[Congressional Record Volume 147, Number 96 (Wednesday, July 11, 2001)]
[House]
[Pages H3931-H3932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE LEGACY OF CALIFORNIA STATE SUPREME COURT JUSTICE STANLEY MOSK
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from California (Ms. Watson) is recognized for 5 minutes.
Ms. WATSON of California. Mr. Speaker, today I stand before this
august body to pay tribute to a superb colleague, friend, and fighter
for justice, the late Honorable California State Supreme Court Justice
Stanley Mosk.
As a State Supreme Court Justice, Stanley Mosk fought repeatedly for
civil rights and individual liberties. He constantly strove for
fairness for all Californians. Judge Mosk did not view his judicial
task as a job, but as a mission for humanity. Judge Mosk understood the
pain of racism.
It was during his election to statewide office that his faith was
made an issue. Judge Mosk, as a Los Angeles Superior Court judge, threw
out a restrictive real estate covenant that prevented a black family
from moving into a white neighborhood. A year later, the U.S. Supreme
Court voided such covenants.
It was Judge Mosk's ability to relate to the pain caused by racism
that allowed him to approach legal decisions with a touch of humanity
and fairness.
Even before his career as a judge, Mosk had the ability to tell the
difference between right and wrong. As a State Attorney General in the
late 1950s and early 1960s, he established the office's civil rights
division, and helped to persuade the Professional Golfer's Association
to drop its whites-only rule.
Judge Mosk, a longtime Democrat and self-described liberal, was
appointed to the State's highest court in 1964 and served until his
death, a 37-year tenure that made him the State's longest-serving
Justice. During that time, he wrote 1,500 opinions.
Judge Mosk often produced opinions separate from the court majority.
He opposed the death penalty, but also showed flexibility and a knack
for anticipating political currents. His decisions continued to reflect
his quest for fairness and the desire to correct existing wrongs.
In 1972, Judge Mosk's ruling extended to private developers a law
requiring a study of each major project's likely environmental impact
and ways to avoid the harm.
{time} 1930
In 1978, Judge Mosk ruled to ban racial discrimination in jury
selections.
[[Page H3932]]
He rendered this decision 8 years before the U.S. Supreme Court made
the same decision. In light of his judicial decisions and opinions,
Judge Stanley Mosk remained a champion for fairness and humanity.
Today, I am honored as a Californian and as a former State Senator to
pay homage to the career and the legacy of this great man.
Ms. WATERS. Mr. Speaker, I speak today to honor a man who was a
tribute to his court, his state, and his nation. Justice Stanley Mosk
of the California State Supreme Court leaves behind a legacy of his
strong belief in civil rights and free speech. It is my hope that
Governor Gray Davis will seek out another advocate for the people to
step into Justice Mosk's shoes.
Justice Mosk will be remembered for many things. He was often on the
forefront of legal issues. Back in 1947, when he was a judge on the Los
Angeles Superior Court, Justice Mosk threw out a racially restrictive
covenant that prevented a black family from moving into a white
neighborhood. That case, Wright v. Drye, came out a year before the
United States Supreme Court made its own similar decision in Shelley v.
Kramer.
In 1978, Justice Mosk again led the U.S. Supreme Court in ground-
breaking decisions. In that year, he ruled for a ban on racial
discrimination in jury selection. The U.S. Supreme Court waited eight
years before making the same ruling.
Justice Mosk promoted civil rights from an early stage in his career.
While serving as the California State Attorney General in the late
1950s and early 1960s, Justice Mosk established the office's civil
rights division. He also successfully fought against the Professionals
Golfers' Association bylaws that denied across to minority golfers.
Justice Mosk went further than that--actually contacting each state's
attorney general on this matter, to ensure that no state would provide
the PGA with a place to hide. Charlie Sifford, the African-American
golfer whose cause Justice Mosk took up, sent a note to the Mosk family
after hearing of Justice Mosk's death.
Justice Mosk worked to improve voting rights long before the
disasters that occurred in last year's election. He fought successfully
for Latino voting rights in the 1960 election in Imperial Valley. He
did what we should do in our present day elections--he sent agents down
to the Valley to be sure that the voters weren't being intimidated.
Justice Mosk was also an extremely productive judge, producing nearly
1700 rulings during his tenure on the California State Supeme Court.
The State of California has lost not only a great justice and strong
advocate, but a true legacy. His presence will be missed by those who
worked with him, and his absence will be felt by those on whose behalf
he worked.
