Brown v. Board of Education:
"The Case of the Century"

Kansas Bar Association

Portrayers

The historic figures in "The Case of the Century" and the Kansas Bar Association members who portrayed them in the reenactment video are listed along with brief biographies and photographs.

Narrator - United States District Judge Julie A. Robinson

Julie A. Robinson A fourth generation Kansan, Julie Robinson is the first African American named to the U.S. District Court for the District of Kansas. Judge Robinson received her undergraduate and juris doctor degrees from the University of Kansas, where she later was an instructor in trial practice for the law school and president of its board of governors. After law school, Judge Robinson was a law clerk for U.S. Bankruptcy Judge Benjamin E. Franklin from 1981 to 1983. She then became an Assistant U.S. Attorney for 10 years, handling civil and criminal cases. When Judge Franklin died, Judge Robinson was appointed to fill his vacancy on the U.S. Bankruptcy Court for the District of Kansas, where she served for eight years. In 2001, President George W. Bush appointed Judge Robinson to the U.S. District Court for the District of Kansas. She now sits on the federal bench in Topeka. Judge Robinson is a Fellow of the American Bar Foundation and received the Distinguished Public Service Award from Baker University.

Chief Justice Fred M. Vinson portrayed by Kansas District Judge Fred S. Jackson (Ret.)

Fred W. Vinson was appointed Chief Justice of the Supreme Court at the age of 56 in 1946. Another Kentuckian, and a brilliant student, he was a star baseball player in college. He returned to his hometown to practice law after law school where he was modestly successful. He became active in politics and served in Congress where he grew in office and became highly respected. In 1937 Roosevelt appointed him a judge on the U. S. Court of Appeals for the District of Columbia, which is generally regarded as second only to the U. S. Supreme Court in importance. He then held a high position in the executive branch during World War II as director of the Office of Economic Stabilization. He then served in various other high level positions, including Secretary of the Treasury until his appointment as Chief Justice.

Fred S. Jackson Fred S. Jackson earned degrees from Washburn University and the Washburn University School of Law. Before his appointment in 1999 as Kansas Senior Judge, he served as Assistant County Attorney for Shawnee County, a United States Commissioner, adjunct professor at the Washburn University School of Law, Second Division District Judge, and as an attorney in private practice.

"The decision of the United States Supreme Court in the Brown case was perhaps the most important judicial decision of the Twentieth Century. It provided the impetus for the civil rights movement of the 1950s and 1960s and marks an important turning point in American history."

Attorney Robert L. Carter portrayed by Reggie Robinson, President, Kansas Board of Regents

Robert L. Carter Robert Lee Carter, like Marshall, attended Lincoln University in Pennsylvania and Howard Law School. He served as an officer in the Air Force during World War II and was 35 in 1952. He came to work for the Legal Defense Fund of the National Association for the Advancement of Colored People in 1944 and became a key aid to Marshall. He was a hard worker and a stickler for details, which allowed Marshall more freedom to travel to trouble spots while Carter tended to the basics in the national office.

Reggie Robinson Since October 2002, Reginald L. Robinson has served as president and CEO of the Kansas Board of Regents. Prior to this appointment, Robinson served jointly as chief of staff to University of Kansas Chancellor Robert Hemenway and as a visiting associate professor in the KU School of Law. He also served as an associate professor of law at KU from 1988-1993. Robinson worked for the Department of Justice in Washington, D.C. where he served as director of the Office for Victims of Crime and served as a White House fellow. Robinson holds degrees from the University of Kansas.

"The United States Supreme Court decision in Brown v. Board of Education is among the most pivotal decisions, court-issued or otherwise, in American history," Robinson said. "As we mark the 50th Anniversary of that landmark decision, the re-enactment of the argument that unfolded before the Court serves as an important reminder of what was at stake in that case. With its decision in Brown, the Court paved the way for the emergence of an America that began truly to live up to its powerful creed of equality. I am honored to have played a part in bringing that history to life through the re-enactment."

Justice Stanley F. Reed portrayed by Richard Ross, Kansas Appellate Courts Reporter of Decisions

Stanley F. Reed Stanley Reed was 68 years old in 1952. A native of Kentucky and a brilliant student, he became a successful lawyer and active in politics. He was asked by President Hoover to come to Washington D. C. to help deal with some of the severe economic problems caused by the Great Depression. Reed was named by Roosevelt, Hoover's successor, to the position of solicitor general. The solicitor general and his staff argue many cases for the U. S. government before the Supreme Court. Reed was named to the Supreme Court in 1938, where he served until 1957.

