< More Exhibits

Dwight D. Eisenhower and the Supreme Court

During his time in office, Dwight Eisenhower appointed five justices to the Supreme Court. Also during his presidency, the Court declared racial segregation in public schools to be unconstitutional in Brown v. Board of Education.

The "Warren Court"

The United States Supreme Court during Dwight Eisenhower's presidency is often called the "Warren Court" because of the major impact on the Court of Chief Justice Earl Warren, appointed by Eisenhower in September 1953. Under Chief Justice Warren, the Supreme Court issued rulings which facilitated major changes in American society, particularly in the area of race relations. The unanimous decision by the Court declaring racial segregation in public schools in the United States to be unconstitutional in Brown v. Board of Education (May 17, 1954)-followed by a second Brown decision a year later-set forces in motion that are still being felt today.


Five Appointments to the Court

Eisenhower appointed five justices to the Supreme Court. Four of the five served lengthy terms and played significant roles in pivotal court decisions and, in addition to Warren, two of the appointees, John Harlan and William Brennan, are generally considered to be among the more influential justices in recent Supreme Court history.

Dwight Eisenhower took judicial appointments seriously, regardless of the level of the court, and insisted that prospective appointees meet rigorous tests based on experience and competence. To understand Eisenhower's views of the Supreme Court and particularly the Supreme Court's decisions concerning school desegregation, it is necessary to examine his appointments to subordinate federal courts as well as those to the Supreme Court itself. These federal circuit courts played crucial roles in implementing the Brown decisions.


More of a "States Righter" than the Supreme Court

The President did, on occasion, privately express dismay at Supreme Court decisions. For example, when the Court upheld a lower court decision sustaining the Montgomery bus boycott, Eisenhower commented that in some of these things he was more of a "States Righter" than the Supreme Court. He feared that negative reactions to Court decisions in parts of the country would set back progress in race relations. A number of Supreme Court decisions involving loyalty-security issues and criminal rights agitated Eisenhower and may have adversely influenced his view of the Warren Court.

Eisenhower's actions and public statements concerning Supreme Court and other federal court decisions should, however, be noted. Two days after the Brown v. Board decision, Eisenhower stated: "The Supreme Court has spoken and I am sworn to uphold the constitutional processes in this country; and I will obey." In September 1957, when the Governor of Arkansas directly challenged a desegregation order issued by a United States district court, Eisenhower responded by sending federal troops to Little Rock, Arkansas, to enforce the court order and issuing a proclamation in which he pledged: "I will use the full power of the United States including whatever force may be necessary to prevent any obstruction of the law and to carry out the orders of the Federal Court."


Eisenhower's Legacy in the Court

Whatever private reservations he may have had about various Court decisions, Eisenhower viewed Supreme Court decisions as part of the law of the land which must be obeyed to avoid anarchy. Eisenhower's appointments to the Supreme Court and many federal courts were, for the most part, quite competent judges. The President enforced a federal court order when challenged at Little Rock. Consequently, the Eisenhower Administration passed on to its successors a legacy of judicial professionalism which expanded civil rights and civil liberties for Americans.