably in the United States Air Force, returned home and sought to enroll at the University of Mississippi. But James Meredith was a Black Mississippian. What it took to get him enrolled was nothing short of one of the great constitutional crises in our modern history. Ross Barnett, governor of the state, was determined that no Black person would attend the flagship state university. The judges of the United States Court of Appeals for the Fifth Circuit were a good deal more determined that James Meredith would do just that.
In a series of opinions, see, inter alia, United States v. Barnett, 330 F.2d 369 (5th Cir. 1963); Meredith v. Fair, 328 F.2d 586 (5th Cir. 1962); Meredith v. Fair, 313 F.2d 532 (5th Cir. 1962), the federal appellate court held the governor of the state in civil contempt and then ordered him to show cause why he should not be held in criminal contempt. On May 5, 1965, well after James Meredith had finally been permitted to attend the university, the en banc court, in a brief and cryptic 4-3 decision, decided to abandon the criminal charges. The majority appeared to be concerned about the political ramifications, and the potential for allegations of judicial overreaching, if it convicted and jailed the governor.
Dissenting, Judge John Minor Wisdom had other concerns:
Sunday, September 30, 1962, was a climactic day for James Meredith. On three occasions before that day, the Governor and Lieutenant-Governor of Mississippi, with state highway troopers, sheriffs, and local police officers, had formed a wall barring Meredith’s way into the University of Mississippi. No one will ever know whether the Governor of Mississippi could have made that Sunday a day to be remembered as marking the Deep South’s turn toward a peaceful solution of its racial problems. What we do know is that the rioting and insurrection in Oxford on September 30, 1962, was the worst of many bad days in the Deep South marked by bloodshed, bombings, and church burnings. If the indictment may be dismissed in the interest of the public, that interest should be tested by the significance to the public of Governor Barnett’s actions on September 30, 1962. On that day in Oxford, Mississippi, the Governor of the State flouted explicit orders of this Court, struck a blow against American federalism, and defied the Nation.
GOVERNOR OF FLORIDA RON DESANTIS OBJECTS TO THE ABOVE COMMENT.
In the name of Critical Race Theory (CRT), it is apparent that Judge Hirsch seeks to make me and others like me (White folks) feel bad for what happened in 1962 to this man, James M. (last name left out to protect his identity). In Florida, we have laws against that. Like I have already done to several elected officials, we will now open an investigation into the removal of Judge Hirsch.
Has anyone heard of state's rights. What right did the District Court and the Federal Appellate Court have to order a Governor around. Here in the "Free State of Florida" nobody orders me around. This is the State where "woke goes to die". Suffice it to say that, if I had been Governor at the time, nothing like this would have ever happened. That's why we have Florida A&M University after all.
Rumpole - I have heard from a bailiff, along with several corrections officers and in-custody clients, that the jails are currently experiencing simultaneous outbreaks of tuberculosis and Covid. Anybody know anything about this?
Hi, I am Ron Disantis, your fuhrer, your dictator, and I will tell you what to think, what to say, who to vote for and I will make sure all illegal immigrants and all gay people are executed forthwith.
I voted for Andrew Gillum, and the revelations of his pre- and post-election behavior, Hamilton-ticket-taking, and other misconduct (how about naked in a MB hotel room with a guy who had overdosed? What a great role model!) were just devastating. The criminal case had vulnerabilities, which David and Margot fully exposed, and their first-class legal work, proven over years of careful preparation and courtroom activity, won the case. But Gillum is certainly heavily responsible, by his lack of morals and ethical violations, for the increasing strength of the GOP in the Legislature and for sure gave DeSantis a leg up on his crusade to turn us all into models of German citizens of the 20s and 30s. I dearly hope that David and Margot, Richard Klugh, and the other excellent lawyers on Gillum's case, got paid a LOT of $$$$$$, and that Gillum (not a lawyer so can't be disbarred) is on the hook to be paying them (or whoever fronted the money) for years and years and is forced to do work that enables him to do so.
From the Desk of the Hon. Milt Hirsch - your Constitutional Calendar Thought for the Day
ReplyDeleteJames Meredith was a Mississippian who, after serving honorably in the United States Air Force, returned home and sought to enroll at the University of Mississippi. But James Meredith was a Black Mississippian. What it took to get him enrolled was nothing short of one of the great constitutional crises in our modern history. Ross Barnett, governor of the state, was determined that no Black person would attend the flagship state university. The judges of the United States Court of Appeals for the Fifth Circuit were a good deal more determined that James Meredith would do just that.
