The "Fifth Circuit Four" (or simply "The Four") were four judges of the

United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...

who, during the late 1950s, became known for a series of decisions (which continued into the late 1960s) crucial in advancing the

civil and political 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 o ...

African American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ens ...

s; in this they were opposed by fellow Fifth Circuit judge Ben Cameron, a strong advocate of

states' rights In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the ...

. At that time, the Fifth Circuit included not only

Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...

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 ...

, and

Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...

(the limits of its jurisdiction since October 1, 1981), but also

Alabama (We dare defend our rights) , anthem = "Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,765 ...

Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...

, and the Panama Canal Zone. "The Four" were Chief Judge

Elbert Tuttle Elbert Parr Tuttle (July 17, 1897 – June 23, 1996) was the Chief United States circuit judge of the United States Court of Appeals for the Fifth Circuit from 1960 to 1967, when that court became known for a series of decisions crucial in advanc ...

and his three colleagues

John Minor Wisdom John Minor Wisdom (May 17, 1905 – May 15, 1999), one of the "Fifth Circuit Four", and a Republican from Louisiana, was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit during the 1950s and 1960s, when t ...

, John Robert Brown, and Richard Rives. All but Rives were

liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...

Republicans; Rives was a

Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (United States) (D) **Democratic ...

and, according to

Jack Bass Jack Bass is an American author and journalist. He was born in Columbia, South Carolina to Nathan and Esther (Cohen) Bass in 1934 and grew up in the town of North as the youngest of seven children. He graduated from the University of South Carol ...

, an intimate of Supreme Court justice Hugo Black.

Quote

"The

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...

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 Race, RACE or "The Race" may refer to: * Race (biology), an informal taxonomic classification within a species, generally within a sub-species * Race (human categorization), classification of humans into groups based on physical traits, and/or s ...

. 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." : - Judge John Minor Wisdom, writing for the majority in ''United States v. Jefferson County Board of Education'', 1966.

References

*Jack Bass,
The 'Fifth Circuit Four'
, ''The Nation'', May 3, 2004, p. 30-32. *Jack Bass, ''Unlikely Heroes: The Dramatic Story of the Southern Judges of the Fifth Circuit who Translated the Supreme Court's Brown Decision Into a Revolution for Equality'' (New York: Simon and Schuster, 1981), , .

Quote

References

See also