General Discussion

Starting as early as 1981, as a 26-year-old lawyer just three years out of Harvard Law School, Roberts began his campaign to undermine the Civil Rights Act. He got himself a job as Special Assistant to Ronald Reagan’s Attorney General William French Smith. Congress was about to amend the Civil Rights Act to provide that state laws would be illegal if they had a racially discriminatory effect, without having to prove that they had a racially discriminatory intent—something almost impossible to prove.

Roberts zealously took on the assignment coming up with arguments against the Amendment. Roberts wrote over 25 memos opposing the Amendment.

In one, he argued that the Civil Rights Act was “the most intrusive interference imaginable by federal courts into state and local processes.”