Will Landmark 1954 Brown V. Topeka Kansas Be Overturned
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Will the Landmark 1954 Brown v. Board of Education be Overturned?
Summary
In 1896, Plessy v. Ferguson established the "separate but equal" doctrine, making racial segregation in schools legal, provided the education was equal. However, equality was rarely the case. In 1954, the landmark decision in Brown v. Board of Education overturned this, ending racial segregation in public schools and mandating desegregation nationwide.
Article
The 1896 Plessy v. Ferguson decision introduced the "separate but equal" doctrine, legally allowing the segregation of public school students by race as long as education remained equal. This wasn’t typically the case, leading to the pivotal 1954 decision in Brown v. Board of Education, which dismantled racial segregation in schools across America, enforcing integration from elementary schools to universities. Federal mandates then required schools to use race to ensure equitable education placements, breaking the link between segregation and neighborhood residency.
Currently, the U.S. Supreme Court is examining two cases concerning school board policies in Louisville and Seattle, which challenge existing desegregation methods. Supported by the Bush Administration, these cases argue that current policies, while well-meaning, are unconstitutional. The lawsuits claim there’s no compelling justification for the desegregation policies in these districts, noting that a quota, even well-intentioned, remains a quota.
The outcomes of these cases are closely watched, as they could affect approximately 400 school districts in 17 states still under court-ordered desegregation.
Why Overturn Brown v. Board of Education Now?
1. Political Support: The Bush Administration supports these public school cases and other initiatives aiming to remove federally mandated racial equity measures in business.
2. Resegregation Trends: According to Harvard University’s Civil Rights Project, American public schools are experiencing resegregation at various levels?"district, state, regional, and national. White students, specifically, tend to attend schools that are at least 80% white. The rise of school vouchers, charter, and alternative schools, combined with increased immigration, has led many white families to leave the public school system, resulting in minority enrollment in public schools approaching 40%, nearly double that of the 1960s.
3. Previous Legal Decisions: The 1974 Milliken v. Bradley decision banned desegregation efforts between city and suburban areas. This led to increased segregation in urban centers, with many large city school systems largely serving minority populations. For instance, 27 major urban school systems educate a quarter of the nation’s Black and Latino students.
4. Continuing Inequities: The Harvard study also revealed that even within desegregated systems, Black students face segregation through tracking and biased testing. Despite claims of a colorblind society, minorities often lack access to quality resources, a disparity often overlooked by funding formulas.
The potential rollback of Brown v. Board of Education raises concerns of returning to the inequitable educational practices of the past. Should the Supreme Court rule in favor of the parents, the decision could push public education back into the turbulent eras of the 1950s, undermining the strides made in civil rights and educational equality.
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