Opening Day Prayer: Benefiting all of the people of Maryland

Speaker Adrienne Jones again asked me to offer the opening prayer on the opening day of the legislative session.

This is what I said.

Whether this is your first Opening Day or your 42nd, it is a special occasion.

To enter this State House, we walk past the statues of Thurgood Marshall; of two school children from Topeka, Kansas; and of Donald Gaines Murray.

Both Murray and Marshall graduated from Baltimore’s Frederick Douglass Senior High School.  Murray returned home from a small college in Massachusetts to seek admission to his state’s law school.

Marshall’s successful lawsuit on Murray’s behalf was the first step on the legal path of overturning the separate but equal doctrine.  The decision in Brown v. Board of Education was unanimous.

Last month, I had the privilege of speaking at the opening ceremony for the new Cross Country Elementary Middle School.  I was in the kindergarten class when the school first opened in 1955.  It was five blocks from the home where I grew up.

Monday night, I heard a colleague speak of the 11/2 mile walk she took home from school – hungry and without lunch.

Sunday afternoon, I swam at a pool that my father could not.

At dinner that evening in Little Italy, the restaurant owner told me of the sign outside the swim club when she was young.

It read: “Privileges of the Swimming Pool Are Extended Only to Approved Gentiles.”

We come here today from different ethnic and religious backgrounds, with different life experiences.

Whether it is your first session or your 42nd session, may we return home in April after benefiting all of the people of Maryland.

Way up South in Baltimore

Judge Ketanji Brown Jackson has been nominated to serve on the Supreme Court of the United States.

Several Republican members of the Senate Judiciary Committee hope to be nominated for President by the Republican Party.

Their questions for Judge Jackson were directed more to the Republican base than to her.

Thanks to Senator Ben Cardin, I attended an hour of Judge Jackson’s nomination hearing this afternoon.

When she was asked provocative questions about controversial legal issues or about issues that are very unlikely to come before the Supreme Court, such as critical race theory by Senator Cruz, her answers were very brief.

She seemed to find her voice when queried by Senator Amy Klobuchar.

Hearings for Supreme Court nominees were not always this way.

When Thurgood Marshall was nominated by President Lyndon Johnson to be the first Black on the Supreme Court, Senator James Eastland, chair of the Judiciary Committee and an arch segregationist, asked him, “Are you prejudiced against white people in the South?”

Justice Marshall responded, “Not at all. I was brought up, what I would say way up South in Baltimore.  I don’t know, with the possible exception of one person that I have any feeling about them.”

Thurgood Marshall’s client/Speaker Jones’ aunt

Margaret W. Rose, was denied the opportunity to attend high school in Baltimore County because of her race.

Her lawyer was Thurgood Marshall.

Maryland’s highest court ruled in 1937, “Admission to the white school could be required only upon a showing that the equality of treatment is not obtainable separately.”

Ms. Rose was the aunt of Speaker Adrienne Jones.

Speaker Jones spoke of her aunt’s case today at the rededication of the Marshall statue outside the State House.

That case was one of the first brought by future Justice Marshall on the legal path to Brown v. Board of Education, where he persuaded the Supreme Court to strike down the separate but equal standard.

The Speaker was too modest.

She could have added that a settlement of a lawsuit asserting that Maryland’s historically black colleges and universities are underfunded, in violation of the Brown decision,  was announced last month.

That lawsuit was filed in 2006.

What prompted the settlement was House Bill 1, Historically Black Colleges and Universities – Funding.

The sponsor of that bill was Speaker Jones.

Opening Day

It’s the first day of the legislative session.

We hope it will be a 90-day session, pandemic and vaccines willing.

My day consisted of the routine and hopefully the profound.

My first virtual bill hearing is Friday.  Under the new rules, I had to submit my testimony by 3:00 today.  I met the deadline.

My 41st District colleague, Dalya Attar, was named today to the Ways and Means Committee, which has jurisdiction over the Pimlico redevelopment plan.

We decided to meet tomorrow so that I could bring her up to date on the relevant issues.

And as has become the custom, I offered the prayer at the start of the session on Opening Day.

 

We are again welcomed to this historic State House by Thurgood Marshall and the students he represented in Brown v. Board of Education and Murray v. Pearson, which integrated the University of Maryland School of Law.

Since we last met, some words have new meanings.  Zoom, House Annex, Virtual Hearing.

Some phrases have not changed.  Propose, Persuade, Count to 71.  The Rule of Law.

Some issues have come to the forefront.  Our commitment to racial and economic justice.

As we work together to address these and other challenges in the days ahead, may we remain committed to the people who sent us here to make policy on their behalf.

Something in Common with the Thurgood Marshall statues

The statue of Thurgood Marshall will soon return to Lawyers Mall.

The mall is the gathering place for demonstrations in front of the State House in Annapolis.

For the last two years, it’s been torn up to replace the utility pipes underneath.

http://www.baltimoresun.com/politics/bs-md-pol-lawyers-mall-20201127-nloktrxrhbhmfcwgce4wmcce6u-story.html)

The statue of Thurgood Marshall in Lawyers Mall was Delegate Pete Rawlings’ idea.

As chairman of the Appropriations Committee, he did not need to introduce a bond bill.

He persuaded Governor Schaefer to create a commission to study the idea.

Marshall argued cases in the Court of Appeals building when it was adjacent to the site.

Several of his clients were appealing death sentences.

Another client, Donald Gaines Murray, won the case that integrated the University of Maryland Law School.

There is a statue of Murray on Lawyers Mall, as there is of the school children in Brown v. Board of Education, which Marshall had argued.

