The "Fifth Circuit Four" (or simply "The Four") were four judges of the United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Fifth Circuit

The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...

 who, during the late 1950s, became known for a series of decisions (which continued into the late 1960s) crucial in advancing the civil rights

African-American Civil Rights Movement (1955-1968)

The African-American Civil Rights Movement refers to the movements in the United States aimed at outlawing racial discrimination against African Americans and restoring voting rights to them. This article covers the phase of the movement between 1955 and 1968, particularly in the South...

 of African American

African American

African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...

s; in this they were opposed by fellow fifth-circuit judge Ben Cameron

Benjamin Franklin Cameron

Benjamin Franklin Cameron was a United States federal judge.Born in Meridian, Mississippi, Cameron received an A.B. from the University of the South in 1911 and an LL.B. from Cumberland University in 1914...

, a strong advocate of states' rights

States' rights

States' rights in U.S. politics refers to political powers reserved for the U.S. state governments rather than the federal government. It is often considered a loaded term because of its use in opposition to federally mandated racial desegregation...

. At that time, the Fifth Circuit included not only Louisiana

Louisiana

Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...

, Mississippi

Mississippi

Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...

, and Texas

Texas

Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...

 (the limits of its jurisdiction since October 1, 1981), but also Alabama

Alabama

Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...

, Georgia

Georgia (U.S. state)

Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...

, Florida

Florida

Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...

, and the Panama Canal Zone

Panama Canal Zone

The Panama Canal Zone was a unorganized U.S. territory located within the Republic of Panama, consisting of the Panama Canal and an area generally extending 5 miles on each side of the centerline, but excluding Panama City and Colón, which otherwise would have been partly within the limits of...

.

"The Four" were Chief Judge Elbert Tuttle

Elbert Tuttle

Elbert Parr Tuttle , one of the "Fifth Circuit Four", and a liberal Republican from Georgia, was chief judge of the United States Court of Appeals for the Fifth Circuit from 1960 to 1967, when that court became known for a series of decisions crucial in advancing the civil rights of African-Americans...

 and his three colleagues John Minor Wisdom

John Minor Wisdom

John Minor Wisdom , one of the "Fifth Circuit Four", and a liberal Republican from Louisiana, was a judge of the United States Court of Appeals for the Fifth Circuit during the 1950s and 1960s, when that court became known for a series of decisions crucial in advancing the civil rights of...

, John Robert Brown

John Robert Brown (judge)

John Robert Brown was a United States federal judge of the Court of Appeals for the Fifth Circuit in 1950s and 1960s, one of the "Fifth Circuit Four" pivotal in the civil rights movement....

, and Richard Rives

Richard Rives

Richard Taylor Rives was an American lawyer and judge. A native of Alabama, he was the sole Democrat among the "Fifth Circuit Four," four judges of the United States Court of Appeals for the Fifth Circuit in the 1950s and 1960s that issued a series of decisions crucial in advancing the civil...

. All but Rives were liberal Republicans; Rives was a Democrat and, according to Jack Bass, an intimate of Supreme Court justice Hugo Black

Hugo Black

Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...

.

Quote

"The Constitution

United States Constitution

The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 is both color blind and color conscious. To avoid conflict with the equal protection clause

Equal Protection Clause

The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...

, a classification that denies a benefit, causes harm, or imposes a burden must not be based on race. In that sense the Constitution is color blind. But the Constitution is color conscious to prevent discrimination being perpetuated and to undo the effects of past discrimination. The criterion is the relevancy of color to a legitimate government purpose."

- Judge John Minor Wisdom, writing for the majority in U.S. v. Jefferson County Board of Education, 1967.