Fifth Circuit Four

Short description: Group of American judges

The "Fifth Circuit Four" (or simply "The Four") were four judges of the United States Court of Appeals for the Fifth Circuit 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 of African Americans; in this they were opposed by fellow Fifth Circuit judge Ben Cameron, an avowed white supremacist. At that time, the Fifth Circuit included not only Louisiana, Mississippi, and Texas (the limits of its jurisdiction since October 1, 1981), but also Alabama, Georgia, Florida, and the Panama Canal Zone. [1]

"The Four" were Richard T. Rives, Elbert Parr Tuttle, and John R. Brown, who successively served as Chief Judge,and colleague John Minor Wisdom. All but Rives were liberal Republicans; Rives was a Democrat and friend of Supreme Court justice Hugo Black.[1]

The jurisprudence of the group led to expansion of the rights granted in Brown v. Board to other areas of society, such as employment, integration, and voting rights.[1] 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 justices received many phone threats and had their personal property destroyed or vandalized.[2]

## Quote

"The Constitution is both color blind and color conscious. To avoid conflict with the equal protection clause, 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 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.[3]

## See also

* Frank Minis Johnson – a U.S. District Judge for the Middle District of Alabama whose rulings had a strong impact on civil rights in the American South.
* Elbert Tuttle – the chief judge on the Fifth Circuit 1960-67 (after Rives and before Brown), and a member of the group of four.

## References

1. ↑ 1.0 1.1 1.2 Bass, Jack (2004-04-15). "The 'Fifth Circuit Four'" (in en-US). The Nation. ISSN 0027-8378. https://www.thenation.com/article/archive/fifth-circuit-four/.
2. ↑ Grinstein, Max (2020). "The Fifth Circuit Four: The Unheralded Judges Who Helped to Break Legal Barriers in the Deep South". Society for History Education. https://www.societyforhistoryeducation.org/pdfs/N20_Grinstein.pdf.
3. ↑ Circuit, United States Court of Appeals Fifth (1966-12-29). "372 F2d 836 United States v. Jefferson County Board of Education" (in English). Open Jurist F2d (372): 836. https://openjurist.org/372/f2d/836/united-states-v-jefferson-county-board-of-education.

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