[Congressional Record (Bound Edition), Volume 158 (2012), Part 4]
[Extensions of Remarks]
[Page 5162]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       TRIBUTE TO MR. JOHN PAYTON

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                       Wednesday, April 18, 2012

  Mr. CONYERS. Mr. Speaker, ``Democracy, at its core, requires that all 
of the people be included in `We the People.' '' Uttered by Mr. John 
Adolphus Payton during a 2008 speech in Michigan, this quote embodies 
his legacy. A true pioneer, John Payton rarely turned down an 
opportunity to advocate for the least among us and reminded America 
time and again of the necessity to advance toward a more inclusive and 
tolerant society. From his youth until his last days, John Payton 
fought for the recognition of individual rights and taught us how to 
work toward democracy--not just speak about it.
  A quick glance at John's background quickly reveals the makings of a 
civil rights giant. At the height of the overt racial tensions of 1965, 
John Payton was one of only a handful of black students at Pomona 
College. Even as a working student, John found time to enhance the 
quality of collegiate life for disadvantaged students by founding 
Pomona's Black Student Association, organizing and participating in 
anti-war and civil rights demonstrations, successfully lobbying 
Pomona's administration to recruit more black students, and for the 
creation of a black studies program. A year after graduating from 
Pomona College, John enrolled at Harvard Law School in 1974. As a law 
student he obtained affidavits from black student activists who were 
injured during Boston's school busing controversy. John served as an 
ideal model of what true civic engagement should be. Even without a 
formal title, he used his resources to fight for the rights of others.
  Serving as the sixth president of the NAACP Legal Defense and 
Educational Fund (LDF), John led many victories before the U.S. Supreme 
Court, including the 2010 case Lewis v. City of Chicago, where John 
successfully represented a group of firefighters who argued that the 
city had discriminated against black recruits by using a grading system 
that resulted in no black applicants being hired. Though their claims 
had been barred by a statute of limitations defense in the lower court, 
the Supreme Court reversed those findings, allowing the recruits' 
claims to move forward. Prior to taking the helm of the NAACP LDF, in 
2003 John argued in Grutter v. Bolinger that the University of Michigan 
had a compelling interest in promoting class diversity, and that 
acknowledging race as one of many factors in admissions decisions was 
not a quota. In a 5-4 decision, the Supreme Court agreed with John's 
argument, and put our nation one step closer towards achieving 
equitable higher education for all.
  John's journey to erasing the ``badges of slavery'' meant challenging 
racism head on. As an associate with the D.C. law firm Wilmer, Cutler 
and Pickering (now known as Wilmer Hale), he contributed to the firm's 
representation of the NAACP in various legal matters, including 
assisting with the 1982 Supreme Court case NAACP v. Claiborne Hardware 
Co. The Claiborne case rescued the NAACP from certain bankruptcy by 
avoiding a financial penalty after the group organized a 1960s boycott 
against white merchants in Mississippi. In 1988, John represented the 
city of Richmond's program which set aside 30 percent of municipal 
construction jobs for minority-owned businesses. The Supreme Court 
ruled that the Richmond law was unconstitutional because it violated 
the white-owned construction firms' right to equal protection. Many 
would have been discouraged by the loss, but as John eloquently stated 
in the 2008 edition of The Civil Rights Monitor, published by the 
Leadership Conference on Civil and Human Rights, ``We must recognize 
that this is a marathon and not a race if we are to find solutions that 
will work.''
  As I sat at John's memorial service, I not only sat as a legal 
colleague, but as a friend. Many shared their respects for a man who 
gave so much to promote justice and equality. I thank his wife of 20 
years, Gay McDougall, for sharing her lifelong partner so that we could 
be beneficiaries of his lifelong mission.

                          ____________________