John Payton
Encyclopedia
John A. Payton is a well-known African-American civil rights
attorney
. In 2008, Payton was appointed the sixth president and director-counsel of the NAACP Legal Defense Fund. Prior to this, he was a Partner at the law firm Wilmer Hale for twenty years.
where he graduated from high school. He attended Pomona College
in Claremont, CA where he became heavily involved in civil rights and anti-war protests. Payton was one of the founders of Pomona's Black Student Association. For three years, Payton served as an admissions officer at the Claremont Colleges
, a position that he helped create to recruit black students. He graduated in 1973. He left the admissions position after receiving a Watson fellowship, which allowed him to study literature in West Africa for a year and, while abroad, he applied to law school.
After being accepted at and entering Harvard Law School
, Payton worked on several civil rights cases and was a member of the editorial board for the Harvard Civil Rights and Civil Liberties Law Review. He graduated from law school in 1977.
Cecil Poole
. He then moved to Washington, D.C.
where he was recruited to Wilmer Hale by James Robertson
.
While at the firm, Payton worked on several important civil rights cases. He successfully defended the NAACP against an anti-trust lawsuit brought by white merchants in Mississippi
who had lost business in the wake of a 1966 desegregation
boycott
.
In City of Richmond v. J.A. Croson Co.
, Payton unsuccessfully defended the city's set-aside affirmative action
plan established to assist minority businesses in receiving city construction contracts. The case went to the Supreme Court of the United States
where the Court narrowly ruled against the city and determined, for the first time, that all government uses of race - including affirmative action programs - would be subject to strict scrutiny
.
of Washington, D.C. in 1991, Vernon Jordan tapped Payton to become the district's corporation counsel. As corporation counsel, he reorganized, centralized and streamlined the corporation counsel offices. Early in his term, Payton dealt with the aftermath of the Mount Pleasant riots and worked to improve Latino and police relations in the city. He also participated in balancing the city's budget in the face of a major crisis.
In 1993, President Bill Clinton
nominated Payton to head the U.S. Department of Justice's Civil Rights Division
. Following objections from the Congressional Black Caucus
and despite some prominent African-American support for Payton, Payton withdrew his name for consideration.
In 1994 Payton left the D.C. Corporation Counsel office to join his wife, Gay McDougall, in South Africa
. Ms. McDougall was in South Africa working as a member of the Independent Electoral Commission, which ran South Africa's first democratic elections that year. Nelson Mandela
was elected president. At the same time, Payton served on an international observer team that included lawyers from the Lawyers’ Committee for Civil Rights Under Law. The couple remained in South Africa for several months before going back to D.C.
in its efforts to prevent youths from smoking, and Fannie Mae in a major class action
challenge.
While still at the firm, Payton was tapped to be the lead counsel for the University of Michigan
in defending its law
and undergraduate schools' use of race in their admissions processes. For more than six years, Payton handled the two high-profile cases in the trial court and in the court of appeals, and argued Gratz v. Bollinger
before the Supreme Court. He organized a broad coalition from higher education, the military and top businesses in support of diversity initiatives. In a narrow decision in Grutter v. Bollinger
, the Supreme Court upheld the use of race in college admissions.
Payton served as president of the District of Columbia Bar
for one year in 2001. He also recently served as a visiting professor at Harvard Law School, the Georgetown University
Law Center and Howard University
Law School. He has been repeatedly recognized by his peers and news outlets as one of the nation's top lawyers.
and Jack Greenberg
.
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. In 2008, Payton was appointed the sixth president and director-counsel of the NAACP Legal Defense Fund. Prior to this, he was a Partner at the law firm Wilmer Hale for twenty years.
Early life and education
Payton grew up in Los Angeles, CALos Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
where he graduated from high school. He attended Pomona College
Pomona College
Pomona College is a private, residential, liberal arts college in Claremont, California. Founded in 1887 in Pomona, California by a group of Congregationalists, the college moved to Claremont in 1889 to the site of a hotel, retaining its name. The school enrolls 1,548 students.The founding member...
in Claremont, CA where he became heavily involved in civil rights and anti-war protests. Payton was one of the founders of Pomona's Black Student Association. For three years, Payton served as an admissions officer at the Claremont Colleges
Claremont Colleges
The Claremont Colleges are a prestigious American consortium of five undergraduate and two graduate schools of higher education located in Claremont, California, a city east of downtown Los Angeles...
, a position that he helped create to recruit black students. He graduated in 1973. He left the admissions position after receiving a Watson fellowship, which allowed him to study literature in West Africa for a year and, while abroad, he applied to law school.
After being accepted at and entering Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, Payton worked on several civil rights cases and was a member of the editorial board for the Harvard Civil Rights and Civil Liberties Law Review. He graduated from law school in 1977.
Early career
Following law school, Payton spent a year clerking for then-U.S. District Court for the Northern District of California JudgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Cecil Poole
Cecil Poole
Cecil Poole may refer to:* Cecil F. Poole , American lawyer and federal judge* Cecil Charles Poole , British politician...
. He then moved to Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
where he was recruited to Wilmer Hale by James Robertson
James Robertson
James Robertson, Jim Robertson, Jimmy Robertson and Jamie Robertson is a name shared by the following individuals:-Public officials:...
.
