Interview with Herbert Brownell, Jr.
QUESTION 9
INTERVIEWER:

UM, DO YOU THINK THAT THE COURT DECISION WOULD HAVE COME DOWN THAT WAY WOULD HAVE COME DOWN IN FAVOR OF STRIKING DOWN THE BUSING DECISION ANYWAY OR DO YOU THINK IT WAS WARREN TURNED THE COURT.

Herbert Brownell, Jr.:

Well of course the court did not strike down Plessy in terms it avoided that subject and that caused a few enforcement problems afterward, but I think uh, most people feel that after the second argument in Brown, that the opinion on the court swung over care—toward the new unanimity in favor of declaring that segregation in public schools was unconstitutional, and many people give Chief Justice Warren credit for attaining that unanimity on the court. I don't believe that enough uh, time has gone by, enough memoirs have been written and enough notes have been published to say with certainty a, when exactly when the last holdouts in the Supreme Court changed over and joined the majority. I think the majority was there under Chief Justice Vincent. I'm quite sure that there was not, no unanimity, uh, at that time.