Judicial Decision Making Analysis: Brown vs. Board of Education

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Judicial Decision Making Analysis: Brown v. Board of Education Background In Plessy v. Ferguson (1896) the United States Supreme Court upheld racial segregation of passengers in railroad coaches as required by Louisiana law. Three years later the Supreme Court was asked to review its first school case dealing with equal treatment of school children. In Cumming v. Richmond County Board of Education (1899) the court found that the temporary cessation of services for minority high-school children did not violate equal protection even though services continued at the high-school for Caucasian children. The Court reasoned that the closing of the school was based on economic considerations, and was not found to represent bad faith or an abuse of discretion. The court concluded that although all must share the burdens and receive the benefits of taxation, school finance was a matter belonging to the states and federal interference without a clear and unmistakable disregard for constitutional rights would be inappropriate (Cambron-McCabe, McCarthy, & Thomas, 2004). Brown v. Board of Education began in 1951 when Linda Brown's father, Oliver, and thirteen other parents tried to enroll their children in the local white schools in the summer of 1950 but were turned down because they were African Americans and told they must attend one of the four schools in the city for African American children. At the time of the lawsuit there was a disparity in the resources allotted to the

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