In a series of opinions, see, inter alia, United States v. Barnett, 330 F.2d 369 (5th Cir. 1963); Meredith v. Fair, 328 F.2d 586 (5th Cir. 1962); Meredith v. Fair, 313 F.2d 532 (5th Cir. 1962), the federal appellate court held the governor of the state in civil contempt and then ordered him to show cause why he should not be held in criminal contempt. On May 5, 1965, well after James Meredith had finally been permitted to attend the university, the en banc court, in a brief and cryptic 4-3 decision, decided to abandon the criminal charges. The majority appeared to be concerned about the political ramifications, and the potential for allegations of judicial overreaching, if it convicted and jailed the governor.
Dissenting, Judge John Minor Wisdom had other concerns:
Sunday, September 30, 1962, was a climactic day for James Meredith. On three occasions before that day, the Governor and Lieutenant-Governor of Mississippi, with state highway troopers, sheriffs, and local police officers, had formed a wall barring Meredith’s way into the University of Mississippi. No one will ever know whether the Governor of Mississippi could have made that Sunday a day to be remembered as marking the Deep South’s turn toward a peaceful solution of its racial problems. What we do know is that the rioting and insurrection in Oxford on September 30, 1962, was the worst of many bad days in the Deep South marked by bloodshed, bombings, and church burnings. If the indictment may be dismissed in the interest of the public, that interest should be tested by the significance to the public of Governor Barnett’s actions on September 30, 1962. On that day in Oxford, Mississippi, the Governor of the State flouted explicit orders of this Court, struck a blow against American federalism, and defied the Nation.
Cap Out .......
ReplyDeleteTHE CAPTAIN REPORTS:
FROM THE DESK OF GOV. RON DESANTIS:
GOVERNOR OF FLORIDA RON DESANTIS OBJECTS TO THE ABOVE COMMENT.
In the name of Critical Race Theory (CRT), it is apparent that Judge Hirsch seeks to make me and others like me (White folks) feel bad for what happened in 1962 to this man, James M. (last name left out to protect his identity). In Florida, we have laws against that. Like I have already done to several elected officials, we will now open an investigation into the removal of Judge Hirsch.
Has anyone heard of state's rights. What right did the District Court and the Federal Appellate Court have to order a Governor around. Here in the "Free State of Florida" nobody orders me around. This is the State where "woke goes to die". Suffice it to say that, if I had been Governor at the time, nothing like this would have ever happened. That's why we have Florida A&M University after all.
Signed,
Ron Death-Santis
Rumpole - I have heard from a bailiff, along with several corrections officers and in-custody clients, that the jails are currently experiencing simultaneous outbreaks of tuberculosis and Covid. Anybody know anything about this?
ReplyDeleteDid Captain just out his real identity?
ReplyDeleteWhile I may not always agree with the rulings of Judge Hirsch he is always articulate in his orders. Thanks
ReplyDeleteHi, I am Ron Disantis, your fuhrer, your dictator, and I will tell you what to think, what to say, who to vote for and I will make sure all illegal immigrants and all gay people are executed forthwith.
ReplyDeleteWelcome to Florida.
I voted for Andrew Gillum, and the revelations of his pre- and post-election behavior, Hamilton-ticket-taking, and other misconduct (how about naked in a MB hotel room with a guy who had overdosed? What a great role model!) were just devastating.
ReplyDeleteThe criminal case had vulnerabilities, which David and Margot fully exposed, and their first-class legal work, proven over years of careful preparation and courtroom activity, won the case. But Gillum is certainly heavily responsible, by his lack of morals and ethical violations, for the increasing strength of the GOP in the Legislature and for sure gave DeSantis a leg up on his crusade to turn us all into models of German citizens of the 20s and 30s.
I dearly hope that David and Margot, Richard Klugh, and the other excellent lawyers on Gillum's case, got paid a LOT of $$$$$$, and that Gillum (not a lawyer so can't be disbarred) is on the hook to be paying them (or whoever fronted the money) for years and years and is forced to do work that enables him to do so.