Felix Frankfurter Quotes


The Fifteenth Amendment nullifies sophisticated as well as simple-minded modes of discrimination.


Citations

Felix Frankfurter, 1882-1965, U. S. Supreme Court Justice, Lane v. Wilson, 1939

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The case was Shelley v. Kraemer where the Supreme Court outlawed discriminatory restrictive covenants A restrictive covenant was a condition that was written into the deed on a piece of property. Even if the owner of the home did not want to discriminate, the previous owners who wrote the restrictive covenant into the deed (or his relatives and heirs) could sue and invalidate the sale. In many cases, insurance would not sell title insurance or banks would not give mortgages for a Black or a Jew where there was a covenant in the deed, even if the covenant was more than 100 years old. Homeowner associations would also enforce the covenants which were originally written into all the deeds of the development. Once the supreme court ruled that restrictive covenants were unconstitutional, no court would enforce any of these lawsuits. It was one of the fastest steps forward in the history of Civil Rights since the day after the court decision racists could no longer enforce the covenants that were in tens of millions of deeds in America.


Southerners and some others wanted to discriminate and fought civil rights legislation. The excuse they gave for opposition was that the Federal Government was usurping the power of the states to determine what civil rights people of the state would have. Shellabarger made it clear that the civil rights bill would not require ANY rights to be given. It just required that if the states granted rights, they could not discriminate by race as to those rights. But the states were free to decide which rights all citizens of the state would have. See {623473} .


In the 1930s African Americans who traveled were subject to countless humiliations whenever the sought hotels, rooming houses, restaurants and other accommodations. Gas stations would not allow them to use bathrooms and they were reduced to using open fields. Traveling and vacationing was, for Blacks, humiliating. Wikipedia: “Green reviewed hotels and restaurants that did business with African Americans during the time of Jim Crow laws and racial segregation in the United States. He printed 15,000 copies each year. In the 1930s, Green began his work by compiling data on stores in the New York area that accepted black travelers, and published his first guide in 1936. Similar guides had been published for Jewish travelers, who sometimes faced discrimination. Green's guide was so popular that he immediately began to expand its coverage the next year to other US destinations, adding hotel and restaurants as well.”


Felix Frankfurter
Felix Frankfurter
  • Born: November 15, 1882
  • Died: February 22, 1965
  • Nationality: American
  • Profession: Judge

Felix Frankfurter was an American lawyer, professor, and jurist who served as an Associate Justice of the Supreme Court of the United States. Frankfurter served on the Supreme Court from 1939 to 1962 and was a noted advocate of judicial restraint in the judgments of the Court.