Word: segregationism
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Summers and Professor of Law Scott Brewer also noted that empirical evidence on which the Brown decision was partly based—data that said continued segregation would hurt black students’ academic performance and self-esteem—might not be as relevant today.
Yesterday evening in a speech titled “Why Brown was a Hard Case,” Klarman described the deep ideological divisions among the justices, who eventually ruled unanimously to end federally sanctioned racial segregation in public schools.
Klarman said several of the justices wanted Congress to “solve the problem” presented in the Brown case. However, “that was just wishful thinking,” he said. “In the 1950s, there was zero chance that Congress would pass...
Between 1865 and 1935, there were 44 challenges to public school segregation that reached the lower federal courts or high state courts, Klarman said. All were unanimously rejected. In 1896, the nation's highest court decided in Plessy v. Ferguson that “separate but equal facilities,?...
Finally on May 17, 1954, the Court ruled that “separate educational facilities are inherently unequal.” Reading from a memo written by Justice Douglas the day the Brown decision was handed down, Klarman said that had the justices ruled on the case when it was...