This article argues that the modern Supreme Court is engaging in Plessy-like reasoning to permit segregation. The article argues that the Supreme Court relies on three rationales, all consistent with Plessy, that have resulted in the erosion of school integration: 1) segregation reflects private preferences, 2) we should defer to local governments, and 3) separate schools can result in equal quality of education for all children. The article provides an overview of the case law demonstrating this pro-Plessy bent of the Court and insists that the Court return to the reasoning of Brown to better ensure high quality education for all children.
GW Paper Series
GWU Legal Studies Research Paper No. 2012-88, GWU Law School Public Law Research Paper No. 2012-88
9 Temp. Pol. & Civ. Rts. L. Rev. 1 (1999)