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No immediate desegregation was required, noted McGill, and the decision did not mean that “Negro and white children” would attend school together in the fall. Naturally, criticism from the editorial pages in the seventeen Southern and border states that required racial segregation in public education was almost uniformly critical, with the exception of moderate progressives like Ralph McGill of the Atlanta Constitution and a few others who noted that, for all the bluster coming from unreconstructed segregationists throughout the region, the Court’s decision was moderate in tone and order. Board of Education (1954), generations of trees have given their lives to a still-ongoing debate over Brown was correctly decided, whether it mattered then and matters now and what the decision said about the possibilities and limits of judicial power. Since that historic moment in the early afternoon of Monday, May 17 th, 1954, when Chief Justice Earl Warren announced the Court’s unanimous judgment and opinion in Brown v. Less than a year later, Oliver Brown would take the witness stand in a federal courtroom after the NAACP Legal Defense Fund, which had been carefully recruiting African American plaintiffs around the country to challenge racial segregation in elementary and secondary public education, made him the principal litigant in what would become, less than three years later, the most famous case ever decided by the Supreme Court. If not, Linda would walk to Monroe, whether in the bitter cold of winter or the oppressive heat of late summer. Linda literally walked by Sumner to catch a bus, if it showed up, to get to Monroe. But, like all black children, Linda was required by law to attend the all-black Monroe School, located about a mile and a half further away. The Browns lived in an integrated neighborhood and played with white children who attended Sumner. Although the Browns lived just a few blocks from Sumner, Linda was not permitted to attend school with white children. Linda Brown, who passed away early last week, became the most famous school-age child in American history when, in September 1950, her father, Oliver, attempted to enroll her at the all-white Sumner School in Topeka, Kansas. Truth, Racial Healing, and Transformation.Technology Law and Intellectual Property.Regulation and the Administrative State.
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