Richard Ross Richard Ross began kindergarten in Topeka in 1954--the same year as the release of the opinion in Brown v. Board of Education of Topeka. He attended the University of Copenhagen, Denmark, and received undergraduate and law degrees from Washburn University. Ross was appointed by chief Justice Harold R. Fatzer (who argued before the United States Supreme Court in the Brown litigation) as assistant Reporter of Decisions of the Kansas Supreme Court; one year later, he was appointed as Reporter of Decisions of the Kansas Appellate Courts (which then included the newly formed Kansas Court of Appeals), a position to which he has been reappointed by five subsequent Chief Justices. By happenstance, Richard's one other "film experience" involved a different civil rights-related event of national significance; he portrayed a juror in the NBC-TV mini-series "Cross of Fire" that depicted the downfall of the Ku Klux Klan's influence in the 1920s.

"As a Topekan who started school the year the first opinion in Brown v. Board of Education of Topeka was filed and as a parent of public school students affected by recent court decisions involving subsequent Brown litigation, I feel a close connection with one of the most far-reaching decisions ever to be made by the United State Supreme Court. I was honored to be asked to participate in the summarized re-creation of the eloquent and scholarly arguments made before the Court in Brown; it was fascinating to compare those arguments with the written opinion of the Court explaining why it reached its unanimous momentous desegregation decision."

Justice Harold H. Burton portrayed by Randy Hearrell, Executive Director of the Kansas Judicial Council

Harold H. Burton Harold Burton was 64 in 1952. A native of Massachusetts he excelled in sports and academics in college. He graduated from Harvard Law School and moved to Cleveland, Ohio, where he practiced law, taught at a local law school and became active in politics. He fought and was wounded in World War I. He was a popular Republican mayor of Cleveland and was elected to the U. S. Senate in 1940. He became well acquainted with Harry Truman, who was a U. S. Senator from Missouri at the time. Truman respected Burton as did Burton's other colleagues in the Senate. Truman's choice of him for the Supreme Court in 1945 was popular with both parties. He served until 1958.

Randy Hearrell Randy M. Hearrell, of Topeka, Kansas is the Executive Director of the Kansas Judicial Council. He is a 1970 graduate of the Washburn University School of Law.

"Like many other long-time residents of Topeka, I knew the family of some of the plaintiffs and since law school have met a number of persons who had some involvement in the Brown case. The case has been a part of life in the Topeka community since I was a child and I am pleased to participate in recognizing the 50th anniversary of this important decision."

Justice Felix Frankfurter portrayed by Judge Richard Greene, Kansas Court of Appeals

Felix Frankfurter was born in Vienna, Austria and was 70 years old in 1952. His parents immigrated to the U. S. when he was 12 years old. He quickly mastered the English language and was a brilliant student. After finishing Harvard Law School first in his class he went to New York City where he was one of the first Jews to be hired by a top rank New York law firm. He became an assistant U. S. Attorney and chief assistant to the Secretary of War in 1911. Frankfurter's reputation for brilliance lead to his becoming a Harvard Law School professor. He served in World War I and them embarked on an active academic and political life. He became a trusted advisor to President Roosevelt, who appointed him to the Supreme Court in 1939 where he served until 1962.

Richard Greene Richard D. Greene was born in Hermann, Missouri. He received degrees from the University of Missouri-Columbia and Southern Methodist University-Dallas. He was an attorney in private practice until his appointment in 2003 to the Kansas Court of Appeals.

"I was delighted to find that Frankfurter was very active in questioning counsel during the arguments, and many of his questions were important to a comprehensive understanding of the respective positions of the parties," Greene said. "My participation was quite enlightening, since I found that the arguments contrary to the position ultimately taken by the Court were really quite compelling, thus demonstrating the remarkable consensus achieved. I sat next to Justice Gernon, whose role required far less interaction with counsel, but Gernon came equipped with his personal copy of the book, Simple Justice, which I had read many years before. I hope that our video will help Kansans realize the important role Kansas played in the seminal case of the Civil Rights era."

