Eisenhower vs. Warren: The Battle for Civil Rights and Liberties

by James F. Simon

Overview

The epic 1950s battle that would shape the legal future of the civil rights movement is chronicled here for the first time.

The bitter feud between President Dwight D. Eisenhower and Chief Justice Earl Warren framed the tumultuous future of the modern civil rights movement. Eisenhower was a gradualist who wanted to coax white Americans in the South into eventually accepting integration, while Warren, author of the Supreme Court’s historic unanimous opinion in Brown v. Board of Education, demanded immediate action to dismantle the segregation of the public school system. In Eisenhower vs. Warren, two-time New York Times Notable Book author James F. Simon examines the years of strife between them that led Eisenhower to say that his biggest mistake as president was appointing that “dumb son of a bitch Earl Warren.” This momentous, poisonous relationship is presented here at last in one volume. Compellingly written, Eisenhower vs. Warren brings to vivid life the clash that continues to reverberate in political and constitutional debates today.

Product Details

ISBN-13:	9780871407665
Publisher:	Liveright Publishing Corporation
Publication date:	04/10/2018
Sold by:	Barnes & Noble
Format:	eBook
Pages:	464
File size:	13 MB
Note:	This product may take a few minutes to download.

About the Author

James F. Simon is dean emeritus at New York Law School. He is the author of nine books on American history, law, and politics, and has won the American Bar Association’s Silver Gavel Award. He lives in West Nyack, New York.

Table of Contents

Prologue xiii

Chapter 1 Man of the West 1

Chapter 2 Supreme Commander 23

Chapter 3 "Loyalty Comes First" 49

Chapter 4 Eyes on the White House 78

Chapter 5 "To My Mind, He Is a Statesman" 114

Chapter 6 A List of 205 Communists 149

Chapter 7 "This Is a Day That Will Live in Glory" 174

Chapter 8 "With All Deliberate Speed" 199

Chapter 9 Double-Crossing Ike 229

Chapter 10 Red Monday 261

Chapter 11 Little Rock 290

Chapter 12 The Egalitarian Revolution 325

Epilogue 364

Acknowledgments 387

Notes 389

Index 413

Editorial Reviews

03/01/2018
President Dwight Eisenhower (1890–1969) and Chief Supreme Court Justice Earl Warren (1891–1974), both moderate Republicans, served during an era of unprecedented economic growth and tumultuous social change, following World War II. Simon (emeritus, New York Law Sch.; FDR and Chief Justice Hughes) presents an insightful dual biography that reveals their achievements, frustrations, and complex relationship, which deteriorated soon after Eisenhower appointed Warren chief justice in 1953. Simon is at his best when describing how these once friendly men became alienated, as Eisenhower remained moored to his middle-of-the road politics, while Warren became leader of the Court's liberal faction, exasperated by Eisenhower's failure to move proactively on school desegregation. Meanwhile, Eisenhower was angered by Warren's use of the Supreme Court to resolve issues that the president felt should be decided by the legislature. Overall, both men are praised: Eisenhower for keeping the nation out of war and for supporting voting rights, and Warren for leading the judicial struggle for civil rights and individual liberties. VERDICT This compelling account of two giants of their time will find a wide audience among historians and informed general readers. See David Goldfield's The Gifted Generation for a view of Eisenhower as a stronger civil rights president.—Karl Helicher, formerly with Upper Merion Twp. Lib., King of Prussia, PA

Library Journal

02/05/2018
Simon (FDR and Chief Justice Hughes) uses twin biographies of Dwight D. Eisenhower and his Supreme Court chief justice Earl Warren to illuminate an often-overlooked period of legal history at the start of the civil rights movement. Simon’s major focus is the fallout between Eisenhower and Warren over the implementation of the court’s mandate to desegregate the country’s public school system following the unanimous ruling of Brown v. Board of Education. Despite his support for desegregating the armed forces and for civil rights in the context of federal employment, Eisenhower felt it best to integrate the schools at a pace acceptable to Southern senators and governors. Warren diametrically opposed this position; he held that the Constitution demanded that integration not be delayed. Simon is in top form, creating sympathetic portraits of both protagonists, capturing the historical context of Eisenhower’s presidency, thoroughly explaining the dynamics of the Warren Court, and, when necessary, looking past Eisenhower’s and Warren’s professed positions to expose their underlying motives and goals. This balanced account of the bitter relationship between Eisenhower and Warren presents a new lens through which to view the start of the civil rights movement. (Apr.)

Publishers Weekly

"The most thorough and balanced assessment of the two men’s fraught relationship yet written.... Simon is the ideal scholar to undertake this study, having made a career of examining conflicts between the presidency and the Supreme Court. As we anticipate an existential clash between Donald Trump and the justices—if Trump attempts to fire Special Counsel Robert Mueller, for instance, or defies an obstruction-of-justice finding—Simon’s book is highly topical. It also has something to teach us about incremental versus rapid change. The fundamental disagreement it chronicles concerns the pace of social progress."

