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Rule of Law

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The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann Jan 2005

The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen J. Ellmann

Articles & Chapters

How did Justice Stanley Reed come to join the Supreme Court's unanimous decision in Brown v. Board ofEducation? It is clear from the historical record that Reed's first inclination was to uphold the constitutionality of racially segregated education, and clear as well that in the end he put this inclination aside and joined, without any public qualification, in the Court's decision banning segregation. Perhaps Reed changed his mind about the meaning of the constitution; perhaps he changed his mind about the legitimacy of judges' making social policy in the name of the constitution; perhaps he decided to ...