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Shirley Hufstedler, first secretary of the newly created Education Dept., dies at 90 Shirley Hufstedler, first secretary of the newly created Education Dept., dies at 90
(35 minutes later)
Shirley M. Hufstedler, a California jurist who was the highest-ranking female judge on the federal bench before President Jimmy Carter selected her in 1979 as the first U.S. education secretary, died March 30 at a hospital in Glendale, Calif. She was 90.Shirley M. Hufstedler, a California jurist who was the highest-ranking female judge on the federal bench before President Jimmy Carter selected her in 1979 as the first U.S. education secretary, died March 30 at a hospital in Glendale, Calif. She was 90.
The cause was cerebrovascular disease, said her son, Steve Hufstedler.The cause was cerebrovascular disease, said her son, Steve Hufstedler.
Mrs. Hufstedler began her legal career in private practice in Los Angeles and ascended the judicial ranks in California before President Lyndon B. Johnson named her to the U.S. Court of Appeals for the Ninth Circuit in San Francisco in 1968. Mrs. Hufstedler began her legal career in private practice in Los Angeles and ascended the judicial ranks in California before President Lyndon B. Johnson named her to the U.S. Court of Appeals for the 9th Circuit in San Francisco in 1968.
She was one of the first women to serve as U.S. federal judges and received frequent mentions as a possible nominee for the U.S. Supreme Court. When Carter invited her to join his Cabinet, she was assured that her acceptance would not preclude a future nomination. She was one of the first women to serve as a U.S. federal judge and received frequent mentions as a possible nominee for the U.S. Supreme Court. When Carter invited her to join his Cabinet, she was assured that her acceptance would not preclude a future nomination.
As education secretary, Mrs. Hufstedler oversaw the creation of a new department of the federal government, a process fraught with bureaucratic complexity. The new agency absorbed more than 150 government education programs previously administered by five departments — principally the Department of Health, Education and Welfare, which in the realignment became the Department of Health and Human Services.As education secretary, Mrs. Hufstedler oversaw the creation of a new department of the federal government, a process fraught with bureaucratic complexity. The new agency absorbed more than 150 government education programs previously administered by five departments — principally the Department of Health, Education and Welfare, which in the realignment became the Department of Health and Human Services.
Some opponents of the Education Department feared federal intrusion in local schools and undue influence of teachers’ unions. Mrs. Hufstedler sought to assuage those fears and presented a vision of the new agency as a guarantor of educational equity.Some opponents of the Education Department feared federal intrusion in local schools and undue influence of teachers’ unions. Mrs. Hufstedler sought to assuage those fears and presented a vision of the new agency as a guarantor of educational equity.
“When we think what we’re about and the programs we are going to try to keep,” the New York Times quoted her telling her staff, “we ought to think about who is the most vulnerable. The most seriously disadvantaged must be protected first.”“When we think what we’re about and the programs we are going to try to keep,” the New York Times quoted her telling her staff, “we ought to think about who is the most vulnerable. The most seriously disadvantaged must be protected first.”
Mrs. Hufstedler oversaw — in six months — the creation of an office with 17,000 employees and a $14 billion budget. She even played a role in selecting the agency’s acronym, “ED” for Education Department. She quipped that the alternative, “DED” for Department of Education, had a “singularly unhappy ring.”Mrs. Hufstedler oversaw — in six months — the creation of an office with 17,000 employees and a $14 billion budget. She even played a role in selecting the agency’s acronym, “ED” for Education Department. She quipped that the alternative, “DED” for Department of Education, had a “singularly unhappy ring.”
Among the most controversial issues of the time was the matter of busing. As secretary, Mrs. Hufstedler argued that “surely busing youngsters for the purpose of achieving racial integration is not a first resort.” But there were many situations, she said, “in which it must not be the last resort.” Among the most controversial issues of the time was busing. As secretary, Mrs. Hufstedler argued that “surely busing youngsters for the purpose of achieving racial integration is not a first resort.” But there were many situations, she said, “in which it must not be the last resort.”
She supported Title I programs for needy students and backed funding increases for women’s athletic programs. “Bigotry,” she remarked, “has always been much more popular than one likes to believe.”She supported Title I programs for needy students and backed funding increases for women’s athletic programs. “Bigotry,” she remarked, “has always been much more popular than one likes to believe.”
Mrs. Hufstedler’s time in Washington was cut short by Carter’s reelection defeat in 1980. Ronald Reagan, who succeeded him in the White House, moved to abolish the Education Department, a proposal revived by later Republican politicians, but found scant congressional support. Mrs. Hufstedler’s time in Washington was cut short by Carter’s reelection defeat in 1980. Ronald Reagan, who succeeded him in the White House, moved to abolish the Education Department, a proposal that was revived by later Republican politicians but found scant congressional support.