Justice William O. Douglas portrayed by Justice Robert Gernon, Supreme Court of Kansas

William O. Douglas, a native of the state of Washington, was only 40 years old when he was appointed to the Supreme Court in 1939. He served for 36 years, longer than any other Supreme Court justice. Another brilliant student, he graduated from Columbia Law School second in his class, and practiced briefly as a Wall Street lawyer. He later became a law professor at Columbia and then at Yale. His reputation brought him a call from the Roosevelt administration to come to Washington where he became Chairman of the Securities and Exchange Commission. He served there until Roosevelt appointed him to the Supreme Court.

Robert Gernon Robert L. Gernon was born in Sabetha, Kansas. He held degrees from the University of Kansas and Washburn University School of Law. He was appointed to the Kansas Supreme Court in 2003 where he served until his death in 2005. Previously he served as judge of the 22nd District and on the Court of Appeals. Gernon was active in the Kansas Bar Association and the Kansas District Judge's Association. He was a frequent speaker at various professional programs. He served on the Supreme Court's Task Force on Permanency Planning, a board relating to juveniles who come in contact with the courts or a social service agency.

Assistant Kansas Attorney General Paul E. Wilson portrayed by Scott Raymond, Attorney, Kansas Court of Appeals

Paul E. Wilson Paul Wilson was a 36-year-old assistant attorney general for Kansas. Raised on a farm near Lyndon, Kansas south of Topeka, he had a bachelor's and master's degree in political science from Kansas University and a law degree from Washburn University in Topeka. He served in the Army during World War II and had been county attorney for Osage county as well as general counsel for the Kansas Department of Social Welfare prior to joining the attorney general's office. He would later become a law professor at the University of Kansas. Neither he nor the attorney general, Harold Fatzer, was enthusiastic about arguing the case.

Scott Raymond Scott Raymond is a native of Chicago, and grew up in Topeka. He received degrees from the University of Kansas and Washburn University School of Law. He currently is a research attorney with the Kansas Court of Appeals.

"Having the opportunity to reprise these crucial moments in American legal and social history, particularly in the company of some of the top legal minds in the state, was an immeasurable experience," Raymond said. "It was especially an honor and privilege to learn more about the late great Paul Wilson, who represented Washburn Law School and the entire profession more than admirably, not only in the Brown case, but throughout his career as a jurist and educator. I can only hope those studying Brown and its undying legacy will garner a fraction of the inspiration that I did from this reenactment."

Attorney Thurgood Marshall portrayed by Deryl Wynn, Attorney, McAnany, Van Cleave & Phillips, P.A.

Thurgood Marshall grew up in Maryland. He attended Lincoln College in Pennsylvania and Howard Law School in Washington D. C., partly because the law school at the University of Maryland did not admit blacks. Forth-four years old in 1952, Marshall had been a courageous and effective front-line fighter for civil rights since shortly after beginning his legal career. As a pioneering civil rights lawyer, he appeared fairly often before the U. S. Supreme Court, usually successfully. He later became the first black solicitor general of the United States and the first black U. S. Supreme Court justice. No other person did more to advance the legal rights of blacks through the courts. A skilled courtroom advocate, both at the trial and appellate levels, Marshall was also a warm human being with a zest for living and a great sense of humor. His success was partially due to his ability to rally people to fight for their rights in the courts and to explain complex legal ideas in ways that could be easily understood. He was a civil rights lawyer during times and in places where it was sometimes dangerous to be one.

Deryl W. Wynn is a shareholder in the law firm of McAnany, Van Cleave & Phillips, P.A. His practice emphasizes school/education law, not-for-profit law and labor/employment litigation. He holds degrees from Washburn School of Law and Emporia State University and was an adjunct instructor at St. Mary College where he taught Professional Ethics. He is a former army captain who served as Chief Trial Counsel for the United States Army Transportation Headquarters. Wynn is a national speaker in the areas of employment and school law. He is a member of the Oxford University Roundtable on Education Policy.

"The Brown decision marked a turning point in the history of the United States," Wynn said. "Here was the highest court in the land essentially saying that something was wrong with how Black Americans were being treated. And while it is true that the facts of the case centered around public education, the case was about much more than that. For many it was about a government approved marginalization of the Black community. I remember my father, who was a teenager at the time, saying the Decision made him feel like he was somebody. I cannot imagine what he and others may have felt like before the Decision. I wonder whether one can really imagine what it feels like to be nobody or to be less than and to have such notions reinforced by your government.

