The Justices who unanimously issued Brown v. Board of Education |
Sidebar — Old Memo Casts More Doubt on Rehnquist’s View of ‘Separate but Equal’ - NYTimes.com:
by Adam Liptak
"WASHINGTON — In 1952, a young Supreme Court clerk wrote a memorandum that would come to haunt him.
The court was considering Brown v. Board of Education, the great school desegregation case. The question for the justices was hether to overrule Plessy v. Ferguson, the 1896 decision that said “separate but equal” facilities were constitutional.
The memo, prepared for Justice Robert H. Jackson, was written in the first person and bore the clerk’s initials — “WHR,” for William H. Rehnquist"
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