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NAACP Legal Defense and Educational Fund

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NAACP Legal Defense and Educational Fund, Inc.
AbbreviationLDF
FormationFebruary 12, 1940 (1940-02-12)
TypeNon-profit organization
PurposeLDF seeks structural changes to expand democracy, eliminate disparities, and achieve racial justice in a society that fulfills the promise of equality for all Americans.[1]
Headquarters40 Rector Street, 5th floor New York City, New York, 10006 U.S.
Region served
United States
President and Director-Counsel
Janai Nelson
Websitewww.naacpldf.org

The NAACP Legal Defense and Educational Fund, Inc. (NAACP LDF, the Legal Defense Fund, or LDF) is a leading United States civil rights organization and law firm based in New York City.

LDF is wholly independent and separate from the NAACP.[2] Although LDF can trace its origins to the legal department of the NAACP created by Charles Hamilton Houston in the 1930s,[3][4] Thurgood Marshall founded LDF as a separate legal entity in 1940 and LDF became totally independent from the NAACP in 1957.[2]

Janai Nelson currently serves as the eighth President and Director-Counsel, since March 2022.[5] Previous Director-Counsels include Sherrilyn Ifill (2012-2022), John Payton (2008–2012), Ted Shaw (2004–2008), Elaine Jones (1993–2004), Julius Levonne Chambers (1984–1993), Jack Greenberg (1961–1984), and founder Thurgood Marshall (1940–1961).[6]

About

While primarily focused on the civil rights of African Americans in the U.S., LDF states it has "been instrumental in the formation of similar organizations that have replicated its organizational model in order to promote equality for Asian-Americans, Latinos, and women in the United States." LDF has also been involved in "the campaign for human rights throughout the world, including in South Africa, Canada, Brazil, and elsewhere."[2]

LDF's national office is in Manhattan, with regional offices in Washington, D.C. LDF has nearly two dozen staff lawyers and hundreds of cooperating attorneys across the nation.[2]

Areas of activity

  • Litigation
  • Advocacy
  • Educational outreach
  • Policy research and monitoring legislation
  • Coalition-building
  • Provides scholarships for exceptional African-American students.

Areas of concern

Creation and separation from the NAACP

The board of directors of the NAACP created the Legal Defense Fund in 1940 specifically for tax purposes.[7] In 1957, LDF was completely separated from the NAACP and given its own independent board and staff.[7] Although LDF was originally meant to operate in accordance with NAACP policy, after 1961, serious disputes emerged between the two organizations. These disputes ultimately led the NAACP to create its own internal legal department while LDF continued to operate and score significant legal victories as an independent organization.[4][8]

At times, this separation has created considerable confusion in the eyes and minds of the public.[8] In the 1980s, the NAACP unsuccessfully sued LDF for trademark infringement.[4] In its ruling rejecting the NAACP's lawsuit, the U.S. Court of Appeals for the D.C. Circuit recognized that the "universal esteem in which the [NAACP] initials are held is due in significant measure to [LDF's] distinguished record as a civil rights litigator" and that the NAACP has "benefitted from the added luster given to the NAACP initials by the LDF's litigation successes."[4]

Well-known cases

Probably the most famous case in the history of LDF was Brown v. Board of Education, the landmark case in 1954 in which the United States Supreme Court explicitly outlawed de jure racial segregation of public education facilities. During the civil rights protests of the 1960s, LDF represented "the legal arm of the civil rights movement" and provided counsel for Dr. Martin Luther King Jr., among others.[2]

1930s

  • 1935 Murray v. Pearson, removed unconstitutional color bar from the University of Maryland School of Law admission policy. (Managed by Thurgood Marshall for the NAACP before the formal foundation of LDF.)
  • 1938: Missouri ex rel. Gaines v. Canada, invalidated state laws that denied African-American students access to all-white state graduate schools when no separate state graduate schools were available for African Americans. (Handled by Thurgood Marshall for the NAACP before the formal foundation of LDF.)

