Even if the decision might not be popular, wrote the court, "from the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law," and because these procedures are often very complicated to understand, "this noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him," when he or she is striving to make a credible defense before a judge or jury. ("Gideon v. Wainwright," 1963)
Justice, and the work of the nine men (today, eight men and one women) on the court, is not always about the will of the majority of the American people, it is often about the rights of the individual. A case that demonstrates this principle even more vehemently is that of "Brown v. Board of Education of Topeka." In this instance, the school children of Topeka who were Black were denied the right to go to the same schools as their White counterparts, regardless of where they lived, the desires of their Black parents, or where their Black parents paid taxes. The will of the majority of the White residents held sway, until a dedicated band of activists and lawyers gave voice to the desire of the Black community to have equal rights for their children in Topeka.
The Supreme Court's interpretation of the community triumphed over prejudice, even though that prejudice was expressed by the will of the majority. "The plaintiffs contend that segregated public schools are not 'equal' and cannot be made 'equal,' and...
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