More than two dozen judicial nominees have declined to endorse the landmark Supreme Court decision that ended legalized school segregation
By Laura Meckler and Laura Meckler Reporter covering national education policy and trends, and the Education Department Email Bio Follow Robert Barnes Robert Barnes Reporter covering the U.S. Supreme Court Email Bio Follow May 16 at 7:28 PM For months, a Democratic senator has been asking Trump judicial nominees what appears to be a straightforward question: Was Brown v.
That decision, announced 65 years ago Friday, is widely seen as one of the Supreme Court’s greatest moments, with the court’s unanimity sending a powerful message to a segregated nation. Blumenthal, who regularly asks Trump district and circuit court nominees about Brown, said he assumes they are acting on orders from the White House not to give an opinion about any case on the books.Some conservatives say judicial nominees are right to avoid the question, suspecting that Democrats are trying to force nominees down a politically dangerous path.
The NAACP opposed Vitter and other nominees who refuse to affirm Brown. The Leadership Conference on Civil and Human Rights sent a letter to senators urging them to vote no on the 27 nominees it counts who have declined to answer the question. The group identified four nominees who endorsed the decision.
The Supreme Court has been torn over the proper interpretation of Brown: whether it is a mandate for colorblind decision-making or a tool for integrating schools. If well-known, it was not universally well-received. Justice Anthony M. Kennedy joined the majority to invalidate the specific plans, but said he could not go along with Roberts’s broader pronouncements. “Fifty years of experience since Brown v. Board of Education should teach us that the problem before us defies so easy a solution,” Kennedy wrote.
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