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John A. Payton (December 27, 1946 – March 22, 2012) was an
African-American African Americans (also referred to as Black Americans and Afro-Americans) are an Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life of ...
attorney Attorney may refer to: * Lawyer ** Attorney at law, in some jurisdictions * Attorney, one who has power of attorney * ''The Attorney'', a 2013 South Korean film See also * Attorney general, the principal legal officer of (or advisor to) a gove ...
. In 2008, he was appointed the sixth president and director-counsel of the
NAACP Legal Defense Fund The NAACP Legal Defense and Educational Fund, Inc. (NAACP LDF, the Legal Defense Fund, or LDF) is a leading United States civil rights organization and law firm based in New York City. LDF is wholly independent and separate from the NAACP. Altho ...
serving in that post until his death. Prior to this, he was a partner at the law firm
WilmerHale Wilmer Cutler Pickering Hale and Dorr LLP, also known as Hale & Dorr and WilmerHale, is an international law firm with offices in the United States, Europe and Asia. It is co-headquartered in Washington, D.C. and Boston. It was formed in 2004 thr ...
for 20 years. Payton was tapped to be the lead counsel for the
University of Michigan , mottoeng = "Arts, Knowledge, Truth" , former_names = Catholepistemiad, or University of Michigania (1817–1821) , budget = $10.3 billion (2021) , endowment = $17 billion (2021)As o ...
in defending its
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
undergraduate Undergraduate education is education conducted after secondary education and before postgraduate education. It typically includes all postsecondary programs up to the level of a bachelor's degree. For example, in the United States, an entry-lev ...
schools' use of race in their admissions processes. For more than six years, Payton handled the two high-profile cases in the trial court and in the court of appeals, and argued ''
Gratz v. Bollinger ''Gratz v. Bollinger'', 539 U.S. 244 (2003), was a United States Supreme Court of the United States, Supreme Court List of United States Supreme Court cases, case regarding the University of Michigan undergraduate affirmative action University and ...
'' before the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
.https://www.supremecourt.gov/oral_arguments/argument_transcripts/02-516.pdf IN THE SUPREME COURT OF THE UNITED STATES


Early life and education

Payton grew up in
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
, California, where he graduated from high school. He attended
Pomona College Pomona College ( ) is a private liberal arts college in Claremont, California. It was established in 1887 by a group of Congregationalists who wanted to recreate a "college of the New England type" in Southern California. In 1925, it became ...
in Claremont, California, where he became heavily involved in civil rights and anti-war protests. Payton was one of the founders of Pomona's Black Student Association. For three years, Payton served as an admissions officer at the
Claremont Colleges The Claremont Colleges (known colloquially as the 7Cs) are a consortium of seven private institutions of higher education located in Claremont, California, United States. They comprise five undergraduate colleges (the 5Cs)—Pomona College, Scr ...
, a position that he helped create to recruit black students. He graduated in 1973."A Conversation With D.C. Bar President John Payton"
DCBar.org. Accessed 28 July 2008
He left the admissions position after receiving a Watson fellowship, which allowed him to study literature in West Africa for a year and, while abroad, he applied to law school. After being accepted at and entering
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each class ...
, Payton worked on several civil rights cases and was a member of the editorial board for the '' Harvard Civil Rights and Civil Liberties Law Review''. He graduated from law school in 1977.


Early career

Following law school, Payton spent a year clerking for then-
U.S. District Court for the Northern District of California The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, Del ...
Judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
Cecil Poole. He then moved to
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
where he was recruited to Wilmer, Cutler & Pickering (now known as WilmerHale) by James Robertson. While at the firm, Payton worked on several important civil rights cases. He successfully defended the
NAACP The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&nb ...
against an
anti-trust Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
lawsuit brought by white merchants in
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
who had lost business in the wake of a 1966
desegregation Desegregation is the process of ending the separation of two groups, usually referring to races. Desegregation is typically measured by the index of dissimilarity, allowing researchers to determine whether desegregation efforts are having impact o ...
boycott A boycott is an act of nonviolent, voluntary abstention from a product, person, organization, or country as an expression of protest. It is usually for moral, social, political, or environmental reasons. The purpose of a boycott is to inflict som ...
. In ''
City of Richmond v. J.A. Croson Co. ''City of Richmond v. J.A. Croson Co.'', 488 U.S. 469 (1989), was a case in which the United States Supreme Court held that the minority set-aside program of Richmond, Virginia, which gave preference to minority business enterprises (MBE) in the ...
'', Payton unsuccessfully defended the city's set-aside affirmative action plan established to assist minority businesses in receiving city construction contracts. He argued the case in the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
where the Court narrowly ruled against the city and determined, for the first time, that all government uses of race - including affirmative action programs - would be subject to
strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...
.
Katie Gazella, The legal team: John Payton, The University Record Online, June 24, 2003. Accessed 28 July 2008.


