Tuesday, September 18, 2007

Justice Breyer's "Favorite Case" Doesn't Exist

From The Bulletin (via FreeRepublic):
Something remarkable was broadcast on TV recently. Supreme Court Justice Stephen Breyer, a Clinton appointee and one of the most liberal members of the court, was teaching a class about the Constitution. He was asked what his favorite Supreme Court case is.

Justice Breyer replied that it was Cooper v. Faubus. He related how, while giving a Soviet paratroop officer a tour of the Supreme Court, this person asked that very same question. Breyer cited Cooper v. Faubus because it was the case that prompted President Eisenhower to send U.S. paratroopers to Little Rock, Ark., and enforce the Supreme Court decision to desegregate the Little Rock schools.

Then-Arkansas Gov. Orval Faubus, a Democrat, was blocking the entrance to Little Rock's Central High School to prevent the attendance of some African-American students and was using the police to help him - according to Breyer, that is. Since the Russian military officer was a paratrooper, Breyer felt he would appreciate Eisenhower's use of paratroopers to enforce a judicial order. He also felt that this case was an excellent example of how our government works.

However, Justice Breyer erred. There is no Cooper v. Faubus Supreme Court case. There is a Cooper v. Aaron case, in which the Supreme Court ruled that the Little Rock School District must desegregate. There is an 8th Circuit Court case, Faubus v. United States, in which the Eisenhower administration obtained an order enjoining Gov. Faubus and the Arkansas National Guard - not the police, as Breyer said - from blocking the admission of the African-American students.


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My Comments:
Liberals get away with making mistakes like this. Could you imagine the media reaction if Justice Thomas had claimed a case that didn't exist was his "favorite" Supreme Court decision?

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2 Comments:

At 9/18/2007 7:37 AM, Blogger PB said...

Maybe this is the first instance of old age setting in and he’ll soon end up retiring because his memory is fading him?

Also, sickening how this would have been news if it were one of the Bush appointed justices.

 
At 9/18/2007 8:36 AM, Blogger gordon gekko said...

Why not make up a case. He totally makes up ca ca from the Constitution all the time.... Just read the Kelo decision.

 

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