The Supreme Court is set to hear a case that could potentially overturn the landmark Brown vs. Board of Education decision. Here’s what you need to know.
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The United States Supreme Court is the highest court in the land and its decisions are final. Although the Court may overturn one of its own decisions, this is rare. The last time the Court overturned a decision was in 1986 when it ruled in favor of capital punishment in the case of Bowers v. Hardwick. However, there are some who believe that the Court may soon overturn another one of its historic decisions – Brown vs. Board of Education.
Brown vs. Board of Education was a landmark case in which the Supreme Court ruled that segregation in public schools was unconstitutional. This ruling led to the desegregation of public schools across America and was a major victory for the Civil Rights movement. However, many believe that the current Supreme Court is more conservative than previous Courts and that it may be willing to overturn Brown vs. Board of Education.
There are several reasons why people believe that the Supreme Court may overturn Brown vs. Board of Education. First, the membership of the Court has changed since the original decision was made in 1954. There are now only two justices who were on the Court when Brown vs. Board of Education was decided – Justices Ginsburg and Breyer. This means that there are seven justices who were not on the Court when this decision was made and they may be more likely to overturn it.
Another reason why people believe that Brown vs Board of Education may be overturned is because there have been recent cases which have called into question its validity. In 2007, the Supreme Court heard a case called Parents Involved in Community Schools v. Seattle School District No 1. This case revolved around a school district’s use of race as a factor in determining which schools students would attend. The Supreme Court ultimately ruled against the school district, but Justice Thomas wrote a concurring opinion in which he stated that he believed that Brown vs Board of Education had been wrongly decided and should be overturned.
Finally, there is a general feeling amongst many people that America has moved beyond race and that segregation is no longer an issue. They believe that because segregation is no longer a problem, there is no need for desegregation measures such as those put forth by Brown vs Board of Education. While this is certainly an understandable point of view, it ignores the fact that there are still many areas of America where segregation exists and where minorities continue to face discrimination.
Only time will tell if The Supreme Court will overturn Brown vs Board of Education but, regardless of what happens, this case will continue to be an important part of American history
The Plessy Doctrine
The Plessy Doctrine was a legal principle that was used to justify segregation. It was established in the 1896 case of Plessy v. Ferguson, in which the U.S. Supreme Court ruled that segregation was constitutional as long as the separate facilities were equal in quality.
The doctrine was effectively overturned in 1954 by the landmark case of Brown v. Board of Education, which found that segregation violated the Equal Protection Clause of the Fourteenth Amendment. However, some conservative legal scholars have argued in recent years that the Brown decision was wrongly decided and that the Plessy Doctrine should be revived.
It is unlikely that the Supreme Court will overturn Brown v. Board of Education anytime soon, as there is currently no majority on the Court for such a move. However, if conservatives are able to appoint more justices to the Court, it is possible that they may try to revisit this issue.
The Brown Decision
The Brown decision was rendered on May 17, 1954. It held that the racial segregation of public schools was unconstitutional and violated the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The Court ordered desegregation to begin “with all deliberate speed.”
In the years since the decision, there have been numerous challenges to its authority, but the Brown decision has remained intact. In recent years, however, there has been a growing movement among conservatives to revisit the case and overturn it.
There are a number of reasons why conservatives believe that the Brown decision should be overturned. They argue that it was wrongly decided and that it represents a form of “judicial activism” that is not authorized by the Constitution. They also contend that it has led to a number of negative consequences, including racial tension and violence, and that it has failed to achieve its goal of achieving true racial equality.
The Supreme Court will hear oral arguments in a case challenging the Brown decision in October 2019. It is possible that the Court could use this case to overturn the decision, but it is also possible that it will reaffirm its authority. Only time will tell what will happen with this landmark case.
The Bakke Decision
The case of Regents of the University of California v. Bakke, 438 U.S. 265 (1978), was a major setback for the cause of racial diversity in American higher education. The Supreme Court ruled that while racial quotas were unconstitutional, race could still be considered as a factor in admissions decisions. This decision led to a decrease in the number of minority students at many colleges and universities around the country.
In recent years, there has been a renewed push for affirmative action programs in higher education. In 2016, the Supreme Court heard the case of Fisher v. University of Texas, which challenged the use of race in admissions decisions. The Court ruled in favor of the university, but Justice Anthony Kennedy’s opinion left open the possibility that future cases could lead to a different result.
This year, the Court will hear another case on this issue, which could potentially overturn Bakke and restore affirmative action programs at colleges and universities nationwide.
The Parents Involved Decision
In the Parents Involved decision, the Supreme Court ruled that using race as a factor in school assignments is unconstitutional. This ruling overturned a key part of the Brown v. Board of Education decision, which had outlawed segregation in schools.
The Parents Involved decision has been criticized by many who say that it will lead to resegregation of schools. Critics also argue that the decision will make it harder for schools to achieve diversity.
In summary, it is unlikely that the Supreme Court will overturn Brown vs. Board of Education. The current make-up of the Court does not appear to be inclined to do so, and there is no clear precedent that would lead them in that direction. Additionally, public opinion remains strongly in favor of the decision, and any attempt to overturn it would likely be met with significant backlash.