Judge Pickering on Miscegenation
Young Mr. Pickering implied that the court was a bit nit-picky in its literal reading of the statute (what would Justice Scalia say?) and then prescribed language to amend the statute. It's interesting that he acknowledges his proposal is of dubious constitutionality in the long run, but he seems more than willing to suggest a way to prevent miscegenation for as long as possible.
Of course, the utility of studying a student note is questionable. He wrote this a long time ago, while he was still young. Mississippi was obviously very conservative, and my experience has been that law schools are not the most liberal of academic institutions. Still, he proposed a method of criminalizing interracial relationships! And even though he wrote in a very academic tone, the fact remains that he was willing to write an article that facilitated discrimination at the most personal level. The most sympathetic reading, I think, is that he was extremely naive or--like many law students--utterly mercenary when it came to advancing his career.
I'm not writing outside of my experiences. I was a law student; I chose to write on a controversial subject (the application of Megan's Law statutes to juvenile sex offenders); and when my note was published, I knew that it could be used to justify repressive laws or to judge my political and legal opinions. I believe it was either Jesus or Yosemite Sam who said, "You pays your money, you takes your chances."