Skip to content
Search

Latest Stories

Follow Us:
Top Stories

A Republic, if we can keep it

Part XV: Brown v. Board of Education at 70

Black children entering a school

Black children arrive for class at the segregated Buchanan Elementary School in Kansas,, prompting the legal suit known as Brown vs. Board of Education.

Carl Iwasaki/Getty Images

Breslin is the Joseph C. Palamountain Jr. Chair of Political Science at Skidmore College and author of “A Constitution for the Living: Imagining How Five Generations of Americans Would Rewrite the Nation’s Fundamental Law.”

This is the latest in a series to assist American citizens on the bumpy road ahead this election year. By highlighting components, principles and stories of the Constitution, Breslin hopes to remind us that the American political experiment remains, in the words of Alexander Hamilton, the “most interesting in the world.”

American history is replete with paradigm-shifting, landscape-altering, game-changing moments. Brown v. Board of Education is one of them. Little of what we knew or understood before May 17, 1954 — 70 years ago next month — resembles what came after. Good thing.


Dismantling America’s system of educational apartheid was long overdue. The stigmatization of Black children as inferior to, or lesser than, white children was more than enough to call into question the moral currency of segregation. The Supreme Court would finally call that question in the Brown case. Separating schoolchildren based on race, Chief Justice Earl Warren argued, “affects the hearts and minds [of Black children] in a way unlikely ever to be undone.” We cannot abandon an entire race, he said. State-authorized and legally sanctioned stigmatization can no longer endure.

The court’s simple and profound declaration that the Constitution “neither knows nor tolerates” racial separation was as manifest as it was magnificent. It has been reverberating ever since.

It is certainly true that desegregation was slow in coming on the heels of the Brown decision. It is equally true that de facto school segregation persists. Still, Brown managed to accomplish something essential to a free society. It gave legitimacy and force to an ideal — an Enlightenment ideal that “all men are created equal.”

America needed that. It needed a reminder that a first principle of the republic — equality — was rotting. There was no equivocation on the part of the unanimous court. In unison, all nine justices drifted to the correct corner of the moral universe. To come from the most respected of governmental branches helped — it had the feel, for progressives at least, of a commandment. The court’s unassailable voice made a difference.

Brown emphasized the benefits of classroom diversity. “We must look to the effect of segregation itself on public education,” Warren proclaimed. Segregation has a devastating effect on African-American children, he insisted, but it also robs white children of the “intangible” ability “to study, to engage in discussions and exchange views” with students from other races and dissimilar backgrounds. We can draw a direct line from Brown to the affirmative action cases, which (until Students for Fair Admissions v. Harvard) insisted that classroom diversity was a “compelling state interest.” We can draw a direct line from Brown to the noble efforts around race-integration busing. We can draw a direct line from Brown to the diversity, equity, inclusion and belonging (DEI/DEIB) initiatives at most of America’s secondary and post-secondary schools.

Brown forced a fundamental realignment of the judicial appointment process. Before Brown, presidents nominated judges for their intellect, wisdom and judiciousness. Enter Oliver Wendell Holmes, Louis Brandeis and Felix Frankfurter. Afterwards, presidents saw that they could advance their partisan agendas through judicial channels. If the NAACP can bypass the traditional democratic branches and win stunning victories in the courts, it is no longer sensible to nominate the most respected legal minds.

Exit Holmes, Brandeis and Frankfurter. Now the goal is to nominate the most politically ideological thinker we can get through the system, the jurist who can best deliver on a particular political platform. Gone are the Robert Borks from the right and the Laurence Tribes from the left. But gone also are the judicial giants — men like William Brennan and Harry Blackmun — who were nominated by presidents of the opposing political party. Impartiality has been replaced by politics, neutrality by partisanship.

Brown’s economic impact is incalculable. The principle of “separate but equal” was always morally dubious, but it was also pragmatically foolish. Studies have exposed the negative economic impact of a segregated America. Prosperity, especially for people of color, is tied to America’s ongoing struggle with de facto segregation. So is mobility. The Washington Center for Equitable Growth says so explicitly: “School integration powers economic growth by boosting human capital, innovation, and productivity, while strengthening the social trust and interpersonal relationships necessary for smoothly functioning markets.”

The enormity of the court’s decision in Brown can never be overstated. Put simply, it is the most important and most consequential Supreme Court decision of the 20th century. It didn’t solve every ailment. Seven decades have passed since the landmark ruling and America still has a race problem. Even so, I suspect almost all of us would prefer to live on this temporal side of the desegregation case. It’s taken a long time — 70 years to reach consensus! But that’s something, and it is most definitely worth celebrating.


Read More

White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

The CLARITY Act crypto bill failed a procedural vote on Sept. 15, but it could return. Here's what it does, who would regulate crypto, and the Trump angle.

Richard Sharrocks / Getty Images

The CLARITY Act

The CLARITY Act

The CLARITY Act, which failed in a procedural vote on Sept. 15, and a new venture by the Trump family’s World Liberty Financial cryptocurrency company made us think it was time to write about the cryptocurrency legislation. Even though it’s not currently active, the bill could come back.

Keep ReadingShow less
Tattered American flag

Trump's "Restoring Truth and Sanity" order targets how museums and parks present slavery and racism. Why one writer says Americans should push back.

Nisian Hughes/Getty Images

Trump's Mendacious, Deceitful Rewriting of American History

History is made of two parts. One is indisputable facts and the other is the interpretation of those facts. The history of history is filled with varying interpretations of the basic facts, usually tinted by the perspective of the historian or commentator. That perspective can be the writer's political leanings, his philosophy, or any number of personal biases.

All historians, however, whether conservative or liberal, regardless of philosophy generally agree on the basic facts. For example, while there are fringe groups and individuals who deny that the Holocaust happened—that 6 millions Jews were killed by the Nazis—no reputable historian disputes that fact.

Keep ReadingShow less
First Amendment being torn

First Amendment text of the US Constitution ripped in half -- Freedom of Speech , Religion or Press unconstitutional concept

Getty Images

Lawsuit Says Press Access Is Essential to Democratic Accountability

When POLITICO, CNN, and MS NOW announced Monday that they were filing a federal lawsuit to restore their reporters’ access to the White House, they challenged more than the sudden and unexplained revocation of press credentials. They underscored a fundamental constitutional principle: a free press does not operate at the government's discretion.

According to their joint statement, the outlets are seeking urgent relief after the Secret Service denied their reporters entry to the White House complex on Saturday and confiscated their credentials. The action followed recent stories by these outlets examining the administration’s handling of classified documents and raising questions about transparency related to policy meetings. They wrote, “Without notice or process, the White House revoked our journalists’ credentials because it objected to our reporting. Left unchallenged, this threatens press freedom and the public’s right to independent journalism free from government interference.”

Keep ReadingShow less
The sky clears behind the U.S. Capitol after rainy weather

The sky clears behind the U.S. Capitol after rainy weather on Sept. 2, 2026, in Washington, D.C.

Finn Gomez / Getty Images

We Didn't Get This Angry Because Americans Changed: We Got This Angry Because Washington Did

Something unusual has happened on the opinion pages of The New York Times recently.

Three very different writers have described three seemingly different American problems.

Keep ReadingShow less