Facts of the Case
This case was the consolidation of cases arising in Kansas, South Carolina, Virginia, Delaware, and Washington D.C. relating to the segregation of public schools on the basis of race. In each of the cases, African American students had been denied admittance to certain public schools based on laws allowing public education to be segregated by race. They argued that such segregation violated the Equal Protection Clause of the Fourteenth Amendment. The plaintiffs were denied relief in the lower courts based on Plessy v. Ferguson, which held that racially segregated public facilities were legal so long as the facilities for blacks and whites were equal. (This was known as the “separate but equal” doctrine.)
Questions
Does the segregation of public education based solely on race violate the Equal Protection Clause of the Fourteenth Amendment?
Conclusions
-
Separate but equal educational facilities for racial minorities is inherently unequal, violating the Equal Protection Clause of the Fourteenth Amendment.
Chief Justice Earl Warren delivered the opinion of the unanimous Court. The Supreme Court held that “separate but equal” facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment. The Court reasoned that the segregation of public education based on race instilled a sense of inferiority that had a hugely detrimental effect on the education and personal growth of African American children. Warren based much of his opinion on information from social science studies rather than court precedent. The decision also used language that was relatively accessible to non-lawyers because Warren felt it was necessary for all Americans to understand its logic.
Racial Preferences in Economic Benefits: From Widely Accepted to Legally Indefensible
Federalist Society Review, Volume 25
As the United States began to emerge from its long history of legal segregation and...
A Deeper Originalism: From Court-Centered Jurisprudence to Constitutional Self-Government
Federalist Society Review, Volume 24
Originalism has substantially reoriented constitutional discourse since it first reemerged in response to the Warren...
What Is Conservative Constitutionalism? A Fractured History Reveals an Uncertain Path Forward
Federalist Society Review, Volume 24
A review of Johnathan O’Neill, Conservative Thought and American Constitutionalism Since the New Deal (Johns Hopkins...
Dept. of Ed. v. Brown & Biden v. Nebraska - Post-Argument SCOTUScast
Mark Chenoweth
On February 28, 2023, the U.S. Supreme Court heard oral argument in two cases challenging the...
Courthouse Steps Oral Argument: Dept. of Ed. v. Brown & Biden v. Nebraska
February 28, 2023, the U.S. Supreme Court will hear oral argument in two cases challenging...
Courthouse Steps Oral Argument: Dept. of Ed. v. Brown & Biden v. Nebraska
February 28, 2023, the U.S. Supreme Court will hear oral argument in two cases challenging...
The Chief Justice at His Best and Worst
Sometimes Chief Justice John Roberts writes beautifully. When he does, his writing is understated; he...
Supreme Court to Hear Two Challenges to President Biden’s Student Loan Forgiveness Program
In December, the Supreme Court granted certiorari in two cases challenging the student loan forgiveness...
What Adam Liptak Doesn’t Know about Brown v. Board and Originalism
Adam Liptak, the New York Times’ Supreme Court reporter, recently published an article in which...
What Adam Liptak Doesn’t Know about Brown v. Board and Originalism
Adam Liptak, the New York Times’ Supreme Court reporter, recently published an article in which...
Principles of State Constitutional Interpretation
Federalist Society Review, Volume 23
State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital...
Principles of State Constitutional Interpretation
Federalist Society Review, Volume 23
State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital...
Protecting Economic Liberty in the Federal Courts: Theory, Precedent, Practice
Federalist Society Review, Volume 22
The 14th Amendment meaningfully protects economic liberty. While this protection was originally housed in the...
Should the “Hollow Core” of Constitutional Theory Be Filled with the Framers’ Intentions?
Federalist Society Review, Volume 22
A Review of The Hollow Core of Constitutional Theory: Why We Need the Framers, by...
Should the “Hollow Core” of Constitutional Theory Be Filled with the Framers’ Intentions?
Federalist Society Review, Volume 22
A Review of The Hollow Core of Constitutional Theory: Why We Need the Framers, by...
Learning to Change: New Takes on Education Reform
Federalist Society Review, Volume 22
A Review of: The Choice We Face: How Segregation, Race, and Power Have Shaped America’s...
Learning to Change: New Takes on Education Reform
Federalist Society Review, Volume 22
A Review of: The Choice We Face: How Segregation, Race, and Power Have Shaped America’s...
Should the Supreme Court Take Note of “Th’ Iliction Returns” Next Time It Addresses Race-Preferential Admissions Policies?
Federalist Society Review, Volume 22
“[N]o matter whether th’ constitution follows th’ flag or not, th’ Supreme Court follows th’...
Hamlet Without the Prince
Federalist Society Review, Volume 22
A review of The Second Founding: An Introduction to the Fourteenth Amendment, by Ilan Wurman...
Hamlet Without the Prince
Federalist Society Review, Volume 22
A review of The Second Founding: An Introduction to the Fourteenth Amendment, by Ilan Wurman...
Unleashed and Unbound: Living Textualism in Bostock v. Clayton County
Federalist Society Review, Volume 21
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Affirmative Action Confusion at the College of Charleston
Fast Action! On July 29, 2018, the Charleston Post and Courier ran a story entitled Affirmative...
Affirmative Action Confusion at the College of Charleston
Fast Action! On July 29, 2018, the Charleston Post and Courier ran a story entitled Affirmative...
