Case Usa

Case Usa

The most important case of USA history?

Brown case.

~Brown v Board (Brown I) was a significant case to be sure, but hardly the most significant or important in the history of the Supreme Court. Brown II and Brown III, while not as well known, are of no small import. On the issue of race, Plessy and Dred Scot are equally important. The Warren Court delivered at least one earth-shaking decision every term and I tend to believe Griswold v Connecticut was among the most important. The Burger Court decided Roe v Wade and Furman v Georgia, a couple more landmark cases. Many would claim that John Marshall's decision in Marbury v Madison is the most important and, in a sense, it is. However, Marshall's participation in the case was so unethical he should have been impeached and disbarred and the decision is constitutionally wrong, legally incorrect, factually deceitful and intellectually fraudulent. Other than that, it is a case of some consequence.

Brown overturned Plessy v. Ferguson. Plessy did not create segregation, but it did confirm that the proposition of segregation was constitutionally permissible as long as equal facilities were available for both races. The Court, through Justice Henry Brown's decision, held:

"That [the Separate Car Act] does not conflict with the Thirteenth Amendment, which abolished slavery...is too clear for argument...A statute which implies merely a legal distinction between the white and colored races -- a distinction which is founded in the color of the two races, and which must always exist so long as white men are distinguished from the other race by color -- has no tendency to destroy the legal equality of the two races...The object of the [Fourteenth A]mendment was undoubtedly to enforce the absolute equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to enforce social, as distinguished from political equality, or a commingling of the two races upon terms unsatisfactory to either."

Certainly not PC today, but it was a pronouncement consistent with prevailing attitudes across the breadth of the nation in 1896. Justice John Harlan, in the sole dissent, said, quite prophetically:

"Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law...In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott case...The present decision, it may well be apprehended, will not only stimulate aggressions, more or less brutal and irritating, upon the admitted rights of colored citizens, but will encourage the belief that it is possible, by means of state enactments, to defeat the beneficient purposes which the people of the United States had in view when they adopted the recent amendments of the Constitution."

Brown simply recognized the facts and history and said that "separate but equal is inherently unequal". Plessy had been the holy grail for segregationists for 60 years. Black public facilities, especially schools, were underfunded and the Jim Crow laws and policies insured that African Americans would never be on equal footing with whites. The Court attempted to put an end to racial discrimination by commingling the races rather than to allow the pretense of providing parallel assets to each to continue. The Court did an evaluative historical analysis and determined that the pretext of equal protection of the law had been a sham.

William Rehnquist was clerking for Justice Robert Jackson when the Warren Court deliberated Brown. He wrote a memo wherein he said,

"I realize that it is an unpopular and unhumanitarian position, for which I have been excoriated by 'liberal' colleagues but I think Plessy v. Ferguson was right and should be reaffirmed."

Justice Clarence Thomas, apparently endorsing segregation as constitutionally permissible, wrote in his 1995 decision in Missouri v Jenkins:

"Brown I did not say that "racially isolated" schools were inherently inferior; the harm that it identified was tied purely to de jure segregation, not de facto segregation. Indeed, Brown I itself did not need to rely upon any psychological or social-science research in order to announce the simple, yet fundamental truth that the Government cannot discriminate among its citizens on the basis of race. . . .Given that desegregation has not produced the predicted leaps forward in black educational achievement, there is no reason to think that black students cannot learn as well when surrounded by members of their own race as when they are in an integrated environment. . . . Because of their "distinctive histories and traditions," black schools can function as the center and symbol of black communities, and provide examples of independent black leadership, success, and achievement."

Rehnquist and Thomas were appointed by neo-con Republican presidents. It is election year. Supreme Court justices serve for life. The hell with the economy and Iraq. The next president is likely going to appoint at least 2 justices when Justices Stephens and Ginsburg retire. 'Nuff said?

As to what the Warren Court held, and the rationale behind it, read the case, or at least a summary of it.

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