School Desegregation (pp. 634–657)

Rule: "Separate but equal" violates the EPC of the 14A. Segregation, even when it provides a truly equal opportunity, generates feelings of inferiority that can cause irreparable harm.

  • See Brown v. Board of Education (1954) — the bedrock of strict scrutiny.
  • Notably, the Court did not explicitly apply strict scrutiny in Brown—it's universally understood that strict scrutiny would apply under modern standards.
  • Any modern constitutional stance or analysis that would implicitly invalidate Brown is wholly baseless.
  • Effectively overruled Plessy v. Ferguson in the public-education context.

Cases Here