![]() ![]() Bradley (1974)-on the extent to which desegregation required racial balancing in public schools, including through means like busing. As a result, the Court was involved in a number of decisions in the 1960s and 1970s-e.g., Green v. Ferguson or declare that race could not be used in educational decisions. Adding to the uncertainty, Brown did not explicitly overrule all of Plessy v. It was not until the Civil Rights Act of 1964 tied federal education money to elimination of racial discrimination that schools began to desegregate more quickly. The next year in Brown II, the Court declared that desegregation should proceed with all “deliberate speed.” Nevertheless, social and political resistance to the decision and confusion over how to implement it meant that desegregation proceeded very slowly over the next ten years. While Brown was an important decision, it did not solve all the legal problems of race in American education. The appointment of Earl Warren to replace Fred Vinson as chief justice in 1953 added momentum to the drive to declare “separate but equal” unconstitutional. In the 1940s and early 1950s, the Court declared that such separate educational facilities had to be actually equal-first in tangible and then in intangible aspects. ![]() Canada (1938), for example, the Court held that if the University of Missouri excluded African American students from its law school, it had to create a law school for them. Brown was actually the product of a long history of activism, politics, litigation by groups like the NAACP, and court decisions starting several decades earlier that chipped away at the “separate but equal” doctrine proclaimed in Plessy v. Board of Education was one of the most significant Supreme Court interpretations of the equal protection clause in the twentieth century. ![]() Passed in 1868 after the Civil War, the Fourteenth Amendment declares in part that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Brown v.
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