The Silent Resurrection of Plessy: The Supreme Court's Acquiescence in the Resegregation of America's Schools

58 Pages Posted: 13 Oct 2012

See all articles by Lisa M. Fairfax

Lisa M. Fairfax

University of Pennsylvania Carey Law School - Institute for Law and Economics; European Corporate Governance Institute (ECGI)

Date Written: 1999

Abstract

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.

Keywords: race relations, segregation, education

Suggested Citation

Fairfax, Lisa M., The Silent Resurrection of Plessy: The Supreme Court's Acquiescence in the Resegregation of America's Schools (1999). Temple Political & Civil Rights Law Review, Vol. 9, 1-57, 1999, GWU Legal Studies Research Paper No. 2012-88, GWU Law School Public Law Research Paper No. 2012-88, Available at SSRN: https://ssrn.com/abstract=2160535

Lisa M. Fairfax (Contact Author)

University of Pennsylvania Carey Law School - Institute for Law and Economics ( email )

3501 Sansom Street
University of Pennsylvania Carey School of Law
Philadelphia, PA 19104
United States
215-746-2243 (Phone)
215-573-2025 (Fax)

HOME PAGE: http://https://www.law.upenn.edu/faculty/fairfaxl

European Corporate Governance Institute (ECGI)

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

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