May 15, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E961 on many fronts, ranging from secret, indefinite young black fifth-grade student named Linda as the Administration argued that the univer- detention without charges and denial of coun- Brown had to walk over a mile to get to her sity sets aside seats for minority applicants sel to ever-expanding efforts to spy on per- segregated elementary school. Her daily jour- and that there is a two-track system for re- sons for whom no reasonable suspicion of ney took her through a railroad switchyard to viewing applications. The Administration also criminal activity has been established. The At- get to her all-black. A white elementary school characterized the admissions program as one torney General tells us, in essence, that Amer- was only seven blocks away from Linda’s that uses a quota system based upon race. icans must choose between the liberties that home. Oliver Brown, Linda’s father, attempted Mr. Speaker, this simply is not true of affirma- have made our country great and a superficial to enroll her in the all-white elementary school, tive action programs. sense of security. He is wrong. but the principal of the school refused. The Administration’s position on affirmative In the post 9–11 world, millions of Ameri- Oliver Brown then turned to McKinley Bur- action illustrates that the civil rights of African- cans are deeply concerned about this current nett, the head of the Topeka branch of the Na- Americans, Hispanic-Americans, and all Amer- struggle between civil liberty claims and Gov- tional Association for the Advancement of Col- icans who believe in peace and equality are ernment claims of national security. The Gov- ored People (NAACP), and asked for help. under attack. ernment’s intense efforts to weaken the FISA The NAACP was eager to assist Oliver and On March 30, 2003 in Houston, Texas, law, that was birthed by the Keith case, have Linda Brown because they had long wanted to Members of the Congressional Black Caucus been a centerpiece of that debate. But the challenge segregation in public schools. With held a town hall meeting titled the ‘‘Call to Ac- FISA Court aftermath of Judge Keith’s 1970 Brown’s complaint, it had ‘‘the right plaintiff at tion: Summit to Stop the Attack on Affirmative opinion in the Keith case is not the only way the right time.’’ Soon, other black parents Action.’’ in which he has left his indelible mark on the joined Oliver and Linda Brown, and in 1951 As we discussed the status of affirmative current controversy. the NAACP filed an injunction that would for- action in America we reached several conclu- One of the starkest examples of this Attor- bid the segregation of Topeka’s public sions. We concluded that the civil rights and ney General’s disdain for the Bill of Rights schools. the fundamental human rights of all Americans came in the recent Haddad case. In a strongly The U.S. District Court for the District of are in peril. Our right to vote is under attack. worded, landmark opinion, Judge Keith, Kansas heard Brown’s case from June 25–26, Our very survival has been jeopardized by an speaking for the United States Sixth Circuit 1951. At the trial, the NAACP argued that seg- exclusionary and discriminatory health care Court of Appeals, flatly rejected the Attorney regated schools sent the message to black system. Our economic opportunity has been General’s claim that it could hold deportation children that they were inferior to whites. diminished by flawed federal policies that en- proceedings against Rabih Haddad in secret, Therefore, the schools were inherently un- rich the few, while millions of other Americans beyond the scrutiny of press and public. Once equal. face financial ruin. Our children’s future has against Judge Keith’s deeply-rooted concern The Board of Education’s defense was that, been endangered by educational policies that for the rule of law was offended. He offered a because segregation in Topeka and elsewhere starve our public schools and subject millions stern rebuke: pervaded many other aspects of life, seg- of American children, of every background, to Today, the Executive Branch seeks to take regated schools simply prepared black chil- the most damaging segregation of all: ‘‘the this safeguard away from the public by plac- dren for the segregation they would face dur- segregation of poverty.’’ ing its actions beyond public scrutiny * * * ing adulthood. The board also argued that Mr. Speaker, we have come a long way The Executive Branch seeks to uproot peo- segregated schools were not necessarily since Brown vs. Board of Education, and I am ple’s lives outside the public eye and behind proud to stand today and celebrate our ad- a closed door. harmful to black children; great African Ameri- cans such as Frederick Douglass, Booker T. vancements. I also stand today to encourage Then, with characteristically concise elo- Washington, and George Washington Carver every American to recognize that we still have quence, Judge Keith reminded the Department had overcome more than just segregated a long way to go. of Justice, in words headlined around the schools to achieve what they achieved. Be- f world, that ‘‘Democracies die behind closed cause of the precedent of Plessy v. Ferguson, doors.’’ A RESOLUTION HONORING JESSICA When he is not crafting judicial thunderbolts the court felt ‘‘compelled’’ to rule in favor of CAUTHON, LEGRAND SMITH from the bench, Judge Keith and his physician the Board of Education. Brown and the SCHOLARSHIP WINNER OF JACK- wife Rachel Boone Keith, delight in their three NAACP, led by the great Thurgood Marshall, SON, MI daughters, Gildea, Debbie and Cecile, and in appealed to the Supreme Court on October 1, their two granddaughters, Nia and Camara. All 1951. After several arguments over several HON. NICK SMITH those who know Damon Keith delight in him. years, on May 17, 1954, Chief Justice Earl OF MICHIGAN Mr. Speaker, like so many others whose Warren read the decision of the unanimous IN THE HOUSE OF REPRESENTATIVES Court: lives he has touched, I am proud to call Thursday, May 15, 2003 Damon Keith a mentor, a friend, and an inspi- We come then to the question presented: Mr. SMITH of Michigan. Mr. Speaker, let it ration. He is indeed a national treasure. Does segregation of children in public schools solely on the basis of race, even be known that it is with great respect for the f though the physical facilities and other outstanding record of excellence she has com- THE 49TH ANNIVERSARY OF THE ‘‘tangible’’ factors may be equal, deprive the piled in academics, leadership and community BROWN VS. BOARD OF EDU- children of the minority group of equal edu- service, that I am proud to salute Jessica cational opportunities? We believe that it Cauthon, winner of the 2003 LeGrand Smith CATION CASE does. We conclude that in the field of public education the doctrine of ‘‘separate Scholarship. This award is made to young HON. SHEILA JACKSON-LEE but equal’’ has no place. Separate edu- adults who have demonstrated that they are OF TEXAS cational facilities are inherently unequal. truly committed to playing important roles in IN THE HOUSE OF REPRESENTATIVES Therefore, we hold that the plaintiffs and our Nation’s future. others similarly situated for whom the ac- As a winner of the LeGrand Smith Scholar- Wednesday, May 14, 2003 tions have been brought are, by reason of the ship, Jessica is being honored for dem- Ms. JACKSON-LEE of Texas. Mr. Speaker, segregation complained of, deprived of the onstrating that same generosity of spirit, intel- I rise in celebration of the 49th Anniversary of equal protection of the laws guaranteed by ligence, responsible citizenship, and capacity the historic Brown vs. Board of Education of the Fourteenth Amendment. for human service that distinguished the late Topeka, Kansas case, which struck down the The Supreme Court struck down the ‘‘sepa- LeGrand Smith of Somerset, Michigan. doctrine of separate but equal in Plessy v. rate but equal’’ doctrine of Plessy for public Jessica is an exceptional student at Jackson Ferguson, and desegregated public schools education, ruled in favor of the plaintiffs, and High School, and possesses an outstanding across this great Nation. required the desegregation of schools across record of achievement in high school. Jessica In early 1950, racial segregation in public America. has received numerous awards for her excel- schools was the norm throughout the United Mr. Speaker, as we celebrate the anniver- lence in academics and athletics, as well as States. Although all the schools in a given dis- sary of Brown vs. Board of Education, we her volunteer activities with the Aware Shelter. trict were supposed to be equal, most black must not lose sight that civil rights are still Therefore, I am proud to join with her many schools were inferior to their white counter- under attack today. On April 1, 2003, I at- admirers in extending my highest praise and parts. tended the oral argument in the United States congratulations to Jessica Cauthon for her se- The situation was no different in Topeka, Supreme Court on the University of Michigan lection as winner of a LeGrand Smith Scholar- Kansas. In the early 1950s in Topeka, a affirmative action cases. I listened with disgust ship. This honor is a testament to the parents, VerDate Jan 31 2003 05:36 May 16, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MY8.051 E15PT1 E962 CONGRESSIONAL RECORD — Extensions of Remarks May 15, 2003 teachers, and others whose personal interest, CONGRATULATIONS TO THE The continued success of the Bisuteki Japa- strong support and active participation contrib- CALABASAS HIGH SCHOOL JAZZ nese Steakhouse is testament to the Sage uted to her success.