Ms. MILLENDER-McDONALD. Mr. Speaker, I wish to pay tribute to a
renowned man who has had a tremendous impact on our country. ``Libertas
per Justitiam''--Liberty through Justice, was a phrase that Justice
Mosk had sewn into the collar of his judicial robes. It is a fitting
inscription for a man who embodied the phrase so completely. We come
today to reflect on the life and legacy of Justice Stanley Mosk of the
California Supreme Court. Justice Mosk spent more than half a century
on the bench, including 37 years as a justice of the California Supreme
Court. During his time on the bench, Justice Mosk dedicated his life to
ensuring and protecting individual rights for the people of California.
He remained steadfast in his liberal views, despite serving the last
fourteen years as the only liberal on the high court.
Justice Mosk's distinguished career began immediately after law
school with his own private practice from 1935 to 1939. He then became
Executive Secretary to the Governor, and later served as Attorney
General of California for nearly six years before his tenure on the
bench. Despite the often-contradictory opinions of his colleagues,
Justice Mosk never backed down from what he believed to be fair and
just.
I would like to take a moment to highlight a couple of his important
achievements. In 1947, as a Los Angeles Superior Court judge, he struck
down as unconstitutional the racially restrictive real estate covenants
used to prevent minorities from buying houses in certain neighborhoods.
When he became Attorney General in 1958, he fought to eradicate the
Professional Golfers Associations whites-only clause, which prohibited
minorities from being a part of the PGA. Justice Mosk remained an
unassuming and unpretentious man who took pride in his judicial
activities as well as his civic activities. For instance, he was
involved actively with the problems of children who could not live with
their families, as the president of the Vista Del Mar-Child Care
Agency.
Justice Mosk served the state of California until the day before he
died, and with his death, the state of California lost what many
considered to be a true champion of justice. Justice was not only his
well deserved title, but was also characteristic of his personal
mission--to find fairness in a world filled with injustice. As a
devoted liberal, his eloquence and principles shined through his work
on the court. Among his many great contributions he will be remembered
for pioneering the theory of ``independent state grounds.'' This is the
source of many path-breaking state privacy rulings and has given states
the chance to become agents for legal change.
Mr. Speaker, I am proud to stand here today to honor Justice Stanley
Mosk, a glorious man who has left an indelible impression on our state
and our country. Through his body of accomplishments his passion for
justice shall live beyond his tenure on earth. His family, friends,
colleagues, and the state of California will miss him dearly.
Mr. BERMAN. Mr. Speaker, I rise today to honor Justice Stanley Mosk,
who died last month after serving 37 years on the California Supreme
Court. He was California's longest serving Justice, a highly respected,
even revered judge who delivered almost 1,700 opinions in his
remarkable career. He was repeatedly honored for his contributions to
the caliber of our judiciary and the quality of justice meted out by
our courts in California. He was a distinguished lawyer, a renowned
author and an outstanding jurist.
I have had the honor of knowing Justice Mosk and his family for many
years and he was, to me, one of those special people who had a profound
influence on my political life. He was a tremendously impressive
individual who embodied a unique combination of political savvy and
legal scholarship with an abiding commitment to justice.
From 1939 to 1942 he served as executive secretary and legal adviser
to the Governor of California, and for the 16 years from 1943 to 1959
he was a judge of the Superior Court in Los Angeles. After serving in
the Coast Guard Temporary Reserve during the early days of World War
II, Judge Mosk left the Superior Court bench and enlisted in the army
as a private. He served until the end of the war and then returned to
the court.
In 1958, Mosk was elected Attorney General of California with more
than a million vote margin over his opponent, the largest majority of
any contest in America that year. He was overwhelmingly re-elected in
1962.
He was the first person of the Jewish faith to be elected to a
statewide office after a campaign in which his religion was made an
issue and his decisive victories were enormously important to Jewish
candidates who followed him into public service, because it established
the fact that their religion would not be a factor in California
elections.
He was appointed to the state's high court in 1964 by then-Governor
Pat Brown. Justice Mosk loved being on the court and hated the thought
of retirement, but fearing that his age was slowing him down, he had
reluctantly decided to step down this year. He died the day he planned
to submit this resignation letter to Governor Davis.
Justice Mosk fought doggedly for civil rights and individual
liberties. He threw out restrictive real estate covenants that kept
black families out of white neighborhoods and opened professional golf
to nonwhites. He barred prosecutors from removing jurors on racial
grounds. He declared that handicapped parents could not be stereotyped
and automatically disqualified from raising their own children.
He was revered for his independence as well as his intelligence, his
dedication to equal justice and his wisdom and common sense.
In November of 1998, Justice Mosk offered this list of his top
priorities should he be reelected to the Supreme Court: (1) Properly
apply the law, (2) Independence and impartiality, and (3) Justice. He
can be no better eulogized than by this short list, which be honored
throughout his brilliant career. I ask my colleagues to join me today
in paying tribute to Justice Stanley Mosk, a legal giant of California.
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