Julius Waties Waring
Encyclopedia
Julius Waties Waring was a United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....

. Waring was born in Charleston
Charleston, South Carolina
Charleston is the second largest city in the U.S. state of South Carolina. It was made the county seat of Charleston County in 1901 when Charleston County was founded. The city's original name was Charles Towne in 1670, and it moved to its present location from a location on the west bank of the...

, South Carolina, to Edward Perry Waring and Anna Thomasine Waties. He graduated second in his class with 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...

 from College of Charleston
College of Charleston
The College of Charleston is a public, sea-grant and space-grant university located in historic downtown Charleston, South Carolina, United States...

 in 1900. He married his first wife, Annie Waring, in 1913. Their only daughter was Anne Waring Warren, who died without children.

The descendent of Southern aristocrats and the son of a Confederate
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...

 veteran, Waring was an advocate of civil rights early in his career. After he divorced his first wife and married outspoken northern civil rights advocate Elizabeth Avery Waring in 1945, he quickly took up a radical position on civil rights issues that he maintained throughout the remainder of his career. At the age of 87, Waring died in office in New York, New York.

Legal career

Waring read law in 1901 and passed the South Carolina bar exam in 1902. He was in private practice of law in Charleston from 1902 to 1942 and an Assistant US Attorney in the Eastern District of South Carolina from 1914 to 1921. He served as the City Attorney for Charleston from 1933 to 1942. In 1938, he served as the campaign manager for Democratic Senator Ellison D. "Cotton Ed" Smith
Ellison D. Smith
Ellison DuRant "Cotton Ed" Smith was a Democratic Party politician from the U.S. state of South Carolina. He represented South Carolina in the United States Senate from 1909 until 1944....

.

Waring was nominated by President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...

 on December 18, 1941, to serve as a federal judge on the United States District Court for the Eastern District of South Carolina, a seat vacated by Frank K. Myers. 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 January 20, 1942, and received his commission on January 23, 1942. He served as chief judge from 1948 to 1952 and 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 February 15, 1952. As chief, Waring ended segregation seating in the courtroom and chose a black bailiff, John Fleming.

Brown vs. Board of Education

Judge Waring heard one of the five initial cases combined into the famous Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...

decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...

, Briggs v. Elliott
Briggs v. Elliott
Briggs et al. v. Elliott et al., , commonly Briggs v. Elliott, was the first of the five cases combined into Brown v. Board of Education , the famous case in which the U.S. Supreme Court officially overturned racial segregation in U.S. public schools...

. Briggs was the first filed of the five cases; it was argued on behalf of the NAACP by future Supreme Court Justice Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...

. Waring's dissent coined the phrase, "Separate educational facilities are inherently unequal," which was later adopted by the unanimous decision of the Supreme Court to reverse the lower court's ruling.

Sources

  • Great Love Affairs in History
  • Payne, Charles M.
    Charles M. Payne
    Charles M. Payne, Jr. is an American academic whose areas of study include civil rights activism, urban education reform, social inequality, and modern African-American history. He is currently the Chief Education Officer for Chicago Public Schools and was previously the Frank P...

      1997. I've Got the Light of Freedom. Berkeley: University of California Press.
  • University of South Carolina School of Law.
  • Yarbrough, Tinsley. 2001. A passion for justice: J. Waties Waring and civil rights. New York: Oxford University Press US.
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