Chief Justice Roberts has used imagery of a courthouse from the Civil Rights era to argue that modern judges facing criticism are facing similar challenges. Legal scholar Dahlia Lithwick critiques this comparison, arguing it is ahistorical and a way for conservative judges to deflect criticism by invoking the legacy of the Civil Rights Movement.
Roberts ’ use of a photograph of the J. Waties Waring Judicial Center in Charleston, South Carolina, is part of his effort to claim the stories of heroic judges who battled Jim Crow in the civil rights era as allegories for judges facing legitimate critiques today. Modern jurists whose extreme decisions draw public rebuke, the chief justice implied, face the same misbegotten or even dangerous criticism as those who fought against segregation.
Dahlia Lithwick discusses this cynical use of Civil Rights history to deflect criticism. She compares Roberts' stance to Judge Edith Jones' attempt to draw parallels between herself and Judge William Wayne Justice. Lithwick argues that this comparison is ahistorical and untrue, stemming from a traumatic response to the heroism of the Civil Rights Movement and the work of those who fought for equality
Civil Rights Judicial Criticism Conservative Judges History Roberts
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