1940s

1950s

1960s

1970s

1980s

  • 1980: Luévano v. Campbell, struck down Federal government use of a written test for hiring into nearly 200 entry-level positions because the test disproportionately disqualified African Americans and Latinos.
  • 1980: Enmund v. Florida, struck down a federal "felony murder" statute.
  • 1982: Bob Jones University v. U.S. and Goldboro Christian Schools v. U.S., denied tax exempt status to religious schools that discriminate on the basis of race.
  • 1983: Major v. Treen, overturned a Louisiana gerrymander intended to reduce African-American voting strength.
  • 1984: Gingles v. Edmisten, continued as Thornburg v. Gingles (1986), the Supreme Court ruled that at-large countywide election of state legislators illegally discriminated against black voters, and the Court established the standard for identifying "vote dilution" under the 1982 amendments to the Voting Rights Act.
  • 1986: Dillard v. Crenshaw County Commission: a district court ordered over 180 of the local government bodies in counties, cities, and school boards in Alabama to change their methods of election because intentionally racially discriminatory state laws had made it extremely difficult for Black voters to elect their preferred candidates to local office.[10]
  • 1987: McClesky v. Kemp: in a 5–4 vote, the U.S. Supreme Court rejected a challenge to Georgia's death penalty and held that statistical evidence showing pervasive racial bias in the administration of the death penalty was not sufficient to invalidate a death sentence.[11]
  • 1988: Jiggets v. Housing Authority of City of Elizabeth: a district court ordered the HUD to spend $4 million to upgrade predominantly black, as well as predominantly white, housing projects in the city, and to implement federal maintenance, tenant selection and other procedures equitably.
  • 1989: Cook v. Ochsner: in a belated coda to Simkins v. Moses H. Cone Memorial Hospital, a District Court approved a settlement ending a New Orleans hospital's discrimination in emergency room treatment and patient admissions. The settlement also provided increased opportunities for African-American physicians to practice at the hospital.

1990s

2000s

  • 2000: Rideau v. Whitley, the U.S. Court of Appeals for the Fifth Circuit threw out the 28-year-old, third conviction of Wilbert Rideau for murder because of discrimination in the composition of the Grand Jury that originally indicted him more than 40 years earlier. (Rideau was retried, convicted on the lesser charge of manslaughter, and released in 2005.)
  • 2000: Smith v. United States, was resolved when President Clinton commuted the sentence of Kemba Smith. Smith was a young African-American mother whose abusive, domineering boyfriend led her to play a peripheral role (she did not sell drugs but was aware of the selling) in a conspiracy to obtain and distribute crack cocaine. She had been sentenced to a mandatory minimum of 24+12 years in prison even though she was a first-time offender.
  • 2000: Cromartie v. Hunt and Daly v. Hunt, ruled that it is legal to create, for partisan political reasons, a district with a high concentration of minority voters; hence the North Carolina district from which Mel Watt was elected to the House of Representatives was ruled not to be an illegal gerrymander.
  • 2003: Gratz v. Bollinger, ordered the University of Michigan to change admission policies by removing racial quotas in the form of "points", but allowed them to continue to utilize race as a factor in admissions, to admit a diverse entering class of students.
  • 2007: Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court ruled racial quotas unconstitutional in PK–12 school assignment, but allowed other remedial school integration programs to continue[13]
  • 2009: Northwest Austin Municipal Utility District No. 1 v. Holder, the Supreme Court ruled the Voting Rights Act Section 5 preclearance process constitutional. LDF presented oral argument at the Supreme Court on behalf of a group of African-American voters.[14]