"I believe that Brown led many, Black and White alike, to pursue higher aspirations regarding race relations in our country. The Supreme Court Decision energized the Civil Rights movement and legitimized discussions about racial justice and the role that public education was to play in the advancement of the Black Community. The case introduced Thurgood Marshall as a role model for the country, not just for Blacks. On a personal level, Brown's real legacy is that it serves as a constant reminder that each child, each of us, is somebody."

Attorney John W. Davis portrayed by Justice Fred N. Six, Supreme Court of Kansas (Ret.)

John W. Davis was one of the most successful lawyers in America in the first half of the 20th century. Born in West Virginia, he served in the state legislature and was elected to Congress. President Wilson named him solicitor general where he argued sixty-seven cases before the Supreme Court in five years, winning forty-eight of them. He later served as ambassador to Great Britain and was the unsuccessful Democratic Party candidate for President in 1924. As a much sought-after Wall Street lawyer, he generally represented large corporations and appeared often before the Supreme Court. He was considered by many to be the best appellate advocate in the country. In Brown, he appeared for the state of South Carolina to defend their educational system. 80 years old at the time, but still vigorous and highly effective, the Brown case was his last Supreme Court appearance.

Justice Fred N. Six (ret.) Justice Fred N. Six served as justice for the Kansas Supreme Court from 1988 - 2003. Six previously served as judge for the Kansas Court of Appeals. He received degrees from the University of Kansas and the University of Virginia and was an attorney in private practice.

"I believe Brown to be the greatest American case of the 20th century," Six said. The case could not have come about except for a group of lawyers who had expertise representing the plaintiffs. Once Brown was decided the character of the Civil Rights movement changed, the Constitution was on the side of school integration. The case gave African Americans a basis for saying, we are not protesting, "we are asking for the law to be enforced."

Justice Robert H. Jackson portrayed by Judge Patrick McAnany, Kansas Court of Appeals

Robert H. Jackson grew up on a farm in New York and became a lawyer at age 21 in 1913. Although he had only one year of formal education after high school, he was a voracious reader of the classics, biographies and history. He is viewed as being one of the best writers to have served on the court. Jackson became very successful as a lawyer and was active in political and bar association activities. Franklin Roosevelt appointed Jackson as general counsel to the bureau of internal revenue. He then served in the Justice Department and in 1937 became solicitor general. He was appointed to the Supreme Court in 1941 and served until 1954.

Patrick McAnany was appointed to the Kansas Court of Appeals in 2003. He previously served as Chief Judge of Johnson County District Court. He spent 27 years practicing law (1968 - 1995). From 1995 - 2003, he served as a District Judge, including more than three years as Chief Judge. During his tenure as Chief Judge, he has adopted and implemented several programs including the Trial Court Performance Standards issued by the National Center for State Courts. He also developed a juvenile reading program for adult offenders.

"I was pleased and honored to play the role of the esteemed Justice Robert H. Jackson in this reenactment of oral arguments in the Brown vs. Board of Education case," McAnany said. "Justice Jackson entered the practice of law after completing high school and only one year of law school. He was the last member of the Supreme Court to have qualified for the bar by "reading law" in a law office rather than going to law school. He rose to the position of Solicitor General of the United States. He was appointed to the Supreme Court by President Franklin Roosevelt, and following World War II was appointed Chief Prosecutor at the Nuremberg where he prosecuted Herman Goering and other high Nazi officials. Jackson returned to the Supreme Court and participated in the original arguments in Brown in December, 1952. He suffered a serious heart attack at the end of the 1953 term. That did not deter his desire to see Brown v. Board of Education through to the end. He participated in the re-argument of Brown in December, 1953, and the court's decision was announced on May 17, 1954. Justice Jackson died in October, 1954. Brown was truly the capstone to Justice Jackson's long and distinguished legal career."

Chief Justice Earl Warren portrayed by Kansas District Judge James Macnish

Earl Warren was born in 1891 in California. An adequate but not outstanding student, he went through college and law school in California. Warren became district attorney of Alameda County, the Los Angeles area, in 1925. Warren soon developed a national reputation as a tough and incorruptible prosecutor. In 1938, Warren was elected state Attorney General after having been nominated by the Republican, Democratic and Progressive parties.

