A “Transient Majority?” Responding to Chief Justice Rehnquist’s “Random Thought on the Segregation Cases” in Light of SFFA v. U. North Carolina
Juliana Peluso, JD Anticipated May 2024, Law & Public Policy Scholar In 1952, former Supreme Court Chief Justice William H. Rehnquist—then a law clerk to Justice Robert H. Jackson—prepared a memorandum titled “A Random Thought on the Segregation Cases” in anticipation of the Court’s deliberation on school segregation in Brown v. Board of Education. In it, then-clerk Rehnquist rejected the federal judiciary’s involvement in “emotionally charged subject matter,” particularly with regard to issues entailing “relations between the individual and the …