2010s

  • 2010: Lewis v. City of Chicago, the Supreme Court ruled unanimously that the City of Chicago can be held accountable for each and every time it used a hiring practice that arbitrarily blocked qualified minority applicants from employment. LDF presented oral argument in this case in the Supreme Court.[15]
  • 2013: Shelby County v. Holder, the Supreme Court struck down Section 4(b) of the Voting Rights Act, ending the Section 5 preclearance regime. LDF presented oral argument and represented a group of African-American voters in the Supreme Court.[16]
  • 2013: Fisher v. University of Texas, the Supreme Court upheld the constitutionality of affirmative action, and remanded the case to the U.S. Court of Appeals for the Fifth Circuit for a second view. LDF represented the Black Student Alliance and the Black Ex-Students of Texas, Inc.[11]
  • 2014: Schuette v. Coalition to Defend Affirmative Action, the Supreme Court upheld the constitutionality of the Michigan's Proposal 2 voter initiative, which amended the state's constitution to make affirmative action illegal in public employment, public education or public contracting purposes. LDF represented the Plaintiffs challenging Proposal 2.[11]
  • 2016: Fisher v. University of Texas II, Following the remand to the U.S. Court of Appeals for the Fifth Circuit, the Supreme Court again upheld the constitutionality of affirmative action. LDF represented the Black Student Alliance and the Black Ex-Students of Texas, Inc. in oral argument before the U.S. Court of Appeals and in an amicus brief in the Supreme Court.[17]
  • 2016: Veasey v. Abbott, The U.S. Court of Appeals for the Fifth Circuit, sitting en banc, held that Texas's 2011 voter photo identification law violated the Voting Rights Act and that there was sufficient evidence to find that the Texas Legislature might have passed the law for the purpose of discriminating against Black and Latino voters. LDF presented oral argument in the Fifth Circuit on behalf of Black students and the Texas League of Young Voters.[18]
  • 2017: Buck v. Davis, the Supreme Court reversed the death sentence of Mr. Duane Buck because Mr. Buck's trial attorney introduced evidence that suggested Mr. Buck was more likely to commit violent acts in the future because he is black. LDF represented and presented oral argument on Mr. Buck's behalf in the Supreme Court.[11]
  • 2018: Stout v. Jefferson County Board of Education and Gardendale Board of Education, The U.S. Court of Appeals for the Eleventh Circuit, blocked the City of Gardendale's attempt to secede from the larger Jefferson County school system because Gardendale's purpose was to create a mostly white school system separate from the more racially diverse Jefferson County schools. LDF represents and presented oral arguments on behalf of Black students opposed to the separation.[19]

2020s

  • 2020: LDF v. Barr, the U.S. District Court for the District of Columbia granted summary judgment to LDF and ruled that the Presidential Commission on Law Enforcement and the Administration of Justice violated multiple requirements of the Federal Advisory Committee Act, halting the Commission's operations until it was brought into compliance with federal law.[20]
  • 2020: Harding v. Edwards, in September 2020, the U.S. District Court for the Middle District of Louisiana granted a preliminary injunction that required Louisiana to extend the early voting period by three days and provided voters at highest risk of serious illness from COVID-19 with the option to vote by mail in the November and December 2020 primary and general elections.[21]
  • 2020: Thomas v. Andino, in May 2020, the U.S. District Court for the District of South Carolina granted a preliminary junction that prohibited South Carolina from enforcing its witness signature requirement for absentee voters in the June 2020 primary elections. The court found that forcing people to obtain the signature of a third-party witness on their absentee ballot would endanger their health and safety in light of the COVID-19 pandemic.[22]
  • 2020: NAACP v. United States Postal Service, the U.S. District Court for the District of Columbia ruled that the US Postal Service's widespread disruptions in mail delivery violated federal law and risked delaying the delivery of mail-in ballots — thereby causing voter disenfranchisement. On October 10, 2020, the court granted a preliminary injunction motion suspending service changes that had disrupted mail delivery. The court issued a series of additional orders leading up to the November 2020 General Election, which required the US Postal Service to take extraordinary measures to ensure the timely delivery of ballots and to provide daily updates about the delivery status of mail-in ballots. LDF represented the NAACP and individuals in the litigation.[23]
  • 2023: Allen v. Milligan, on June 8, 2023, the U.S. Supreme Court affirmed a preliminary injunction against the State of Alabama's 2021 congressional districts and ruled that Alabama’s map is racially discriminatory in violation of Section 2 of the Voting Rights Act. The Supreme Court also upheld the constitutionality of the Voting Rights Act in the redistricting context. LDF represented and presented oral argument on behalf of the Milligan plaintiff-appellees in the Supreme Court.

