John Minor Wisdom
Encyclopedia
John Minor Wisdom one of the "Fifth Circuit Four
", and a liberal Republican from Louisiana
, was a judge of the United States Court of Appeals for the Fifth Circuit
during the 1950s and 1960s, when that court became known for a series of decisions crucial in advancing the civil rights of African-Americans. At that time, the Fifth Circuit included not only Louisiana, Mississippi
, and Texas
(its jurisdiction since October 1, 1981), but also Alabama
, Georgia
, Florida
, and the Panama Canal Zone
.
Wisdom was born in New Orleans
and graduated from the prestigious Isidore Newman School
. In 1925, he received an A.B.
degree from Washington and Lee University
in Lexington
, Virginia. In 1929, he received an LL.B. from Tulane Law School. He was in the United States Army
Lieutenant Colonel from 1942 to 1946. He was in private practice of law in New Orleans, Louisiana
from 1929 to 1957. He was an Adjunct professor of law, Tulane University from 1938 to 1957.
As a young man, Wisdom was a Democrat, but he left that party in reaction to what he perceived as the corrupt administration of Governor Huey Pierce Long, Jr. As the Republican National Committeeman from Louisiana, Wisdom was instrumental in securing the nomination of Dwight D. Eisenhower
at the 1952 Republican National Convention
in Chicago, Illinois
. Wisdom was also credited for helping Eisenhower to win Louisiana in the 1956 general election, the first time Louisiana had voted Republican in 80 years. Eisenhower appointed Wisdom to the Fifth Circuit bench in 1957 in what was seen as a reward for his services. Wisdom was nominated by President Eisenhower on March 14, 1957, to a seat vacated by Wayne G. Borah
. He was confirmed by the United States Senate
on June 26, 1957, and received his commission on June 27, 1957.
Wisdom assumed senior status
on January 15, 1977, but continued to hear cases until his death in 1999. Judge Wisdom was a member of the Judicial Panel on Multidistrict Litigation
(MDL) from its creation in 1968 and was then the Panel’s chairman from 1975 until 1978., and he served on the Special Court created under the Regional Rail Reorganization Act starting in 1975, becoming presiding judge from 1986, when Judge Friendly retired, until 1996 when the Special Court was dissolved. President Bill Clinton
awarded Wisdom the Presidential Medal of Freedom
in 1993. On May 25, 1994, the Fifth Circuit's headquarters in New Orleans was renamed the John Minor Wisdom U.S. Court of Appeals Building.
Judge Wisdom's former law clerks include U.S. Senator Lamar Alexander
; Judge William H. Pryor, Jr.
of the United States Court of Appeals for the Eleventh Circuit
; Judge Martin Leach-Cross Feldman
of the U.S. District Court for the Eastern District of Louisiana; Judge D. Brock Hornby of the United States District Court for the District of Maine
; U.S. Bankruptcy Judge
Jerry Brown of the Eastern District of Louisiana
; U.S. Magistrate Judge
Viktor V. Pohorelsky of the Eastern District of New York
; Justice Nora M. Manella
of the California Court of Appeal; Professor Philip Frickey of the University of California at Berkeley School of Law; Ricki Tigert Helfer, former chair of the Federal Deposit Insurance Corporation
; Jack Weiss, Chancellor of Louisiana State University
Paul M. Hebert Law Center
; Barry Sullivan
, former dean of the Washington and Lee University School of Law
; and Gail B. Agrawal, dean of the University of Iowa College of Law
.
Upon his death, Wisdom left all of his writings, papers, and a variety of other personal effects, to Tulane University Law School
, which now displays them in the law school building, Weinmann Hall.
Wisdom is one of the subjects of the book Unlikely Heroes by Jack Bass, about the southern federal judges who helped implement the desegregation
of the South. A full-length biography, Champion of Civil Rights: Judge John Minor Wisdom, was written by Professor Joel William Friedman of Tulane Law School, and was published in January 2009 by Louisiana State University Press
.
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."
Fifth Circuit Four
The "Fifth Circuit 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 crucial in advancing the civil rights of African Americans; in this they were opposed by fellow fifth-circuit judge Ben Cameron,...
", and a liberal Republican from Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, was a judge of the United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
during the 1950s and 1960s, when that court became known for a series of decisions crucial in advancing the civil rights of African-Americans. At that time, the Fifth Circuit included not only Louisiana, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
(its jurisdiction since October 1, 1981), but also Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, and the Panama Canal Zone
Panama Canal Zone
The Panama Canal Zone was a unorganized U.S. territory located within the Republic of Panama, consisting of the Panama Canal and an area generally extending 5 miles on each side of the centerline, but excluding Panama City and Colón, which otherwise would have been partly within the limits of...
.
