Courtroom will be used as an actual working courtroom, and it will also feature a civics learning center for the community to read the pleadings and learn about the Little Rock Nine.
Judge Kelly described how Judge Davies later said the law at issue in Cooper v. Aaron was not hard, and to him,“ all deliberate speed” meant“ go.” However, Judge Kelly reflected that Judge Davies’ contributions to the case cannot be understated. North Dakota is, and should be, very proud.
Dred Scott and the Weight of Precedent
About 100 years prior to Cooper v. Aaron, another notable United States Supreme Court decision came out of the Eighth Circuit. The case of Scott v. Sandford, 60 U. S. 393( 1857) has been described as one of the worst decisions issued by the Supreme Court. Dred Scott was a man living in St. Louis, and was enslaved by an army surgeon. The surgeon had taken Scott to a free territory. After returning to Missouri, Scott filed a freedom suit in state court under a Missouri law referred to as“ once free, always free.”
Judge Kelly traced Scott’ s path through a victory in state court to a reversal by the Missouri Supreme Court after political winds shifted. She then described how an attorney decided to take Scott’ s case pro bono and created a strategy for bringing an action in federal court. Because the enslaver now lived in New York and Scott remained in Missouri, the attorney filed a diversity action for battery and false imprisonment in the federal district court. The enslaver’ s attorneys filed a motion to dismiss, challenging the court’ s jurisdiction. The district judge denied the motion, and the case proceeded to trial on a stipulated record. Notably, the jury was instructed that the Missouri Supreme Court had already determined Scott was not free, and he lost his federal case. At the United States Supreme Court, the issue was recast as a jurisdictional one, and we all know how it turned out.
Similar to Cooper v. Aaron, the case of Scott v. Sanford has a landmark site at the Gateway Arch National Park in St. Louis. The park contains the Old Courthouse that has been refurbished and houses artifacts related to the case and Scott’ s life. The Old Courthouse is where the original freedom suit trial took place and not the federal trial. However, the Eighth Circuit Court of appeals held oral arguments there several years ago. Judge Kelly was on a panel of judges who heard arguments at the courthouse, and she described it as a moving experience.
“ I think everyone took a little bit of pause as we started those arguments,” Judge Kelly said.“ It really did feel like a timehonored spot to hold judicial proceedings.”
Reflections on History
Judge Kelly spoke about the value of precedent, and how it is bigger than looking back to see how issues have been handled. From a practical standpoint, having knowledge and perspective helps answer questions of clients and of judges. But from a societal standpoint, looking back at how the legal system has
progressed aids in the collective responsibility members of the legal profession have to inform and educate the public.
Judge Kelly referenced the institute Justice Sandra Day O’ Connor created after stepping off the bench. The institute focuses on three things: civics education, civil discourse, and civil engagement. Judge Kelly quoted Justice O’ Connor in saying,“ the practice of democracy is not passed down through the gene pool. It must be taught and learned by each generation.”
Judge Kelly noted she would say the same about the legal system – understanding how the legal system affects lives collectively and individually must be taught from generation to generation. Projects like the Era-Faithful Courtroom and the Old Courthouse accomplish this.
History has clarified the role lawyers play in the functioning of the judicial branch. Clients come to lawyers with issues, some that can be resolved quickly and some that are not as straightforward. While the Little Rock Nine were teenagers who wanted to go to school and Scott’ s lawyer was fighting for a family’ s freedom, the lawyers involved in those cases affected more than just their clients within the context of history.
Although being a lawyer is challenging, Judge Kelly noted lawyers are the citizens’ primary access to the judicial system, where some of the most consequential issues are resolved. Judge Kelly ended her presentation by stating the lawyer’ s role is a considerable responsibility, honor, and privilege. It is nothing new, but it is worth remembering.
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