Prominent LDF alumni

A number of prominent attorneys have been affiliated with LDF over the years, including Barack Obama who was an LDF cooperating attorney.[2] The following, non-exhaustive list of LDF alumni demonstrates the breadth of positions these attorneys have held or currently hold in public service, the government, academia, the private sector, and other areas.

References

  1. ^ "Our Mission," section: "Our Mission" paragraph 1. NAACP LDF. Retrieved January 19, 2017.
  2. ^ a b c d e f g "Transformative History of the NAACP Legal Defense & Educational Fund". NAACP Legal Defense and Educational Fund. Retrieved 2019-06-03.
  3. ^ "LDF@70: 70 Years of Fulfilling the Promise of Equality" (PDF). Retrieved 2010-11-19.
  4. ^ a b c d "NAACP v. NAACP Legal Defense and Educational Fund, Inc., 753 F.2d 131 (D.C. Circuit 1985)". Retrieved 2010-11-19.
  5. ^ "Introducing LDF's New President and Director-Counsel: Janai Nelson". NAACP Legal Defense and Educational Fund. Retrieved 2022-04-28.
  6. ^ "History | NAACP Legal Defense and Educational Fund". NAACP Legal Defense and Educational Fund. Retrieved 2018-11-13.
  7. ^ a b "Biographies: NAACP Legal Defense and Educational Fund, Inc., Teaching Judicial History, fjc.gov". Archived from the original on 2014-02-21.
  8. ^ a b Hooks (1979)
  9. ^ Tarter, Brent. "Aline Elizabeth Black (1906–1974)". Encyclopedia Virginia. Retrieved 24 August 2015.
  10. ^ A Timeline of LDF's over 75-Year History of Defending Voting Rights in Alabama (PDF), archived from the original (PDF) on 6 Jul 2020
  11. ^ a b c d "NAACP Legal Defense and Educational Fund". NAACP Legal Defense and Educational Fund. Retrieved 2019-06-03.
  12. ^ ...
  13. ^ http://www.naacpldf.org/timeline.aspx, The official site provides a Flash-based history of the major cases taken on by LDF. This article has taken extensive portions of this page with the permission of the NAACP Legal Defense and Educational Fund, Inc., the copyright holder of that material.
  14. ^ "Supreme Court Ruling Leaves in Place Core Provision of the Voting Rights Act | NAACP Legal Defense and Educational Fund". NAACP Legal Defense and Educational Fund. Retrieved 2018-10-25.
  15. ^ "NAACP Legal Defense Fund Succeeds in Defending Rights of 6,000 African-American Applicants for Chicago Firefighter Jobs | NAACP LDF". Archived from the original on 2010-11-27.
  16. ^ "Shelby County, Alabama v. Holder | NAACP Legal Defense and Educational Fund". NAACP Legal Defense and Educational Fund. Retrieved 2018-10-25.
  17. ^ "U.S. Supreme Court Ruling Reaffirms the Importance of Diversity in College Admissions". NAACP Legal Defense and Educational Fund. Retrieved 2019-06-03.
  18. ^ "LDF Applauds Fifth Circuit Court of Appeals En Banc Decision Finding Texas Voter ID Law Discriminatory | NAACP Legal Defense and Educational Fund". NAACP Legal Defense and Educational Fund. Retrieved 2018-10-25.
  19. ^ "LDF Applauds Fifth Circuit Court of Appeals En Banc Decision Finding Texas Voter ID Law Discriminatory". NAACP Legal Defense and Educational Fund. Retrieved 2019-06-03.
  20. ^ "LDF v. Barr". NAACP Legal Defense and Educational Fund. Retrieved 2020-10-01.
  21. ^ "Harding v. Ewards". NAACP Legal Defense and Educational Fund. Retrieved 2022-05-04.
  22. ^ "Thomas v. Andino". NAACP Legal Defense and Educational Fund. Retrieved 2020-10-01.
  23. ^ "LDF Files Agreement Requiring USPS to Implement Key Measures to Prioritize and Expedite Ballot Delivery in Georgia Runoff Election". NAACP Legal Defense and Educational Fund. Retrieved 2020-12-24.
  24. ^ "U.S. Senate Confirms EEOC Chair, Two Commissioners and General Counsel". www.eeoc.gov. Retrieved 2018-10-25.
  25. ^ Shechet, Ellie (2018-11-02). "The Most Important Midterm Race is One You Haven't Heard About". Vice. Retrieved 2019-06-03.
  26. ^ Robert L. Carter
  27. ^ Mississippi Freedom Summer
  28. ^ Alexander v. Holmes County Board of Education, Green v. County School Board of New Kent County
  29. ^ 'Eric Holder In Profile,' Washington Post, November 18, 2008
  30. ^ 1997-Elaine Jones Archived 2009-05-15 at the Wayback Machine
  31. ^ "The New York Times – Search". topics.nytimes.com. Retrieved 2018-10-25.
  32. ^ "David Kendall – Williams & Connolly LLP". www.wc.com. Retrieved 2018-10-25.
  33. ^ Holmes, Steven A. (12 June 1997). "Asian-American Is Named To Top Civil Rights Position". The New York Times. Retrieved 2018-10-25.
  34. ^ "Dennis D. Parker - National Center for Law and Economic Justice".
  35. ^ Weigel, David (2012-08-22). "Reince Priebus, The Least Interesting Man in the World". Slate. ISSN 1091-2339. Retrieved 2018-10-25.
  36. ^ "Theodore M. Shaw". www.law.unc.edu. Retrieved 2018-10-25.
  37. ^ "LDF President Ted Shaw Joins Columbia Law Faculty". Columbia Law School. Retrieved 2018-10-25.
  38. ^ "Columbia Law School : Full Time Faculty : Theodore M. Shaw". Law.columbia.edu. 1961-11-09. Archived from the original on 2010-07-28. Retrieved 2010-12-09.
  39. ^ "NAACP's Theodore Shaw to Discuss "The Continuing Struggle for Racial Justice"". Office of Communications. Retrieved 2018-10-25.
  40. ^ "Meet the people behind the Innocence Project".
  41. ^ "MSNBC Public Relations on Twitter". Twitter. Retrieved 2018-08-27.
  42. ^ Mueller, Benjamin (31 August 2017). "Chairwoman Steps Down at New York City Police Oversight Agency". The New York Times.

