What was the major difference in the ruling of Plessy v Ferguson and Brown v. Board of Education?

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In Brown v. Board of Education, the U.S. Supreme Court ruled unanimously that racial segregation in public schools violated the Fourteenth Amendment to the Constitution. The 1954 decision declared that separate educational facilities for white and African American students were inherently unequal.

Brown v. Board of Education is considered a milestone in American civil rights history and among the most important rulings in the history of the U.S. Supreme Court. The case, and the efforts to undermine the Court's decision, brought greater awareness to the racial inequalities that African Americans faced. The case also galvanized civil rights activists and increased efforts to end institutionalized racism throughout American society.

After the Brown v. Board of Education decision, there was wide opposition to desegregation, largely in the southern states. Violent protests erupted in some places, and others responded by implementing “school-choice” programs that subsidized white students’ attendance at private, segregated academies , which were not covered by the Brown ruling.

The U.S. Supreme Court ruled on Brown v. Board of Education on May 17, 1954. The case had been argued before the Court on December 9, 1952, and reargued on December 8, 1953.

In Brown v. Board of Education, the attorney for the plaintiffs was Thurgood Marshall. He later became, in 1967, the first African American to serve on the U.S. Supreme Court.

Brown v. Board of Education, in full Brown v. Board of Education of Topeka, case in which, on May 17, 1954, the U.S. Supreme Court ruled unanimously (9–0) that racial segregation in public schools violated the Fourteenth Amendment to the Constitution, which prohibits the states from denying equal protection of the laws to any person within their jurisdictions. The decision declared that separate educational facilities for white and African American students were inherently unequal. It thus rejected as inapplicable to public education the “separate but equal” doctrine, advanced by the Supreme Court in Plessy v. Ferguson (1896), according to which laws mandating separate public facilities for whites and African Americans do not violate the equal protection clause if the facilities are approximately equal. Although the 1954 decision strictly applied only to public schools, it implied that segregation was not permissible in other public facilities. Considered one of the most important rulings in the Court’s history, Brown v. Board of Education helped inspire the American civil rights movement of the late 1950s and ’60s.

In the late 1940s the National Association for the Advancement of Colored People (NAACP) began a concentrated effort to challenge the segregated school systems in various states, including Kansas. There, in Topeka, the NAACP encouraged a number of African American parents to try to enroll their children in all-white schools. All of the parents’ requests were refused, including that of Oliver Brown. He was told that his daughter could not attend the nearby white school and instead would have to enroll in an African American school far from her home. The NAACP subsequently filed a class-action lawsuit. While it claimed that the education (including facilities, teachers, etc.) offered to African Americans was inferior to that offered to whites, the NAACP’s main argument was that segregation by its nature was a violation of the Fourteenth Amendment’s equal protection clause. A U.S. district court heard Brown v. Board of Education in 1951, and it ruled against the plaintiffs. While sympathetic to some of the plaintiffs’ claims, it determined that the schools were similar, and it cited the precedent set by Plessy and Gong Lum v. Rice (1927), which upheld the segregation of Asian Americans in grade schools. The NAACP then appealed to the U.S. Supreme Court.

Davis v. County School Board of Prince Edward County

In October 1952 the Court consolidated Brown with three other class-action school-segregation lawsuits filed by the NAACP: Briggs v. Elliott (1951) in South Carolina, Davis v. County School Board of Prince Edward County (1952) in Virginia, and Gebhart v. Belton (1952) in Delaware; there was also a fifth case that was filed independently in the District of Columbia, Bolling v. Sharpe (1951). As with Brown, U.S. district courts had decided against the plaintiffs in Briggs and Davis, ruling on the basis of Plessy that they had not been deprived of equal protection because the schools they attended were comparable to the all-white schools or would become so upon the completion of improvements ordered by the district court. In Gebhart, however, the Delaware Supreme Court affirmed a lower court’s ruling that the original plaintiffs’ right to equal protection had been violated because the African American schools were inferior to the white schools in almost all relevant respects. In Bolling v. Sharpe (1951), a U.S. district court held that school segregation did not violate the due process clause of the Fifth Amendment (the equal protection clause was not relevant since the Fourteenth Amendment only applies to states). The plaintiffs in Brown, Biggs, and Davis appealed directly to the Supreme Court, while those in Gebhart and Bolling were each granted certiorari (a writ for the reexamination of an action of a lower court).

Brown v. Board of Education was argued on December 9, 1952. The attorney for the plaintiffs was Thurgood Marshall, who later became the first African American to serve on the Supreme Court (1967–91). The case was reargued on December 8, 1953, to address the question of whether the framers of the Fourteenth Amendment would have understood it to be inconsistent with racial segregation in public education. The 1954 decision found that the historical evidence bearing on the issue was inconclusive.

What was the major difference in the ruling of Plessy v Ferguson and Brown v. Board of Education?

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Brown v. Board of Education of Topeka was a landmark 1954 Supreme Court case in which the justices ruled unanimously that racial segregation of children in public schools was unconstitutional. Brown v. Board of Education was one of the cornerstones of the civil rights movement, and helped establish the precedent that “separate-but-equal” education and other services were not, in fact, equal at all.

Separate But Equal Doctrine 

In 1896, the Supreme Court ruled in Plessy v. Ferguson that racially segregated public facilities were legal, so long as the facilities for Black people and whites were equal.