Shirley Ann Mount was born in Denver on Aug. 24, 1925. Her mother was a teacher, and her father was an engineer. She and her brother changed schools frequently as their father moved the family for work. Shirley Ann Mount was born in Denver on Aug. 24, 1925. Her mother was a teacher and her father was an engineer. She and her brother changed schools frequently as their father moved the family for work.
She received a bachelor’s degree in business administration from the University of New Mexico in 1945 and did secretarial work for actor Burgess Meredith to save money to attend Stanford Law School, where she graduated in 1949.She received a bachelor’s degree in business administration from the University of New Mexico in 1945 and did secretarial work for actor Burgess Meredith to save money to attend Stanford Law School, where she graduated in 1949.
After a decade of legal practice, she became a judge on the Los Angeles County Superior Court. In 1966, she joined the California Court of Appeal, where she remained until her appointment to the federal bench.After a decade of legal practice, she became a judge on the Los Angeles County Superior Court. In 1966, she joined the California Court of Appeal, where she remained until her appointment to the federal bench.
On the federal court, she wrote a dissenting opinion in Lau v. Nichols, a case involving Chinese-speaking students in San Francisco who sought access to bilingual educational programs.On the federal court, she wrote a dissenting opinion in Lau v. Nichols, a case involving Chinese-speaking students in San Francisco who sought access to bilingual educational programs.
“The state does not cause children to start school speaking only Chinese. Neither does the state cause children to have black skin rather than white,” Mrs. Hufstedler observed in her opinion. “State action depends upon state responses to differences otherwise created.” “The state does not cause children to start school speaking only Chinese. Neither does the state cause children to have black skin rather than white,” Mrs. Hufstedler observed in her opinion. “State action depends upon state responses to differences otherwise created.
“These Chinese children ... are more isolated from equal educational opportunity than were those physically segregated blacks in Brown,” she continued, referring to the landmark 1954 Supreme Court decision banning segregated schools. “These Chinese children . . . are more isolated from equal educational opportunity than were those physically segregated blacks in Brown,” she continued, referring to the landmark 1954 Supreme Court decision banning segregated schools.
In 1974, the Supreme Court ruled in the students’ favor, relying on the principles Mrs. Hufstedler had laid out in her opinion.In 1974, the Supreme Court ruled in the students’ favor, relying on the principles Mrs. Hufstedler had laid out in her opinion.
After her Cabinet service, Mrs. Hufstedler returned to private practice in California. At the item of her death, she was senior of counsel at the firm of Morrison & Foerster, specializing in appellate litigation.After her Cabinet service, Mrs. Hufstedler returned to private practice in California. At the item of her death, she was senior of counsel at the firm of Morrison & Foerster, specializing in appellate litigation.
Survivors include her husband of 66 years, Seth Hufstedler of La Cañada Flintridge, Calif.; a son, Steve Hufstedler of Mission Viejo, Calif.; and three grandchildren. Survivors include her husband of 66 years, Seth Hufstedler of La Canada Flintridge, Calif.; a son, Steve Hufstedler of Mission Viejo, Calif.; and three grandchildren.
No Supreme Court vacancies arose during Carter’s administration, but 25 years after he left office, the former president told CNN’s Larry King that Mrs. Hufstedler “probably” would have been his choice.No Supreme Court vacancies arose during Carter’s administration, but 25 years after he left office, the former president told CNN’s Larry King that Mrs. Hufstedler “probably” would have been his choice.
Mrs. Hufstedler, who in her private life was an ad­ven­ture traveler and hiked in the Himalayas, viewed the lost opportunity with sanguinity.Mrs. Hufstedler, who in her private life was an ad­ven­ture traveler and hiked in the Himalayas, viewed the lost opportunity with sanguinity.
The possibility of her appointment was “raised for 15 of the 18 years that I’ve been on the bench,” she told the Times in 1980. “But in Buddhist thought, time is circular. There is a concept of steadiness and change going together. If lightning strikes, I’ll think about what to do. In the meantime, I’ve got a great deal to do right now.”The possibility of her appointment was “raised for 15 of the 18 years that I’ve been on the bench,” she told the Times in 1980. “But in Buddhist thought, time is circular. There is a concept of steadiness and change going together. If lightning strikes, I’ll think about what to do. In the meantime, I’ve got a great deal to do right now.”
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