How does Ed Whelan Celebrate the Anniversary of Brown v. Board of Ed?

May 21st, 2012

1954—In Brown v. Board of Education, a unanimous Supreme Court abandonsavailable originalist justifications for its ruling that state-segregated schools violate the Equal Protection Clause—justifications that would have been far weightier, and commanded far more public respect, than its own makeshift reliance oncontemporaneous psychological research of dubious relevance. Contrary to conventional understanding, the Court declines to revisit its notorious 1896 ruling inPlessy v. Ferguson and instead limits itself to the question whether the separate-but-equal rule of Plessy “should be held inapplicable to public education.”

From this day in liberal judicial activism.