The ruling constitutionally sanctioned laws barring African Americans from sharing the same buses, schools and other public facilities as whites—known as “Jim Crow” laws—and established the “separate but equal” doctrine that would stand for the next six decades.

But by the early 1950s, the National Association for the Advancement of Colored People (NAACP) was working hard to challenge segregation laws in public schools, and had filed lawsuits on behalf of plaintiffs in states such as South Carolina, Virginia and Delaware.

In the case that would become most famous, a plaintiff named Oliver Brown filed a class-action suit against the Board of Education of Topeka, Kansas, in 1951, after his daughter, Linda Brown, was denied entrance to Topeka’s all-white elementary schools.

In his lawsuit, Brown claimed that schools for Black children were not equal to the white schools, and that segregation violated the so-called “equal protection clause” of the 14th Amendment, which holds that no state can “deny to any person within its jurisdiction the equal protection of the laws.”

The case went before the U.S. District Court in Kansas, which agreed that public school segregation had a “detrimental effect upon the colored children” and contributed to “a sense of inferiority,” but still upheld the “separate but equal” doctrine.

READ MORE: The Family That Fought School Segregation 8 Years Before Brown v. Board of Ed

Brown v. Board of Education Verdict

When Brown’s case and four other cases related to school segregation first came before the Supreme Court in 1952, the Court combined them into a single case under the name Brown v. Board of Education of Topeka. 

Thurgood Marshall, the head of the NAACP Legal Defense and Educational Fund, served as chief attorney for the plaintiffs. (Thirteen years later, President Lyndon B. Johnson would appoint Marshall as the first Black Supreme Court justice.)

At first, the justices were divided on how to rule on school segregation, with Chief Justice Fred M. Vinson holding the opinion that the Plessy verdict should stand. But in September 1953, before Brown v. Board of Education was to be heard, Vinson died, and President Dwight D. Eisenhower replaced him with Earl Warren, then governor of California.

Displaying considerable political skill and determination, the new chief justice succeeded in engineering a unanimous verdict against school segregation the following year.

In the decision, issued on May 17, 1954, Warren wrote that “in the field of public education the doctrine of ‘separate but equal’ has no place,” as segregated schools are “inherently unequal.” As a result, the Court ruled that the plaintiffs were being “deprived of the equal protection of the laws guaranteed by the 14th Amendment.”

Little Rock Nine

In its verdict, the Supreme Court did not specify how exactly schools should be integrated, but asked for further arguments about it.

In May 1955, the Court issued a second opinion in the case (known as Brown v. Board of Education II), which remanded future desegregation cases to lower federal courts and directed district courts and school boards to proceed with desegregation “with all deliberate speed.”

Though well intentioned, the Court’s actions effectively opened the door to local judicial and political evasion of desegregation. While Kansas and some other states acted in accordance with the verdict, many school and local officials in the South defied it.

In one major example, Governor Orval Faubus of Arkansas called out the state National Guard to prevent Black students from attending high school in Little Rock in 1957. After a tense standoff, President Eisenhower deployed federal troops, and nine students—known as the “Little Rock Nine”—were able to enter Central High School under armed guard.

READ MORE: Why Eisenhower Sent the 101st Airborne to Little Rock After Brown v. Board

Impact of Brown v. Board of Education

Though the Supreme Court’s decision in Brown v. Board didn’t achieve school desegregation on its own, the ruling (and the steadfast resistance to it across the South) fueled the nascent civil rights movement in the United States.

In 1955, a year after the Brown v. Board of Education decision, Rosa Parks refused to give up her seat on a Montgomery, Alabama bus. Her arrest sparked the Montgomery bus boycott and would lead to other boycotts, sit-ins and demonstrations (many of them led by Martin Luther King Jr.), in a movement that would eventually lead to the toppling of Jim Crow laws across the South.

Passage of the Civil Rights Act of 1964, backed by enforcement by the Justice Department, began the process of desegregation in earnest. This landmark piece of civil rights legislation was followed by the Voting Rights Act of 1965 and the Fair Housing Act of 1968.

In 1976, the Supreme Court issued another landmark decision in Runyon v. McCrary, ruling that even private, nonsectarian schools that denied admission to students on the basis of race violated federal civil rights laws.

By overturning the “separate but equal” doctrine, the Court’s decision in Brown v. Board of Education had set the legal precedent that would be used to overturn laws enforcing segregation in other public facilities. But despite its undoubted impact, the historic verdict fell short of achieving its primary mission of integrating the nation’s public schools.

Today, more than 60 years after Brown v. Board of Education, the debate continues over how to combat racial inequalities in the nation’s school system, largely based on residential patterns and differences in resources between schools in wealthier and economically disadvantaged districts across the country.

READ MORE: How Dolls Helped Win Brown v. Board of Education

Sources

History – Brown v. Board of Education Re-enactment, United States Courts.
Brown v. Board of Education, The Civil Rights Movement: Volume I (Salem Press).
Cass Sunstein, “Did Brown Matter?” The New Yorker, May 3, 2004.
Brown v. Board of Education, PBS.org.
Richard Rothstein, Brown v. Board at 60, Economic Policy Institute, April 17, 2014.

What was the major difference in the ruling of Plessy v Ferguson and Brown v. Board of Education?