While at the firm, Payton worked on several important civil rights cases. He successfully defended the NAACP against an anti-trust lawsuit brought by white merchants in 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...
who had lost business in the wake of a 1966 desegregation
Desegregation
Desegregation is the process of ending the separation of two groups usually referring to races. This is most commonly used in reference to the United States. Desegregation was long a focus of the American Civil Rights Movement, both before and after the United States Supreme Court's decision in...
boycott
Boycott
A boycott is an act of voluntarily abstaining from using, buying, or dealing with a person, organization, or country as an expression of protest, usually for political reasons...
.
In City of Richmond v. J.A. Croson Co.
City of Richmond v. J.A. Croson Co.
City of Richmond v. J.A. Croson Co., 488 U.S. 469 was a case in which the United States Supreme Court held that the city of Richmond's minority set-aside program, which gave preference to minority business enterprises in the awarding of municipal contracts, was unconstitutional under the Equal...
, Payton unsuccessfully defended the city's set-aside affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
plan established to assist minority businesses in receiving city construction contracts. The case went to the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
where the Court narrowly ruled against the city and determined, for the first time, that all government uses of race - including affirmative action programs - would be subject to strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
.
D.C. Corporation Counsel and South Africa election observer
When Sharon Pratt Dixon was elected mayorMayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of Washington, D.C. in 1991, Vernon Jordan tapped Payton to become the district's corporation counsel. As corporation counsel, he reorganized, centralized and streamlined the corporation counsel offices. Early in his term, Payton dealt with the aftermath of the Mount Pleasant riots and worked to improve Latino and police relations in the city. He also participated in balancing the city's budget in the face of a major crisis.
In 1993, President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
nominated Payton to head the U.S. Department of Justice's Civil Rights Division
United States Department of Justice Civil Rights Division
The U.S. Department of Justice Civil Rights Division is the institution within the federal government responsible for enforcing federal statutes prohibiting discrimination on the basis of race, sex, disability, religion, and national origin. The Division was established on December 9, 1957, by...
. Following objections from the Congressional Black Caucus
Congressional Black Caucus
The Congressional Black Caucus is an organization representing the black members of the United States Congress. Membership is exclusive to blacks, and its chair in the 112th Congress is Representative Emanuel Cleaver of Missouri.-Aims:...
and despite some prominent African-American support for Payton, Payton withdrew his name for consideration.
In 1994 Payton left the D.C. Corporation Counsel office to join his wife, Gay McDougall, in South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
. Ms. McDougall was in South Africa working as a member of the Independent Electoral Commission, which ran South Africa's first democratic elections that year. Nelson Mandela
Nelson Mandela
Nelson Rolihlahla Mandela served as President of South Africa from 1994 to 1999, and was the first South African president to be elected in a fully representative democratic election. Before his presidency, Mandela was an anti-apartheid activist, and the leader of Umkhonto we Sizwe, the armed wing...
was elected president. At the same time, Payton served on an international observer team that included lawyers from the Lawyers’ Committee for Civil Rights Under Law. The couple remained in South Africa for several months before going back to D.C.
Return to private practice and the Michigan cases
Returning to Wilmer Hale, Payton took on a civil practice that included representing corporations in employment matters, the American Legacy FoundationAmerican Legacy Foundation
The American Legacy Foundation is a 501 not-for-profit organization dedicated to preventing teen smoking and encouraging smokers to quit. It was established in March 1998 as a result of the Master Settlement Agreement between a coalition of attorneys general in 46 states and five United States...
in its efforts to prevent youths from smoking, and Fannie Mae in a major class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
challenge.
While still at the firm, Payton was tapped to be the lead counsel for the University of Michigan
University of Michigan
The University of Michigan is a public research university located in Ann Arbor, Michigan in the United States. It is the state's oldest university and the flagship campus of the University of Michigan...
in defending its law
University of Michigan Law School
The University of Michigan Law School is the law school of the University of Michigan, in Ann Arbor. Founded in 1859, the school has an enrollment of about 1,200 students, most of whom are seeking Juris Doctor or Master of Laws degrees, although the school also offers a Doctor of Juridical...
and undergraduate schools' use of race in their admissions processes. For more than six years, Payton handled the two high-profile cases in the trial court and in the court of appeals, and argued Gratz v. Bollinger
Gratz v. Bollinger
Gratz v. Bollinger, 539 U.S. 244 , was a United States Supreme Court case regarding the University of Michigan undergraduate affirmative action admissions policy...
before the Supreme Court. He organized a broad coalition from higher education, the military and top businesses in support of diversity initiatives. In a narrow decision in Grutter v. Bollinger
Grutter v. Bollinger
Grutter v. Bollinger, 539 U.S. 306 , was a case in which the United States Supreme Court upheld the affirmative action admissions policy of the University of Michigan Law School...
, the Supreme Court upheld the use of race in college admissions.
Payton served as president of the District of Columbia Bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
for one year in 2001. He also recently served as a visiting professor at Harvard Law School, the Georgetown University
Georgetown University
Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...
Law Center and Howard University
Howard University
Howard University is a federally chartered, non-profit, private, coeducational, nonsectarian, historically black university located in Washington, D.C., United States...
Law School. He has been repeatedly recognized by his peers and news outlets as one of the nation's top lawyers.
Director Counsel of LDF
In 2008, Payton was appointed the sixth director-counsel and president of the NAACP Legal Defense and Educational Fund, Inc. following in the footsteps of such civil rights giants as Thurgood MarshallThurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
and Jack Greenberg
Jack Greenberg (lawyer)
Jack Greenberg is an American attorney and legal scholar. He was the Director-Counsel of the NAACP Legal Defense Fund from 1961 to 1984, succeeding Thurgood Marshall....
.