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Monday, January 29, 2024

§ 3 of the 14th Amendment . . . and Baseball

I bet Gerard never thought of this angle:

Scott Bomboy of the National Constitution Center discusses the case of Victor L. Berger, a German-immigrant socialist elected to the House following an Espionage Act conviction. The House twice refused to seat Berger on § 3 grounds--following his initial election and then when he won a special election after the first refusal. SCOTUS overturned Berger's conviction in 1921, because the trial judge should have recused after making many derogatory and discriminatory comments about German immigrants.

The judge? Kennesaw Mountain Landis. Landis' reputation is shot, fairly or otherwise, for his (uncertain) actions around the integration of MLB in the 1940s. And here he is making another negative contribution to a major historical event.

Posted by Howard Wasserman on January 29, 2024 at 06:22 PM in Howard Wasserman, Sports | Permalink

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