Wisdom was born in New Orleans
New Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...
and graduated from the prestigious Isidore Newman School
Isidore Newman School
Isidore Newman School is a private, nondenominational, co-educational college preparatory school located on an campus in the Uptown section of New Orleans, Louisiana.-History:...
. In 1925, he received an A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree from Washington and Lee University
Washington and Lee University
Washington and Lee University is a private liberal arts college in Lexington, Virginia, United States.The classical school from which Washington and Lee descended was established in 1749 as Augusta Academy, about north of its present location. In 1776 it was renamed Liberty Hall in a burst of...
in Lexington
Lexington, Virginia
Lexington is an independent city within the confines of Rockbridge County in the Commonwealth of Virginia. The population was 7,042 in 2010. Lexington is about 55 minutes east of the West Virginia border and is about 50 miles north of Roanoke, Virginia. It was first settled in 1777.It is home to...
, Virginia. In 1929, he received an LL.B. from Tulane Law School. He was in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
Lieutenant Colonel from 1942 to 1946. He was in private practice of law in New Orleans, Louisiana
New Orleans, Louisiana
New Orleans is a major United States port and the largest city and metropolitan area in the state of Louisiana. The New Orleans metropolitan area has a population of 1,235,650 as of 2009, the 46th largest in the USA. The New Orleans – Metairie – Bogalusa combined statistical area has a population...
from 1929 to 1957. He was an Adjunct professor of law, Tulane University from 1938 to 1957.
As a young man, Wisdom was a Democrat, but he left that party in reaction to what he perceived as the corrupt administration of Governor Huey Pierce Long, Jr. As the Republican National Committeeman from Louisiana, Wisdom was instrumental in securing the nomination of Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
at the 1952 Republican National Convention
1952 Republican National Convention
The 1952 Republican National Convention was held at the International Amphitheatre in Chicago, Cook County, Illinois from July 7 to July 11, 1952 and nominated the popular general and war hero Dwight D...
in Chicago, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
. Wisdom was also credited for helping Eisenhower to win Louisiana in the 1956 general election, the first time Louisiana had voted Republican in 80 years. Eisenhower appointed Wisdom to the Fifth Circuit bench in 1957 in what was seen as a reward for his services. Wisdom was nominated by President Eisenhower on March 14, 1957, to a seat vacated by Wayne G. Borah
Wayne G. Borah
Wayne G. Borah was a United States federal judge.Born in Baldwin, Louisiana, Borah received an LL.B. from Louisiana State University in 1915. He was in private practice in New Orleans, Louisiana from 1915 to 1917, and was then in the United States Army during World War I, from 1917 to 1919,...
. He was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
on June 26, 1957, and received his commission on June 27, 1957.
Wisdom assumed senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
on January 15, 1977, but continued to hear cases until his death in 1999. Judge Wisdom was a member of the Judicial Panel on Multidistrict Litigation
Judicial Panel on Multidistrict Litigation
The United States Judicial Panel on Multidistrict Litigation is a special body within the United States federal court system which manages multidistrict litigation. It was established by Congress in 1968 under 28 U.S.C...
(MDL) from its creation in 1968 and was then the Panel’s chairman from 1975 until 1978., and he served on the Special Court created under the Regional Rail Reorganization Act starting in 1975, becoming presiding judge from 1986, when Judge Friendly retired, until 1996 when the Special Court was dissolved. President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
awarded Wisdom the Presidential Medal of Freedom
Presidential Medal of Freedom
The Presidential Medal of Freedom is an award bestowed by the President of the United States and is—along with thecomparable Congressional Gold Medal bestowed by an act of U.S. Congress—the highest civilian award in the United States...
in 1993. On May 25, 1994, the Fifth Circuit's headquarters in New Orleans was renamed the John Minor Wisdom U.S. Court of Appeals Building.
Judge Wisdom's former law clerks include U.S. Senator Lamar Alexander
Lamar Alexander
Andrew Lamar Alexander is the senior United States Senator from Tennessee and Conference Chair of the Republican Party. He was previously the 45th Governor of Tennessee from 1979 to 1987, United States Secretary of Education from 1991 to 1993 under President George H. W...
; Judge William H. Pryor, Jr.
William H. Pryor, Jr.
William Holcombe "Bill" Pryor, Jr. is a federal judge on the United States Court of Appeals for the Eleventh Circuit. Previously, he was the Attorney General of the State of Alabama from 1997 to 2004.-Background:...
of the United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals for the Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Middle District of Alabama...