Warren was elected Governor of California in 1942 and became so popular with his many initiatives that he was nominated by both the Republicans and the Democrats for reelection in 1946. He was the unsuccessful Republican candidate for Vice President, running with Tom Dewey, in 1948. Warren supported Dwight D. Eisenhower for President in 1952. Eisenhower nominated him for Chief Justice after Fred Vinson died unexpectedly in September of that year. The Senate confirmed him quickly. He served until he retired in 1969. Many momentous legal changes were brought about by "The Warren Court."

James Martin Macnish James Martin Macnish serves as judge on the Kansas District Court Third Judicial District. Macnish was born in Richmond Heights, Missouri and holds degrees from Washington University. Macnish is a member of the Kansas Sentencing Commission, the Kansas District Judges Association, and the American Judicature Society.

Attorney Spotswood Robinson III portrayed by Judge Henry Green, Kansas Court of Appeals

Spotswood Robinson, courtesy of Howard University Spotswood W. Robinson III was Virginia native who graduated from Virginia Union University and Howard Law School. He worked with Thurgood Marshall at the Legal Defense Fund. During his career, in addition to private practice, he was a law professor and the dean of Howard Law School. He served on the U.S. Civil Rights Commission and was the first African-American to sit as a Federal District judge in the District of Columbia and on the Federal Court of Appeals for the District of Columbia, the court second only to the U.S. Supreme Court in importance.

Photo courtesy of Howard University.

Henry Green Henry W. Green Jr. was born in Leavenworth. He received degrees from Kansas State University and the University of Kansas Law School. He served as a member of the United States Panel of Bankruptcy Trustees for the District of Kansas. He is a lecturer and serves as pro bono counsel for the Buffalo Soldier Monument Committee. Judge Green is currently a member of the Kansas Board for the Discipline of Attorneys, a position he has held since 1992.

"Today, most students think putting an end to racial segregation was easy, or to borrow a favorite expression, 'a slam dunk.' Well, it wasn't. Segregation in public schools was assumed at the time to be a valid policy. It was supported by legal precedent. Enforcement of the Equal Protection Clause against racial segregation was limited by the 'separate but equal' doctrine laid down in Plessy v. Ferguson, decided in 1896. Plessy okayed racial segregation in situations when the facilities were equal. Moreover, segregation was supported by history, by tradition, and by the values in our culture. Kansas was no different in its attitude toward race than the rest of the country.

"Racial issues still divide us. If Brown teaches us anything at all, it is that the search for an equal and just society is ongoing. The search continues even today."

U. S. Assistant Attorney General J. Lee Rankin portrayed by Professor James Concannon, Washburn University School of Law

J. Lee Rankin had been a politically active Republican. That and his legal skills led to his being appointed an assistant United States Attorney General. He appeared in Brown as a friend of the court (amicus curiae) to argue that the U.S. Government agreed generally with the position taken by the plaintiffs, that school segregation should be ended by the court. Rankin later served as Solicitor General of the United States and as chief counsel of the Warren Commission on the assassination of President Kennedy. This was his first of many Supreme Court appearances.

(Photography courtesy of the J. Lee Rankin Archives, Schmid Law Library, College of Law, University of Nebraska.)

James Concannon James M. Concannon joined the faculty of Washburn Law School in 1973 and was Dean there from 1988 until 2001. He serves as a Kansas delegate to the National Conference of Commissioners on Uniform State Laws and is a member of the Pattern Instructions for Kansas Committee of the Kansas Judicial Council. In 1997 he received the Supreme Court of Kansas Award for Contributions to the Judiciary of Kansas and in 1983 and 2003 received the President's Outstanding Service Award from the Kansas Bar Association. He served as co-Reporter of the Kansas Citizens Justice Initiative. He was the second recipient of the senior class outstanding professor of the year award at the Law School.

"Washburn Law School graduates were active participants on all sides of Brown v. Board of Education at each stage of the case --- in the District Court as lawyers for plaintiffs who filed the case and for the school board who defended it there; as one of the judges on the three-judge District Court panel; and in the Supreme Court as counsel on the brief for Petitioners and as counsel presenting argument on behalf of the State," Concannon said. "I thus consider it a special privilege, as a former Dean of Washburn Law School, to participate in this recreation of the arguments."