Busing —Not Integration— Opposed:
Invoke Our Color-Blind Constitution to End It  /  Chapter Five

  
77
Busing Advocacy Is Understandable,
but Without Understanding
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provision in the Constitution is indicative of its grand design, and blunts the criticism of its original design.)

    Armed with the Brown decision, counsel for the blacks seeking admission to buses in Montgomery on a nonsegregated basis were able to convince the Court of Appeals (sic) [Three Judge Court] to apply that precedent in Browder v. Gayle. The Supreme Court affirmed Browder, with Brown as its leading citation.

(Browder, of course, did not involve students, but rather black passengers who objected to the governing agency mandating their seating, solely because of their race, to particular seats in the back of buses in Montgomery, Alabama. Browder v. Gayle, 142 F.Supp. 707 (1956). Browder was affirmed by per curiam order in Gayle v. Browder, 352 U.S. 903 (1956), citing Brown as the leading authority. Bolling v. Sharpe, 347 U.S. 497 (1954), which was incorporated into Brown, pointed out that classifications "based solely upon race must be scrutinized with particular care" and are "constitutionally suspect." This aspect of Brown, anti-busing students assert herein, is as applicable to their objections to a judge or school board indefinitely mandating their seating in particular schools, solely on the basis of their race, as it was to the objections of black plaintiffs in Bolling and Browder.)

Part IV, Respecting the Grand Design, of my Daily Journal article on the Constitution, describes the great respect held for the Constitution, which its unique design has inspired, so vital to the transformation of the Brown decision into reality:

    There was powerful opposition to the Brown holding in the states which had relied on Plessy in setting up "separate but equal" schools and other public facilities. A constitutional crisis arose in 1957 in one of those states, Arkansas, when its governor, by way of state troopers, stopped nine black students who were about to enter Little Rock's Central High School pursuant to a federal court order desegregating that school. Upon a showing of obstruction of that order, President Eisenhower
     
Plessy Plessy v. Ferguson, 163 U.S.537 (1896)
 
Browder Browder v. Gayle, 142 F.Supp. 707 (1956)
 
Browder Gayle v. Browder, 352 U.S. 903 (1956)
 
Bolling Bolling v. Sharpe, 347 U.S. 497 (1954)
Washington, D.C.
 
Brown I Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)
Topeka, Kansas
  
  Busing: Chapter 5, pages 67 - 80 — PreviousNext
  
Busing —Not Integration— Opposed
Invoke our Color-Blind Constitution to End It

A Reasoned Opposition to Race-Based
Affirmative Action in Public Schools
by Elmer Enstrom, Jr.
Contents
History of the 30-year Carlin affirmative action lawsuit:
a pro bono case history of applying Constitutional principles.
  
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