Further reading

  • Clemon, U. W., and Bryan K. Fair. "Making Bricks Without Straw: The NAACP Legal Defense Fund and the Development of Civil Rights Law in Alabama 1940-1980." Alabama Law Review 52 (2000): 1121+. online
  • Greenberg, Jack. Crusaders in the Courts: Legal Battles of the Civil Rights Movement (2004)
  • Hooks, Benjamin L. "Birth and Separation of the NAACP Legal Defense and Educational Fund," Crisis 1979 86(6): 218–220. 0011–1422
  • King, Gilbert. Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America (2012) Pulitzer Prize; excerpt
  • Klinetobe, Charles. "Jury Trials and Gerrymanders: The Legal Effort to Maintain Segregation in July of 1957." The Historian 68.2 (2006): 221-240. https://doi.org/10.1111/j.1540-6563.2006.00141.x
  • Mosnier, L. Joseph. Crafting Law in the Second Reconstruction: Julius Chambers, the NAACP Legal Defense Fund, and Title VII. (2005).
  • Tauber, Steven C. "The NAACP Legal Defense Fund and the U.S. Supreme Court's Racial Discrimination Decision Making," Social Science Quarterly 1999 80(2): 325–340.
  • Tauber, Steven C. "On Behalf of the Condemned? The Impact of the NAACP Legal Defense Fund on Capital Punishment Decision Making in the U.S. Courts of Appeals," Political Research Quarterly 1998 51(1): 191–219.
  • Tushnet, Mark V. Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936–1961 (1994)
  • Ware, Gilbert. "The NAACP-Inc. Fund Alliance: Its Strategy, Power, and Destruction," Journal of Negro Education 1994 63(3): 323–335. in JSTOR
  • Watkins, Steve. The Black O: Racism and Redemption in an American Corporate Empire (2013) specific to the 1993 Haynes v. Shoney's case. portions in Google Books