Interview with Judge Robert Carter
QUESTION 13
INTERVIEWER:

NOW, COULD YOU TALK ABOUT AT WHAT POINT YOU BEGAN TO THINK THIS MIGHT ACTUALLY BE IT, YOU MIGHT—WINNING FINALLY. WAS IT AFTER THE FIRST ARGUMENT, AFTER THE CHANGE IN CHIEF JUSTICES, AFTER THE SECOND ARGUMENT, EVER?

Judge Robert Carter:

Oh, I thought, quite frankly, I—there wasn't any question in my mind, I don't think in Thurgood's mind, that we had to win, couldn't possibly lose that case. We'd just come out of a war, and we were fighting for democracy. We were involved in foreign policy, and attacking societies that were keeping people deprived. We were fighting totalitarianism and so forth. And it seemed to me, or almost to all of us, that we couldn't lose. The issue was how big the victory was going to be. Was it going to be a narrow one or a big one? And that's how we, that's how we all looked at it.