This column illustrates that our
lives are like electricity, filled with connections. But to make a connection one has to plug in
and flip on the switch.
But first a
caveat: In this, my 210th column, you
will be exposed to bursts of effusive praise for one of California's and the
country's premier jurists, Stanley Mosk.
You will also encounter a paean or two for his son, also a jurist of
uncommon ability, Court of Appeal Justice Richard Mosk. That was paean No. 1.
Next
a disclosure: Close to 50 years ago,
Richard Mosk and I sat at opposite ends of the counsel table. We represented our respective clients in a
lawsuit involving a motor home company, (my firm’s client), that had been
acquired by a mega corporation, (Richard’s client). The lawsuit was hotly
contested, but Richard and I maintained a civil relationship and kept our sense
of humor throughout the proceedings. A
friendship developed that has endured to the present.
When
Richard learned of my appointment to the Los Angeles Municipal Court in 1975,
he asked if I would like his father to administer the oath of office. I could not imagine a greater honor than to be
sworn in by one of the nation's most respected jurists. On a warm Labor Day, an affable and gracious
Justice Stanley Mosk swore me in at Richard and Sandy Mosk's home with family
and friends in attendance. We all downed
a glass of champagne or two, and the next day I heard my first traffic ticket
case. I ruled against the pro. per.
protesting the charge of an unsafe lane change, immediately establishing my
bona fides as a law and order judge. The
pro. per. appealed. That I cannot recall
the outcome of the appeal could mean that my decision was reversed.
Enough about
me. But before we get back to the Mosks,
a disclaimer: True, I admire the
Mosks. Nevertheless, I apply here, with
the same steadfast and undeviating rigor, the fairness and objectivity reflected
in my opinions over the past three-and-a-half decades
I commend to
your reading, Justice Stanley Mosk, A Life at the Center of California Politics
and Justice, by Jacqueline R. Braitman and Gerald F. Uelmen (McFarland &
Company, Inc., 2012).
As the book's
introduction aptly notes, "The life of Stanley Mosk has much to teach us
about politics and justice in America."
Mosk had a part to play in many of the important and "epochal
defining moments of the 20th century."
"From his arrival to California in 1933, he was fully engaged in
the civic, social and political life of his community, state and
nation." His tenure as the longest
serving Justice on the California Supreme Court (1964-2001) afforded him the
opportunity to author ground-breaking opinions that reflected impeccable
scholarship, superb craftsmanship, and the clear elucidation of constitutional
principles of enduring value.
In a well-researched and engrossing
narrative, Ms. Braitman and Professor Uelmen tell us the eventful and colorful
life story of Stanley Mosk. Mosk
overcame the obstacles of anti-Semitism and fought for civil liberties long
before it was fashionable to do so. He
rose to prominence in Jewish and Democratic political circles. You will be treated to a compelling account
of the contentious and irrepressible world of politics in California in which
Mosk played a prominent role. Mosk
chaired and served on organizations during the Depression in the 30's that
promoted social justice and good government during an era of corruption in Los
Angeles when Frank Shaw reigned as mayor.
Many meetings of these reform organizations took place at Clifton's
Cafeteria in downtown Los Angeles. It
was about a decade later when my grandmother often took me to lunch at
Clifton’s and afterwards to a movie and the vaudeville show at the downtown Orpheum
Theatre. By that time Stanley Mosk had
made Los Angeles a better place.
The engaging account of Mosk's
career demonstrates that opportunity is often dependent upon luck, fortuitous
circumstance and the talent and ability of the person upon whom luck shines its
light. Mosk's odyssey from Chicago to
California and his involvement in social movements and politics led to his
appointment as Gov. Culbert Olson’s Executive Secretary. During the last hours of Olson's term of
office, he called Stanley in the middle of the night and told him to fill in
his name on the commission for the Los Angeles County Superior Court, making
him, at age 30, the youngest superior court judge up to that time ever to sit
on the superior court in California.