I met Murray when I worked at WJZ-TV and produced a show on the 25th anniversary of the Brown decision.

Murray and I had something in common.

We both graduated from Amherst College.

I am reminded of that every time I pass his statue, on my way to and from the State House.

A Unique Program and Astounding Legislation

Saturday morning, I heard about the torch carrying white supremacists and neo-Nazis who marched around a church, shouting a Nazi slogan.

I thought of Nazi Germany and the American South during the civil rights protests.

That afternoon, not yet aware of the loss of life in Charlottesville, I was campaigning and knocked on the door of an acquaintance in Mt. Washington.

I knew that he was one of the students who sued in 1952 to integrate Poly.  I knew one of his local attorneys, Marshall Levin.  I also knew that Thurgood Marshall had argued the case before the Baltimore City School Board.

As a loyal City alumnus, I had to ask why Poly, instead of City.

“The engineering program there was unique,” he replied.

“Did you meet with Marshall beforehand?” I asked.

“Yes, he met with the 14 plaintiffs one weekend.”

“What did he tell you?”

“Behave.  Everyone is watching you.”

Last night, while watching MSNBC, I learned about legislation providing that “a person driving an automobile while exercising due care is immune for civil liability for any injury to another if the injured person was participating in a demonstration or protest and blocking traffic.”

By a vote of 67-48, it passed the House of the North Carolina legislature this past May.      It awaits Senate action.

That such legislation would even be introduced is astounding.

I read Maryland’s hate crimes law.  A death resulting from a criminal act, in this instance vehicular homicide, could be a hate crime.

I emailed committee counsel for the House Judiciary Committee in Annapolis: “If there had not been a death when a car was driven into the crowd in Charlottesville this weekend, would that have constituted a violation of Maryland’s hate crimes law?”

She responded this morning: “Driving a car into a crowd under these circumstances, not involving a death, would be a separate felony” and punishable as a hate crime.

 

 

A different set of numbers on the death penalty

“The death penalty seems to be for Negroes alone,” Thurgood Marshall wrote to Roy Wilkins in the national office of the National Association for the Advancement of Colored People (NAACP), in a letter dated June 7, 1935.  As a young attorney in Baltimore, Marshall was defense counsel in several capital cases.

There were 16 executions in Maryland between 1930 and 1939 – 12 for murder and 4 for rape. All but two of the men executed were black.

Yesterday, Ben Jealous, the President and CEO of the NAACP, discussed repeal of the death penalty with Governor Martin O’Malley.

From press reports, their conversation centered on a different set of numbers – 24 in the Senate and 71 in the House.  Those are the minimum number of votes needed to pass a bill.

Our head count gives us the necessary votes to repeal the death penalty.  Now it’s time to verify.

The Marshall letter and 1930’s statistics are in Professor Larry Gibson’s Young Thurgood, a fascinating account of the future Justice’s early life and legal career in Baltimore.  I’m only a few chapters away from Marshall’s lawsuit that integrated the University of Maryland School of Law.  Some thirty years ago, I met the plaintiff in that case, Donald Gaines Murray. 

 

Civil Rights and Wrongs

             When Dr. Martin Luther King, Jr. marched, joining him in the front lines were Walter Reuther, head of the United Auto Workers, and Rabbi Abraham Joshua Heschel. 

              When Clarence Mitchell, Jr. lobbied the Congress to pass the Civil Rights Acts, he spoke on behalf of the Leadership Conference on Civil Rights, whose members include the disability and gay rights communities.

               When a lawyer for the ACLU, Ruth Bader Ginsburg, argued before the Supreme Court that the 14th Amendment’s Equal Protection Clause barred discrimination on the basis of a person’s gender, Justice Thurgood Marshall agreed. 

             When one of my colleagues argues during the floor debate that civil rights does not extend to gay rights and the Family Research Council praises the bill’s opponents for speaking out against “the attempted hijacking of the concept of civil rights,” they are dead wrong.

March 11

Just an innocent man

There are lots of reasons to oppose the death penalty. 

“Legislators, advocates, and lawyers spend an extraordinary amount of time and money on these cases.  Those resources would be far better spent on initiatives that would protect our citizens in their daily lives,” I began my remarks at a press conference announcing that a record number of members in both houses are co-sponsoring the repeal bill this year.

Then I spoke of the Thurgood Marshall statue adjacent to the State House, which honors his work desegregating the University of Maryland Law School and ultimately, Brown vs. the Board, the case that put an end to the legal fiction of separate but equal. 

“But Marshall also represented defendants in death penalty cases and knew well the racial biases permeating the death penalty.  That is still the case today,” I concluded. 

 Afterwards, I Googled to make sure my memory had served me correctly.  I found this in a law review article.

 Marshall was trial counsel for an African American man accused of raping a white woman. The prosecution offered a life sentence in exchange for a guilty plea. Marshall conveyed the offer to his client who exclaimed: “Plead guilty to what? Raping that woman? You gotta be kidding. I won’t do it.” Marshall later recounted: “That’s when I knew I had an innocent man.”

Marshall told that story to his fellow justices, concluding: “The guy was found guilty and sentenced to death. But he never raped that woman.” He paused, flicking his hand, and added: “Oh well, he was just a Negro.” In a tribute to Justice Marshall after his retirement, Justice Sandra Day O’Connor reflected that stories like these “would, by and by, perhaps change the way I see the world.”

February 10

  • My Key Issues:

  • Pimlico and The Preakness
  • Our Neighborhoods
  • Pre-Kindergarten
  • Lead Paint Poisoning