Liberty Month Revisited: The Separation of Powers, Stare Decisis, and the Constitution
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Liberty Month Revisited: The Separation of Powers, Stare Decisis, and the Constitution
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Supremacy and the Supreme Court
Since Marbury v. Madison in 1803, it’s been “settled law” that the Supreme Court is...
Supremacy and the Supreme Court
Since Marbury v. Madison in 1803, it’s been “settled law” that the Supreme Court is...
The Separation of Powers, "Stare Decisis," and the Constitution
Because the U.S. Constitution is dedicated to liberty through limited government, power is divided between...
American Exceptionalism
America is the planet’s wealthiest and most powerful nation. Its gifts to the world have come...
An Originalist Future
Engage Volume 15, Issue 1
Note from the Editor: This article discusses the originalist method of constitutional interpretation. As always, The...
Book Review: Cosmic Constitutional Theory: Why Americans Are Losing Their Inalienable Right to Self-Governance
Engage Volume 14, Issue 2 July 2013
Other Reviews of Cosmic Constitutional Theory: •Marc O. Degirolami, The New Republic, Sept. 2012: http://www.newrepublic.com/book/review/cosmic-constitutional-theory-judicial-restraint...
Book Reviews: Mismatch and Wounds That Will Not Heal
Engage Volume 14, Issue 1 February 2013
Note from the Editor: This feature reviews two new books on affirmative action in anticipation...
The Upside-Down Constitution by Michael S. Greve
Engage Volume 13, Issue 1, March 2012
“I must study politics and war, that my sons may have liberty to study mathematics...
Bar Watch Bulletin for August 9, 2011
House of Delegates, ABA President-Elect
Reporting live from the ABA Meetings in Toronto. House of Delegates Recommendation 10B, proposed by...
Bar Watch Bulletin for August 9, 2011
House of Delegates, ABA President-Elect
Reporting live from the ABA Meetings in Toronto. House of Delegates Recommendation 10B, proposed by...
The Sotomayor Nomination, Part III
Online Debate
On May 26th, President Obama nominated Sonia Sotomayor to replace David Souter as an Associate...
The Sotomayor Nomination, Part I
Online Debate
On May 26, President Obama nominated Sonia Sotomayor to replace David Souter as an Associate...
Clint Bolick Reviews # Educational Freedom in Urban America: Brown v. Board After Half a Century by David Salisbury and Casey Lartigue Jr.
Last year our nation celebrated the 50th anniversary of Brown v. Board of Education—and lamented...
Clint Bolick Reviews # Educational Freedom in Urban America: Brown v. Board After Half a Century by David Salisbury and Casey Lartigue Jr.
Last year our nation celebrated the 50th anniversary of Brown v. Board of Education—and lamented...
SCOTUS term
Online Debate
On June 28, 2007, the Supreme Court handed down its last decisions of the Spring...
Sordid Business: The Supreme Court Confronts the Constitutionality of Racial Preferences in K-12 Education
It is a sordid business, this divvying us up by race.—Chief Justice Roberts The...
Sordid Business: The Supreme Court Confronts the Constitutionality of Racial Preferences in K-12 Education
It is a sordid business, this divvying us up by race.—Chief Justice Roberts The...
Bar Watch Bulletin February 10, 2007
Young Lawyers Division, Controversial Cases
Young Lawyers Division Assembly On Saturday morning, the Young Lawyers Division Assembly (YLDA) met to debate...
Bar Watch Bulletin June 2004
Judicial Confirmations, International Law
--ABA President Dennis Archer, in remarks to the Sixth Circuit Court of Appeals Open Judicial...
Bar Watch Bulletin February 9, 2004
2004 ABA Midyear Meeting: Spirit of Excellence Awards, Universal Jurisdiction
Midyear Meeting Update ***Defense of IndigentsThe ABA held a panel discussion to address the lack...
Hot Topics: Judicial Activism
When President George W. Bush announced his first nominations for the federal bench, he declared,...
A New Vanguard for Civil Rights in 1999: "Opportunity Scholarships" and the Florida "A+ Plan"
Civil Rights Practice Group Newsletter - Volume 3, Issue 2, Summer 1999
"In these days, it is doubtful that any child may reasonably be expected to succeed...
School Desegregation In 1999
Civil Rights Practice Group Newsletter - Volume 2, Issue 3, Winter 1998
Reproduced below is a recent letter that Linda Chavez, president of the Center for Equal...
School Desegregation In 1999
Civil Rights Practice Group Newsletter - Volume 2, Issue 3, Winter 1998
Reproduced below is a recent letter that Linda Chavez, president of the Center for Equal...
Whether There is a Constitutional Right to Die
Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
The existence of a constitutional right to die is currently under consideration by the United...
The Great Debate: Attorney General Ed Meese III - November 15, 1985
Speech by Attorney General Edwin Meese, III before The Federalist Society Lawyers Division on November 15, 1985
Attorney General Edwin Meese III Before the DC Chapter of the Federalist Society Lawyers Division...
The Conservative Case for an Activist Judiciary
Goodwin Hotel One Haynes StreetHartford,
2004 National Lawyers Convention
Celebrating Brown v. Board of Education's Promise of Equality: How Well Are We Doing Fifty Years Later?
The Mayflower Hotel1127 Connecticut Avenue NW
Washington, DC 20036