; Judge Martin Leach-Cross Feldman
Martin Leach-Cross Feldman
Martin Leach-Cross Feldman is a United States federal judge on the United States District Court for the Eastern District of Louisiana. He was nominated by President Ronald Reagan on September 9, 1983, to a seat vacated by Jack M. Gordon. He was confirmed by the United States Senate on October 4,...
of the U.S. District Court for the Eastern District of Louisiana; Judge D. Brock Hornby of the United States District Court for the District of Maine
United States District Court for the District of Maine
The U.S. District Court for the District of Maine is the U.S. district court for the state of Maine. The District of Maine was one of the original thirteen district courts established by the Judiciary Act of 1789, even though Maine was not a separate state from Massachusetts until 1820...
; U.S. Bankruptcy Judge
United States bankruptcy court
United States bankruptcy courts are courts created under Article I of the United States Constitution. They function as units of the district courts and have subject-matter jurisdiction over bankruptcy cases. The federal district courts have original and exclusive jurisdiction over all cases arising...
Jerry Brown of the Eastern District of Louisiana
United States District Court for the Eastern District of Louisiana
The U.S. District Court for the Eastern District of Louisiana is a federal trial court based in New Orleans. Like all U.S...
; U.S. Magistrate Judge
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
Viktor V. Pohorelsky of the Eastern District of New York
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
; Justice Nora M. Manella
Nora Margaret Manella
Nora Margaret Manella is an associate justice of the California Court of Appeal.Manella was born in Los Angeles, California. Her father, Arthur Manella, was a well-known local tax lawyer and a founding partner of Irell & Manella....
of the California Court of Appeal; Professor Philip Frickey of the University of California at Berkeley School of Law; Ricki Tigert Helfer, former chair of the Federal Deposit Insurance Corporation
Federal Deposit Insurance Corporation
The Federal Deposit Insurance Corporation is a United States government corporation created by the Glass–Steagall Act of 1933. It provides deposit insurance, which guarantees the safety of deposits in member banks, currently up to $250,000 per depositor per bank. , the FDIC insures deposits at...
; Jack Weiss, Chancellor of Louisiana State University
Louisiana State University
Louisiana State University and Agricultural and Mechanical College, most often referred to as Louisiana State University, or LSU, is a public coeducational university located in Baton Rouge, Louisiana. The University was founded in 1853 in what is now known as Pineville, Louisiana, under the name...
Paul M. Hebert Law Center
Paul M. Hebert Law Center
The Paul M. Hebert Law Center is a law school in Baton Rouge, Louisiana, part of the Louisiana State University System and located on the main campus of Louisiana State University....
; Barry Sullivan
Barry Sullivan (lawyer)
Barry Sullivan is a Chicago lawyer and, as of July 1, 2009, the Cooney & Conway Chair in Advocacy at Loyola University Chicago School of Law. He is a former litigation partner at Jenner & Block LLP, where he was also a member of the Appellate and Supreme Court and the Labor and Employment...
, former dean of the Washington and Lee University School of Law
Washington and Lee University School of Law
The Washington and Lee University School of Law is a private American Bar Association-accredited law school located in Lexington in the Shenandoah Valley region of Virginia. Facilities are currently on the campus of Washington and Lee University in Sydney Lewis Hall...
; and Gail B. Agrawal, dean of the University of Iowa College of Law
University of Iowa College of Law
The University of Iowa College of Law is one of the eleven professional graduate schools at the University of Iowa, located in Iowa City, Iowa. Founded in 1865, it is the oldest law school in continuous operation west of the Mississippi River. The law school was ranked as the 27th best law school...
.
Upon his death, Wisdom left all of his writings, papers, and a variety of other personal effects, to Tulane University Law School
Tulane University Law School
Tulane University Law School is the law school of Tulane University. It is located on Tulane's Uptown campus in New Orleans, Louisiana. Established in 1847, it is the 12th oldest law school in the United States....
, which now displays them in the law school building, Weinmann Hall.
Wisdom is one of the subjects of the book Unlikely Heroes by Jack Bass, about the southern federal judges who helped implement the desegregation
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...
of the South. A full-length biography, Champion of Civil Rights: Judge John Minor Wisdom, was written by Professor Joel William Friedman of Tulane Law School, and was published in January 2009 by Louisiana State University Press
Louisiana State University Press
The Louisiana State University Press is a nonprofit book publisher and an academic unit of Louisiana State University. Founded in 1935, the press publishes scholarly, general interest, and regional books as part of the university’s mission to disseminate knowledge and culture...
.
Quote
"The ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
is both color blind and color conscious. To avoid conflict with the equal protection clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
, 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."
- - Wisdom, writing for the majority in U.S. v. Jefferson County Board of Education, 1967.
External links
- John Minor Wisdom U.S. Court of Appeals Building (PDF)
- Joel W. Friedman, Desegregating the South: John Minor Wisdom's Role in Enforcing Brown's Mandate, 78 Tul. L. Rev. 6 (2004).