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A revealing portrait of Judge James E. Horton Jr., whose quiet moral courage reshaped one of the most explosive legal battles in American history

A Man Visited by History illuminates what author Steven P. Brown calls the “last major Scottsboro trials–related subject to have eluded careful study”: the life of Judge James E. Horton Jr., the white Alabama Eighth Circuit judge who set aside an all-white jury’s guilty verdict and death sentence in the second trial of African American defendant Haywood Patterson. Of the three trial judges and more than one hundred jurors who considered the cases of the Scottsboro defendants, Horton was the only one to find that the evidence against them was virtually nonexistent. Horton was then removed from further involvement with the cases and, despite being on the fast track to political prominence before the 1933 retrial of the Scottsboro defendants, was defeated for reelection as circuit judge in 1934. His ruling in the Patterson case impacted the Scottsboro defendants’ lives and continues to affect their legacies today. 

Brown researched largely untapped resources that, for the first time, illuminate who Horton was before the Scottsboro trials, what he faced presiding over Patterson’s case, the factors that led him to overturn the jury’s verdict, and his later life raising award-winning cattle. What emerges is a remarkably consistent picture of a man who, Brown argues, for more than ninety years, sought nothing more than to do what he thought was right. Historians of the South, the early twentieth century, the law, and race relations as well as general readers will find this intimate account of the judge in the infamous trials to be riveting and instructive.
 

WINNER OF THE ANNE B. & JAMES B. MCMILLAN PRIZE IN SOUTHERN HISTORY

Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes.

Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama.

Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court’s ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. By examining such landmark twentieth-century milestones and eras such as the Scottsboro Boys trial, the Civil Rights movement, and the fight for women’s rights through a legal lens, Brown sheds new and unexpected light on the ways that events in Alabama have shaped the nation.

In addition to his analysis of cases, Brown discusses the three associate Supreme Court justices from Alabama to the Supreme Court: John McKinley, John Archibald Campbell, and Hugo Black. Their cumulative influence on constitutional interpretation, the institution of the Court, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
 

A Southern voice on a national bench—McKinley’s legacy in antebellum law.

John McKinley and the Antebellum Supreme Court offers the first comprehensive biography of Justice John McKinley (1780–1852), a largely forgotten figure in American legal history who played a pivotal role during a formative period of the U.S. Supreme Court. Steven P. Brown rescues McKinley from historical obscurity, presenting a compelling portrait of a man deeply embedded in the political, legal, and financial life of the early 19th-century South.

Born in Kentucky and later settling in northern Alabama, McKinley served in both the U.S. Senate and House of Representatives before being appointed to the Supreme Court by President Martin Van Buren in 1837. His tenure on the bench coincided with the creation of the Ninth Circuit, a vast and challenging judicial territory encompassing Alabama, Arkansas, Louisiana, and Mississippi. Brown details McKinley’s arduous circuit-riding duties, which required extensive travel and exposed him to the legal complexities of a rapidly expanding frontier.

More than a biography, the book provides a penetrating analysis of antebellum legal culture, Alabama state politics, and the internal workings of the Supreme Court during a time of national transformation. Brown challenges the prevailing view of McKinley as a mediocre jurist, arguing instead that his contributions—particularly his dissents defending states’ rights—deserve renewed scholarly attention. With rich historical context and meticulous research, John McKinley and the Antebellum Supreme Court sheds light on the burdens of justice in a divided nation and the legacy of a justice whose career mirrored the tensions of his time.
 

The first scholarly treatment of the strategies employed by the New Christian Right in redefining religious freedom in the courtroom.

Trumping Religion provides a detailed analysis of the five major public-interest law firms that have litigated religion cases in the federal courts between 1980 and 2000. Allied with several highly vocal, evangelical ministries, such as those of Jerry Falwell and Pat Robinson, these legal organizations argue that religious expression is a form of protected speech and thereby gain a greater latitude of interpretation in the courts. The long-term agenda of the New Christian Right as illuminated by this study is to shape church-state jurisprudence in a way that permits free course for the Christian gospel.

Steven P. Brown presents his research and conclusions from a balanced viewpoint. In filling a distinct void in the literature, this book will be of considerable interest to political scientists, legal scholars, law schools and seminaries, and anyone concerned with the intersection of religion and judicial politics.