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date: 02 December 2022

Brown v. Board of Educationlocked

Brown v. Board of Educationlocked

  • Christopher W. SchmidtChristopher W. SchmidtChicago-Kent College of Law and the American Bar Foundation

Summary

On May 17, 1954, the Supreme Court unanimously struck down as unconstitutional state-mandated racial segregation in public schools, which at the time was policy in seventeen states. Brown v. Board of Education marked the culmination of a decades-long litigation campaign by the NAACP. White-controlled states across the South responded by launching a “massive resistance” campaign of defiance against Brown, which was followed by decades of struggles, inside and outside the courts, to desegregate the nation’s schools. Brown also signaled the new and often controversial direction the Supreme Court would take under leadership of Chief Justice Earl Warren—one that read the rights protections of the Constitution more broadly than its predecessors and was more aggressive in using these rights to protect vulnerable minorities.

Brown is nearly universally celebrated today, yet the terms of its celebration remain contested. Some see the case as a call for ambitious litigation strategies and judicial boldness, whereas others use it to demonstrate the limited power of the courts to effect social change. Some find in Brown a commitment to a principle of a “colorblind” Constitution, others a commitment to expunging practices that oppress racial minorities (often requiring race-conscious policies). Brown thus remains what it was in 1954: a bold statement of the principle of racial equality whose meaning the nation is still struggling to work out.

Subjects

  • Legal History

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