Michael O'Donnell

"The two principals’ individuality, as well as their relationship to one another and to their associate justices, is skillfully and intelligently drawn. This is a cogently written book, especially given the complexity of many of the issues. Simon does great justice to an important segment of a critical period in American history."

Booklist

"James Simon delivers a provocative account of the complicated relationship between two 20th century giants, Dwight Eisenhower and Earl Warren, and their historic impact civil rights and liberties. Rigorously researched and well written, Simon’s book mines the latest research, answering many questions and raising new ones."

David Nichols

"Chief Justice Earl Warren was a bold moralist. President Dwight Eisenhower was a cautious pragmatist. Both men were, in their way and in their time, great leaders. With clear-eyed judiciousness and a subtle feel for the nuances of hard decision-making, James Simon has brought the compelling conflict between these two men to life."

Evan Thomas

"A lively and accessible synthesis of the existing literature on Eisenhower's and Warren's careers, as well as an incisive analysis of their relationship. Once again James Simon shows his facility for illuminating pairings of celebrated historical figures."

G. Edward White

"In Eisenhower v. Warren, James Simon offers a truly masterful telling of the complex relationship between two of the most influential and compelling figures in mid-twentieth century America. Exploring such fundamental issues as racial segregation and McCarthyism, Simon takes us beyond the scenes in the White House, the Congress, and the Supreme Court to reveal with extraordinary intimacy the conflicts, the compromises, and the sometimes shaped antagonisms that shaped one of the most pivotal periods in American history. Quite frankly, I couldn't put it down!"

Geoffrey Stone

"Many Americans, especially white ones, think of the 1950s with gauzy nostalgia….[Eisenhower vs Warren] offer[s] important corrections to such sentimentalism…. Mr. Simon is an engaging storyteller."

The Economist

"A vivid account….Gripping."

Wall Street Journal - Michael Barone

"A fast-paced and elegantly written study of the two Republican titans that forever changed post-World War II American politics and law. It's impossible to grapple with the Civil Rights movement of the 1950's and the 1960's without reading the gem-like book. Highly recommended!"

Douglas Brinkley

"James F. Simon’s parallel study of the lives of two remarkable figures in American history reminds us of a far different time in our nation. Eisenhower vs. Warren is a behind-the-public-scenes look at the post-World War II era of our nation when the battle for civil rights was fought in several venues…. Eisenhower vs. Warren reminds us of an era when Supreme Court justices owed their allegiance to the Constitution they interpreted, not the president or political party who nominated them."

Stuart Shiffman

"James F. Simon's important book could not be timelier. The lessons of the battle between President Eisenhower, the cautious pragmatist, and Chief Justice Warren, the principled constitutionalist, are as relevant today as they were more than fifty years ago. Simon's lucidly written, riveting account is an invaluable reminder of what is at stake when our civil rights and liberties are threatened. A major achievement."

Nadine Strossen

"A detailed, fine-grained study...As Simon skillfully demonstrates, Eisenhower was far from inert on the subject of racial reform… Warren, too, is written as intriguingly complicated."

Open Letters Review

"Enjoyably readable, thoroughly researched.... An absorbing book about a saga in American law and politics that remains centrally important."

Lincoln Caplan

2018-02-06
Two midcentury giants clash behind the scenes over civil liberties.How much can a political leader do to advance necessary social change in the face of entrenched resistance without provoking a challenge to the legitimacy of governmental institutions? Disagreement on this point soured the relations between Dwight D. Eisenhower and Earl Warren, both hugely popular public figures. In September 1953, Eisenhower appointed Warren, a three-term governor of California with no judicial experience, as chief justice of the United States. Warren went on to forge a surprisingly liberal legacy, to Eisenhower's chagrin. While the Warren-led court broke new constitutional ground in many areas, former New York Law School dean Simon (FDR and Chief Justice Hughes: The President, the Supreme Court, and the Epic Battle Over the New Deal, 2012, etc.) focuses primarily on judicial responses to the nascent civil rights movement and to the political hysteria of McCarthyism. Warren coaxed a unanimous opinion from a conservative court in Brown v. Board of Education, declaring "separate but equal" public schools unconstitutional. The ruling brought him into conflict with Eisenhower, who never endorsed it, in part because he entertained serious practical concerns about the enforceability of court orders desegregating schools in rabidly hostile parts of the South. On national security grounds, Eisenhower, along with much of the public, also privately rejected court decisions defeating government efforts to punish suspected communists. While respecting Eisenhower's viewpoint, the author generally sides with Warren in faulting the president's failure to provide clearer moral leadership in the civil rights struggle or to stand up to the bullying McCarthy. Simon frames these conflicts within a robust, detailed narrative, clearly presenting the political and cultural milieu within which these two principled pragmatists worked. The author's presentation of discussions among the court justices about the legal issues at stake is particularly illuminating.A well-written, salutary illustration of the principle that honorable men can disagree about the pace and the means of effecting social change.

Kirkus Reviews