D.C. corporation counsel and South Africa election observer

When Sharon Pratt Dixon was elected
mayor of Washington, D.C. The mayor of the District of Columbia is the head of the executive branch of the government of the District of Columbia, in the United States. The mayor has the duty to enforce district laws, and the power to either approve or veto bills passed ...
in 1991,
Vernon Jordan Vernon Eulion Jordan Jr. (August 15, 1935 – March 1, 2021) was an American business executive and civil rights attorney who worked for various civil rights movement organizations before becoming a close advisor to President Bill Clinton. Jor ...
tapped Payton to become the District's corporation counsel. As corporation counsel, he reorganized, centralized and streamlined the corporation counsel offices. Early in his term, Payton dealt with the aftermath of the Mount Pleasant riots and worked to improve Latino and police relations in the city. He also participated in balancing the city's budget in the face of a major crisis. In 1993, President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
nominated Payton to head the U.S. Department of Justice's Civil Rights Division. Following objections from the
Congressional Black Caucus The Congressional Black Caucus (CBC) is a caucus made up of most African-American members of the United States Congress. Representative Karen Bass from California chaired the caucus from 2019 to 2021; she was succeeded by Representative Joyce ...
and despite some prominent African-American support for Payton, Payton withdrew his name for consideration. In 1994 Payton left the D.C. Corporation Counsel office to join his wife, Gay McDougall, in
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
. Ms. McDougall was in South Africa working as a member of the Independent Electoral Commission, which ran South Africa's first democratic elections that year.
Nelson Mandela Nelson Rolihlahla Mandela (; ; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist who served as the President of South Africa, first president of South Africa from 1994 to 1 ...
was elected president. At the same time, Payton served on an international observer team that included lawyers from the
Lawyers' Committee for Civil Rights Under Law The Lawyers' Committee for Civil Rights Under Law, or simply the Lawyers' Committee, is a civil rights organization founded in 1963 at the request of President John F. Kennedy. At the time, Alabama Governor George Wallace had vowed to resist cou ...
. The couple remained in South Africa for several months before going back to D.C.


Return to private practice and the Michigan cases

Returning to Wilmer, Cutler & Pickering, Payton took on a civil practice that included representing corporations in employment matters, the
American Legacy Foundation Truth Initiative (formerly the American Legacy Foundation or Legacy) is a Nonprofit organization, nonprofit tobacco control organization "dedicated to achieving a culture where all youth and young adults reject tobacco." It was established in Mar ...
in its efforts to prevent youths from smoking, and
Fannie Mae The Federal National Mortgage Association (FNMA), commonly known as Fannie Mae, is a United States government-sponsored enterprise (GSE) and, since 1968, a publicly traded company. Founded in 1938 during the Great Depression as part of the N ...
in a major
class action A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class actio ...
challenge.
, Wilmerhale.com, Attorney Profile: John Payton. Access 28 July 2008
While still at the firm, Payton was tapped to be the lead counsel for the
University of Michigan , mottoeng = "Arts, Knowledge, Truth" , former_names = Catholepistemiad, or University of Michigania (1817–1821) , budget = $10.3 billion (2021) , endowment = $17 billion (2021)As o ...
in defending its
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
undergraduate Undergraduate education is education conducted after secondary education and before postgraduate education. It typically includes all postsecondary programs up to the level of a bachelor's degree. For example, in the United States, an entry-lev ...
schools' use of race in their admissions processes. For more than six years, Payton handled the two high-profile cases in the trial court and in the court of appeals, and argued ''
Gratz v. Bollinger ''Gratz v. Bollinger'', 539 U.S. 244 (2003), was a United States Supreme Court of the United States, Supreme Court List of United States Supreme Court cases, case regarding the University of Michigan undergraduate affirmative action University and ...
'' before the Supreme Court. He organized a broad coalition from higher education, the military and top businesses in support of diversity initiatives. In a narrow decision in ''
Grutter v. Bollinger ''Grutter v. Bollinger'', 539 U.S. 306 (2003), was a landmark case of the Supreme Court of the United States concerning affirmative action in student admissions. The Court held that a student admissions process that favors "underrepresented minor ...
'', the Supreme Court upheld the use of race in college admissions. Payton served as president of the
District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
Bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...
for one year in 2001. He also served as a visiting professor at Harvard Law School,
Georgetown University Georgetown University is a private university, private research university in the Georgetown (Washington, D.C.), Georgetown neighborhood of Washington, D.C. Founded by Bishop John Carroll (archbishop of Baltimore), John Carroll in 1789 as Georg ...
Law Center and
Howard University School of Law Howard University School of Law (Howard Law or HUSL) is the law school of Howard University, a private, federally chartered historically black research university in Washington, D.C. It is one of the oldest law schools in the country and the oldes ...
. He was repeatedly recognized by his peers and news outlets as one of the nation's top lawyers.


Director Counsel of LDF

In 2008, Payton was appointed the sixth director-counsel and president of the NAACP Legal Defense and Educational Fund, Inc. following in the footsteps of such civil rights giants as
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
and
Jack Greenberg Jack Greenberg (December 22, 1924 – October 12, 2016) was an American attorney and legal scholar. He was the Director-Counsel of the NAACP Legal Defense Fund from 1961 to 1984, succeeding Thurgood Marshall. He was involved in numerous crucial ...
., NAACPLDF.org, LDF Appoints Leading Civil Rights Attorney John Payton as Director-Counsel and President. Access 28 July 2008.


References


External links

* {{DEFAULTSORT:Payton, John A. 1946 births 2012 deaths African-American lawyers Wilmer Cutler Pickering Hale and Dorr partners American activists Harvard Law School alumni Pomona College alumni District of Columbia Attorneys General 20th-century American lawyers 20th-century African-American people 21st-century African-American people