Herbert Brownell Jr.

Herbert Brownell Jr.
Library of Congress · Public domain · source
Name	Herbert Brownell Jr.
Caption	Herbert Brownell Jr., 1955
Office	66th United States Attorney General
President	Dwight D. Eisenhower
Term start	January 21, 1953
Term end	November 8, 1957
Predecessor	James P. McGranery
Successor	William P. Rogers
Birth date	20 February 1904
Birth place	Peru, Nebraska, U.S.
Death date	1 May 1996
Death place	New York City, U.S.
Party	Republican
Education	University of Nebraska–Lincoln (BA), Yale University (LLB)
Spouse	Doris McCarter

Herbert Brownell Jr. was an American lawyer and politician who served as the Attorney General of the United States under President Dwight D. Eisenhower from 1953 to 1957. A key legal strategist for the Republican Party, he is most remembered for his significant role in advancing the federal government's involvement in civil rights, particularly in the passage of the first civil rights legislation since Reconstruction and in the legal battles surrounding school desegregation.

Early life and legal career

Herbert Brownell Jr. was born in Peru, Nebraska, and earned his undergraduate degree from the University of Nebraska–Lincoln. He then attended Yale Law School, graduating with a Bachelor of Laws in 1927. He moved to New York City and joined the prominent law firm Root, Clark, Buckner & Ballantine, which later became Dewey Ballantine. Brownell became deeply involved in Republican politics, serving as a campaign manager for Thomas E. Dewey in his unsuccessful presidential bids in 1944 and 1948. His political acumen and legal expertise led to his appointment as chairman of the Republican National Committee from 1944 to 1946, where he helped shape the party's post-war platform.

Appointment as Attorney General

In 1952, Brownell played a crucial role as a senior advisor to Dwight D. Eisenhower's presidential campaign. Following Eisenhower's victory, he was appointed Attorney General, taking office in January 1953. His appointment signaled a commitment to a more activist federal role in civil rights. Brownell quickly established the Justice Department's Civil Rights Division as a powerful entity, appointing progressive lawyers and directing resources toward enforcing civil rights laws. He also advised the president on judicial appointments, including the nomination of Earl Warren as Chief Justice of the United States in 1953, a decision with profound implications for civil rights jurisprudence.

Role in the Civil Rights Act of 1957

Brownell was the principal architect of the administration's civil rights legislation. He drafted the initial bill that, after significant political negotiation, became the Civil Rights Act of 1957. This was the first federal civil rights law passed since 1875. The act created the United States Commission on Civil Rights, established a Civil Rights Division within the Justice Department, and empowered the Attorney General to seek injunctions to protect voting rights. Although the final version was weakened by the Senate, notably through a compromise brokered by then-Senate Majority Leader Lyndon B. Johnson, Brownell's work established a critical legislative framework for future civil rights advancements.

Involvement with school desegregation

Following the landmark 1954 Supreme Court decision in Brown v. Board of Education, which declared state laws establishing segregated public schools unconstitutional, Brownell's Justice Department was tasked with developing the federal government's enforcement strategy. He filed amicus curiae briefs in the subsequent implementation case, Brown II (1955), arguing for prompt and effective desegregation. Brownell also directed the department to intervene in support of NAACP Legal Defense Fund lawsuits challenging segregation in school districts across the Southern United States, signaling the federal government's support for the ruling.

Advising on Little Rock Crisis

Brownell's tenure culminated in the Little Rock Crisis of 1957. When Orval Faubus, the Governor of Arkansas, used the Arkansas National Guard to block the desegregation of Little Rock Central High School, Brownell was a chief legal advisor to President Eisenhower. He helped draft the legal justification for federal intervention, citing the president's constitutional duty to enforce federal court orders. This advice led Eisenhower to federalize the Arkansas National Guard and deploy elements of the 101st Airborne Division to escort the African American students into the school. Brownell's legal arguments reinforced the supremacy of federal law and the judiciary in matters of civil rights.

Later life and legacy

Herbert Brownell Jr. resigned as Attorney General in November 1957 and returned to private law practice in New York City with the firm Lord, Day & Lord. He remained an influential figure in legal and Republican circles, serving on various corporate boards and continuing to offer counsel on public affairs. He received the Presidential Medal of Freedom in 1969. Brownell is historically regarded as one of the most impactful Attorneys General on civil rights. His legal strategies and the legislation he championing of 1957, and legacy|Attorney General of America|legacy of the Civil Rights Movement and civil rights movement|Attorney General of the United States|Attorney General of America|legacy|Attorney General of the United States|legacy of the Civil Rights Act of 1957 and the legacy of the Civil Rights Act of 1957 and the Little Rock Crisis and legacy of the United States|United States|legacy of the Civil Rights Act of 1957 and the Little Rock Crisis and legacy|Attorney General of Education and age|United States Attorney General|Attorney General|Attorney General|Attorney General|Attorney General of America|United States| and age|United States|United States|United States|United States|United States|Attorney General|Attorney General|Attorney General of Freedom|Attorney General|||||||||||Attorney General|Attorney General|Attorney General| and legacy|Attorney General|United States|United States|United States|United States|United States|Attorney General||United States|United States||United States||United States|Attorney General|United States|United States|United States|United States|United States|United States|United States|United States| and civil rights|Attorney General