Interview with Dr. Kenneth Clark
QUESTION 12
INTERVIEWER:

[unintelligible]

Dr. Kenneth Clark:

Well, some of the lawyers felt that the case should not be contaminated by psychological evidence of the lawyers in order to overcome the—that stick to the law. The, some other lawyers, particularly Robert Carter, who is presently a federal judge in New York, he argued that you couldn't overthrow by just sticking to the law. But in order to show damage and a violation of equal protection of the Fourteenth Amendment, you have to show that being segregated actually damaged the children. And according to Judge Carter, who was not a judge then, and others who were part of Marshall's, they said that you need it as evidence of the damaging effect of segregation on children. Well, that was up to them, I mean I couldn't play any part in their discussion, but Marshall made the decision—accepted it as part of these cases.