April 13, 1999 EXTENSIONS OF REMARKS 6393 must continue to increase funding to reach the ican Legal Process’’ and ‘‘Shades of Free- misconstrued as a respectable replacement 40% of the average pupil expenditure funding dom.’’ for Thurgood Marshall who was a bonafide level mandated in law. Without these federal I first met Judge Higginbotham when he representative of the hopes, dreams and aspi- IDEA funds, local school districts must cover was supporting Senator John F. Kennedy in rations of black Americans. In this under- the unpaid federal share. his campaign for President. In the past twenty taking, Judge Leon Higginbotham wrote to President Clinton proposes to level fund years we developed a closer friendship, ex- Clarence Thomas upon His confirmation to the IDEA for FY2000. Considering that the num- changing telephone calls and letters. I admired Supreme Court. Higginbotham documented ber of children with disabilities is projected to and respected the Judge for his intellectual the legal struggles that had abolished impedi- increase by 123,000 from 1999 to 2000, the prowess and his untiring commitment to civil ments to the freedom of black people and President’s budget request actually cuts fund- rights. enunciated the underlying personal values and ing for children with disabilities from $702 per At the time of his death last December, courage which guided those who led these child in FY1999 to $688 per child in FY2000. Judge Higginbotham was a retired Chief battles. In this letter, Higginbotham challenged Congress must ensure that the Federal gov- Judge Emeritus of the United States Court of Thomas to recall, to understand and to emu- ernment lives up to the promises it made to Appeals, the Public Service Professor of Juris- late the lives of those great gladiators who the students, parents, and schools over two prudence at the John F. Kennedy School of changed the course of history. In this open let- decades ago. We must fully fund IDEA before Government at Harvard, and Counsel to the ter, Higginbotham cited the damage done to Washington creates new education programs. law firm of Paul, Weiss, Rifkind, Wharton & the cause of black America and the crisis in Once the Federal government begins to pay Garrison in New York. During his life, Judge race relations spurred by Judge Thomas’ con- its fair share under IDEA, local funds will be Higginbotham received numerous honors in- firmation. Excerpts from this letter provide the freed up, allowing local schools to hire and cluding the Presidential Medal of Freedom the details of his message: train high-quality teachers, reduce class size, National Human Relations Award of the Na- At first I thought that I should write you build and renovate classrooms, and invest in tional Conference of Christians and Jews, the privately—the way one normally corresponds technology. National Urban Award for outstanding con- with a colleague or friend. I still feel ambiv- alent about making this letter public, but I The resolution I introduce today urges Con- tributions towards the goal of equal oppor- tunity, the 81st NAACP Spingarn Medal for the do so because your appointment is pro- gress to fully fund IDEA while maintaining its foundly important to this country and the commitment to existing federal education pro- highest and noblest achievement by an Afri- can-American, and the 1994 recipient of the world, and because all Americans need to un- grams. We can both ensure that children with derstand the issues you will face on the Su- disabilities receive a free and appropriate pub- Congressional Black Caucus’ Leland Humani- preme Court. In short, Justice Thomas, I lic education and ensure that all children have tarian Award. write this letter as a public record so that In 1996, Higginbotham became an advisor the best education possible if we just provide this generation can understand the chal- to Texaco, Inc. after the company agreed to a fair federal funding for special education. lenges you face as an Associate Justice to $176 million settlement of a race-discrimina- the Supreme Court, and the next generation I urge everyone to support this important tion case. There he initiated a formal evalua- can evaluate the choices you have made or resolution. Congress must fulfill its commit- tion of the company’s human resource policies will make. ment to assist States and localities with edu- and diversity practices in an effort to make By elevating you to the Supreme Court, cating children with disabilities. President Bush has suddenly vested in you Texaco an industry model for its hiring and f the option to preserve or dilute the gains promotion of black employees. In an interview this country has made in the struggle for TRIBUTE TO JUDGE A. LEON that year with the St. Louis Post-Diatch, Judge equality. This is a grave responsibility in- HIGGINBOTHAM Higginbotham was described as seeing ‘‘the deed. And while much has been said future of race relations with an equal mixture about your admirable determination to over- HON. WILLIAM (BILL) CLAY of optimism and pessimism.’’ Leon come terrible obstacles, it is also important Higginbotham knew and understood the ter- to remember how you arrived where you are OF MISSOURI rible history of racial discrimination in the jus- now, because you did not get there by your- IN THE HOUSE OF REPRESENTATIVES self. tice system. He knew that this history could You can become an exemplar of fairness Tuesday, April 13, 1999 never be forgotten if black Americans ever and the rational interpretation of the Con- Mr. CLAY Mr. Speaker, It is my honor to hope to achieve equal justice under law. For stitution, or you can become an archetype of rise in tribute to the late A. Leon this reason, Judge Higginbotham shared my inequality and the retrogressive evaluation Higginbotham, Jr. He was a great American dismay when former President George Bush of human rights. The choice as to whether you will build a decisional record of true and a great friend. Higginbotham was a man presented Clarence Thomas as his choice to replace justice Thurgood Marshall as Asso- greatness or of mere mediocrity is yours. who excelled in many disciplines. He was a Black Ivy League alumni [Higginbotham scholar, a writer, a lawyer, a judge and espe- ciate Supreme Court Justice. On that day, and Thomas finished Yale] in particular cially a humanitarian. independent-minded women were appalled, should never be too impressed by the edu- Leon Higginbotham studied engineering a knowledgeable black Americans were out- cational pedigrees of Supreme Court Jus- Purdue University, continued his education at raged and advocates for the poor abandoned tices. The most wretched decision ever ren- Antioch College and received a LL.B. from their hopes. Then, the disastrous day came dered against black people in the past cen- when the U.S. Senate confirmed Clarence tury was Plessy v. Ferguson. It was written Yale University in 1952. Eighteen years later, in 1896 by Justice Henry Billings Brown who he became the first black elected trustee of Thomas’ appointment and the waves of de- spair washed over millions who had fought, attended both Yale and Harvard law schools. Yale after defeating five other distinguished The opinion was joined by Justice George alumni in a nationwide ballot sacrificed, and suffered to overcome centuries Shiras, a graduate of Yale Law School, as In 1963, President Kennedy nominated A. of discrimination and to achieve respect and well as by Chief Justice Melville Fuller and Leon Higginbotham, Jr. for the U.S District quality. In Black America, six months after Justice Horace Gray, both alumni of Harvard Court of Eastern Pennsylvania. However, Sen- Thomas’ appointment the attitude and senti- Law School. If those four Ivy League alumni on the Su- ator James Eastland of Mississippi blocked his ment toward him as a person was reflected in the words of Judge Higginbotham who wrote: preme Court in 1896 had been as faithful in confirmation by the Senate. After Kennedys their interpretation of the Constitution as Suppose someone wanted to steal back assassination, President Johnson nominated Justice John Harlan, a graduate of Transyl- past achievements, reign in the present gains Higginbotham, and in 1964 appointed him to a vania, a small law school in Kentucky, then and cutoff future expectations among Afri- the venal precedent of Plessy v. Ferguson, seat on the U.S. District Court of Eastern can-Americans about participation in the which established the federal ‘‘separate but Pennsylvania. In 1977, Judge Higginbotham Judicial process. that person would have equal’’ doctrine and legitimized the worst was elevated to the 3rd US Circuit Court of found it difficult to devise a better plan than forms of race discrimination, would not have Appeals. He served as the Chief Judge of the nominating Clarence Thomas to the Su- been the law of our nation for sixty years. preme Court which decreasing the number of Appeals Court from 1990 to 1993. His cele- The separate but equal doctrine; also known African-Americans on the federal bench. brated career was filled with judicial accom- as Jim Crow, created the foundations of sep- plishments. He was the author of more than Mr. Speaker. Judge Higginbotham was de- arate and unequal allocation of resources, 600 published opinions and books, including voted to educating this nation about the perils and oppression of the human rights of ‘‘In the Matter of Race: Race and the Amer- of one black man, Clarence Thomas, being blacks. VerDate jul 14 2003 09:29 Sep 29, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0689 Sfmt 0634 E:\BR99\E13AP9.000 E13AP9 6394 EXTENSIONS OF REMARKS April 13, 1999 The tragedy with Plessy v.