When a challenger in the next
judicial election called Mosk "the child judge," the quick-witted
Mosk replied, "Better a child than someone in their second
childhood." Mosk won the election
"with the largest vote ever received by a judge in Los Angeles
County." The young, energetic Mosk
proved to be up to the job and early on displayed his sensitivity to racial
injustice in a decision that enunciated a principle that would become embedded
in our country's constitutional law doctrine.
In Wright v. Drye, Mosk struck down as unconstitutional a racial
restrictive covenant in a deed to property purchased by a black couple. His eloquent opinion presages the masterfully
written opinions that he authored years later on the California Supreme
Court. He wrote, "'Our nation has
just fought the Nazi race superiority doctrine.
One of these defendants was in that war and is a Purple Heart
veteran. This court would indeed be
callous if it were to permit him to be ousted from his own home by using
"race" as the measure of his worth as a citizen and neighbor.' … 'We
read columns in the press each day about un-American activities. This court feels there is no more reprehensible
un-American activity than to attempt to deprive persons of their homes on a
"master race" theory.'"
And can you believe it? Mosk also wrote a weekly, not a mere monthly
column, widely circulated in a number of local papers. His columns were humorous and
informative. I can only wonder, how did
he do it?
Mosk became Attorney
General of California in 1958, winning the election with the largest margin of
victory of any candidate in any contested election in the country. He formed a Constitutional Rights Division in
the office and pioneered enforcement of constitutional rights for all citizens
so that minorities enjoyed the same protections as others. For example, he induced the Professional
Golfers' Association (the PGA) to avoid a lawsuit and abandon the "Caucasian
Clause" in their contract.
Mosk became a
figure of national prominence. He was close
to John and Robert Kennedy and other prominent political figures and was touted
as the best candidate to represent California in the U.S. Senate. There were other possibilities for public
office that did not materialize. Robert
Frost's "The Road Not Taken" speaks to the dilemma we face in the
choices we make in our lives and careers.
But Mosk chose roads upon which he encountered detours occasioned by the
unanticipated vicissitudes of life. The
seemingly endless opportunities that lay open to him ultimately led him to the
road he may not have anticipated - the road to the California Supreme Court where he became one
of its most influential and respected jurists.
The reader
will glimpse some of the maneuvering and drama that occurs in our Supreme Court
and how its atmosphere is affected by the personality and administrative skill
of the Chief Justice. The reader gains
insight into "The Mosk doctrine," which provides wider, more
expansive constitutional protection under independent state constitutional
grounds than is provided under the U.S. Constitution.
The chapters
on Mosk's tenure on the Supreme Court are riveting. The analysis of cases Mosk and his colleagues
authored demonstrates that considerations of policy and practicality often
support, in part, the court's rationale.
The discussion of Bakke v. Regents
of the University of California (1976) 18 Cal.3d 34, authored by Mosk, is
particularly incisive. A particular case
can engender derision and criticism from some quarters when it is issued, but
with the passage of time garner praise for its reasoning. Mosk and a majority of the court held that
affirmative action based on a racial quota system in college admissions was
unconstitutional. Many came to realize
after a clear and objective analysis that Mosk’s rejection of racial quotas in Bakke was in fact consistent with his
decision decades earlier on racially restrictive covenants in Wright v. Drye.
"Justice
Stanley Mosk" is a well written biography that will grab your attention
and hold it captive. You can order a
copy at www.mcfarlandpub.com.
Question: Do parents pass on their talent and acumen to
their offspring? J.S. Bach and Stanley
Mosk prove that they do. To stay in that
absorbing Mosk kind of mood, I next commend to your reading the "Oral
History" of Stanley's son, Court of Appeal Justice Richard Mosk, which
appears in California Legal History, Journal of the California Supreme Court
Historical Society (Vol. 7, 2012), edited by our much-appreciated Renaissance
woman, lawyer, composer, musician Selma Moidel Smith.
In an enlightening interview,
Richard's son and Stanley's grandson, Emmy winning investigative reporter and
producer for ABC News, Matthew Mosk, asks his father Richard questions about
his career. Richard speaks of his work
on the Warren Commission and his experiences as a judge on the Iran-U.S. Claims
Tribunal and offers observations about Stanley Mosk. Even if I had not written the introduction to
Richard's "Oral History," it would be no less readable and
informative.
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