Notable Items:
Core Objection to Brown: "But if the freedom of association is denied by segregation, integration forces an association upon those for whom it is unpleasant or repugnant." (34) [Those that wish not to associate may avoid public accomodations to whatever extent they wish. They may choose to attend private Christian Academies, dances at private clubs, drink at private clubs, refrain from public transportation, etc.]

"Given a situation where the state must practically choose between denying the association to those individuals who wish it or imposing it on those who would avoid it, is there a basis in neutral principles for holding that the Constitution demands that the claims for association should prevail? I should like to think there is, but I confess that I have not yet written the opinion. To write it is for me the challenge of the school-segregation cases. (34) [Desegregation ended forced separation. Christian Academies allow voluntary seperation. State duty to prevent coerced separation and allow voluntary separation in private activities.]

[Public accomodation is open to all members of the public. No legimate basis to exclude a law-abiding portion of the population when there is government action or funding (via appropriations or tax law).]

2023-09-11: Wechsler Toward Neutral Principles of Constitutional Law 1959

Response to Learned Hand's lectures The Bill of Rights

... that judicial review is clear from the duty that the Constitution imposes on state courts when faced with a Constitutional matter.
... that the authority of the Supreme Court, tasked with review of state court decisions on such matters, is no less.
... therefore, the Supreme Court is tasked with judicial review via its appelate jurisdiction.
"The courts have both the title and the duty when a case is properly before them to review the actions of the other branches in the light of constitutional provisions, even though the action involves value choices, as invariably action does." (19) The standard of review is principled decision making. In the text leading to this statement, both originalism (example: 4th amendment and freedom of speech or press page 18) and rejection of "history and tradition" (example: due process page 19)
A principled decision, in the sense I have in mind, is one that rests on reasons with respect to all the issues in the case, reasons that in their generality and their neutrality transcend any immediate result that is involved. (19) The court must provided reasoned explanation of its decisions. Its [enforced segregation] human and its constitutional dimensions lie entirely elsewhere, in the denial by the state of freedom to associate, a denial that impinges in the same way on any groups or races that may be involved. (34)

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