The newly revealed memo lays bare Rehnquist’s abhorrent true position on segregation as late as 1993.
longstanding tribal protections for Native American families and their children. When the court does so, it will be another belated victory for William H. Rehnquist.Amendment on its head, notoriously drafted a 1952 memo as a Supreme Court clerk that defended racial segregation in the South and the disastrousdecision on which the institution’s legality was based.
“The Fourteenth Amendment prohibits discrimination; it does not require integration, and I think it is a mistake to intimate that it does even as a ‘goal,’” Rehnquist wrote into Justice Sandra Day O’Connor as part of an effort to have her remove a passage from an election decision. The logic of Rehnquist’s 1993 memo would seem to be in tension with landmark Supreme Court cases, such as thedecision that ended bans on interracial marriages.
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