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We've just marked the 50th anniversary of Brown v. Board of Education, the defining legal decision of the past century, in which the Supreme Court ruled school segregation by race to be un-Constitutional. Ten years later, with the 1964 Civil Rights Act, Congress solidified the basic principle of Brown: a prohibition of all racial discrimination by government.
The history of race law since then has been one of breathtaking judicial misbehavior. The end of segregation and prohibition of official racial discrimination soon came to be seen by activists not as a triumph, but as an obstacle. Race activists pressed the nation to move from prohibiting segregation to compelling integration. In 1968 the Supreme Court granted their wish in Green v. County School Board, which required government race discrimination in order to mix the races.
This violated Title IV of the Civil Rights Act, which specifically warns that "'desegregation' shall not mean the assignment of students to public schools in order to overcome racial imbalance." No matter. The Court required busing to undo residential racial concentration and create near-perfect racial balance in the giant Charlotte-Mecklenberg, North Carolina school district.
The Court similarly converted the prohibition of race discrimination in employment in Title VII of the Civil Rights Act ...