Published online by Cambridge University Press: 23 July 2013
The historian Charles Payne has described Brown v. Board of Education as “a milestone in search of something to signify.” Widely hailed as a symbol of Jim Crow's demise, the case is popularly understood to represent America at its best. For many, Brown symbolizes the end of segregation, a national condemnation of racism, a renewed commitment to the ideal of color-blind justice, or some combination of all of these, but Brown is equally affirmed in less celebratory narratives, in which it is seen to articulate a constitutional aspiration against which the injustice of current racial practices can be measured. Unlike the celebratory Brown, which indulges a fantasy of completion or accomplishment, this aspirational Brown marks “an appeal to law to make good on its promises” of equal citizenship and racial democracy, even if that promise remains as yet largely unfulfilled.
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17. Parents Involved in Community Schools v. Seattle School District No.1, 127 S.Ct. 2738, 2782, citations removed.
19. Ibid., 2786-7. Chief Justice Roberts takes a similar line, invoking Brown and insisting (somewhat ambiguously) that “history will be heard.” 127 S.Ct. 2738, 2744.
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52. Green v. New Kent County, 391 U.S. 430 (1968); and Swann v. Charlotte-Mecklenburg 402 U.S. 1 (1971).
53. See Lassiter's devastating critique of the distinction: “De Jure/De Facto Segregation: The Long Shadow of a National Myth,” in Lassiter and Crespino, Myth of Southern Exceptionalism (arguing that de facto segregation is equally the product of state action, which was necessary to create the wide-scale residential segregation that drives “de facto” school segregation); See also Orfield, Gary and Eaton, Susan eds., Dismantling Desegregation: The Quiet Reversal of Brown v. Board of Education (New York: The New Press, 1997) 291–330Google Scholar.
54. 413 U.S. 189, 258.
55. Miliken v. Bradley 418 U.S. 717 (1974).
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70. Quoted in Bartley, Rise of Massive Resistance, 132, my emphasis.
71. Congressional Record, 84th Congress Second Session. Vol. 102, part 4 (March 12, 1956) Washington, D.C.: Governmental Printing Office, 1956. 4459–4460.
73. Bartley, Rise of Massive Resistance, 127.
75. Walker, Ghost of Jim Crow, 21.
76. Bartley, Rise of Massive Resistance, 134, my emphasis.
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100. Cooper v. Aaron 358 U.S. 1, 7, my emphasis.
105. Eisenhower's television address is quoted in Bartley, Rise of Massive Resistance, 265.
106. Walker, Jim Crow's Ghost, 160.
107. Klarman, From Jim Crow to Civil Rights, 342.
108. Walker, Jim Crow's Ghost, 160–62.
109. Klarman, From Jim Crow to Civil Rights, 314.
110. Shuttlesworth v. Birmingham Board of Education.
111. Kelley v. Board of Ed. of Nashville; Judge Skelly is quoted in Klarman, From Jim Crow to Civil Rights, 333.
112. Walker, Jim Crow's Ghost.
113. Murakawa, Naomi, “The Origins of the Carceral Crisis: Racial Order as ‘Law and Order’ in postwar American Politics,” in Race and American Political Development, ed. Lowndes, Joseph E., Novkov, Julie, Warren, Dorean T. (New York: Routledge, 2008)Google Scholar, 235, 252. See also, Weaver, Vesla, “Frontlash: Race and the Development of Punitive Crime Policy,” Studies in American Political Development 21 (2007) 230–65CrossRefGoogle Scholar.
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