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DID BROWN MATTER?(Brown v. Board of Education)

The New Yorker

| May 03, 2004 | Sunstein, Cass R. | COPYRIGHT 2004 All rights reserved. Reproduced by permission of The Condé Nast Publications Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

From 1956, Bernard Taper on Thurgood Marshall and the N.A.A.C.P.

On May 17, 1954, the Supreme Court announced its decision in the case of Brown v. Board of Education. "Separate educational facilities are inherently unequal," the Court ruled unanimously, declaring that they violated the equal-protection clause of the Fourteenth Amendment. It thus overturned the doctrine of "separate but equal," which had been the law of the land since 1896, when Plessy v. Ferguson was decided. The Brown ruling--the culmination of a decades-long effort by the N.A.A.C.P.--has today acquired an aura of inevitability. But it didn't seem inevitable at the time. And the fact that it was ...

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