Sat, Jun

Why Plessy vs Ferguson Was Better than Brown vs Board of Education


THE VIEW FROM HERE - Those few Americans who recognize the name of the United States Supreme Court Opinion Plessy v. Ferguson 163 U.S. 537 (1896)  know that it upheld the Separate But Equal Doctrine and made segregation legal.  As such people believe it was the most anti-Black Supreme Court decision.  They are 100% wrong. The most anti-Black Supreme Court case was Brown v. Board of Education, 347 U.S. 483 (1954)   and that pernicious case is the basis of the Wokers and their support for Anti-Semitism at home and for the extermination of Jews in Israel. It has also done irreparable harm to Blacks.

The majority opinion in Plessy treated as axiomatic that Blacks had the inalienable rights of life, Liberty, Pursuit of Happiness and Property.  Plessy 163 U.S. at 543, 546 There is no need to debunk majority’s reasoning in Plessy that segregation did not interfere with Blacks’ Liberty since Justice Harlan’s dissent tore the majority’s opinion to shreds. Both the majority opinion and the dissent agreed on one basic point: Blacks had the inalienable and constitutional right of Liberty (freedom).   Only by reading Harlan’s dissent based on Liberty (freedom) Here  and comparing it to the Brown Case can one fully appreciate that Brown is far more anti-Black racist than Plessy.

Why Brown vs Board of Education Is the Supreme Court’s Most Racist Anti-Black Decision

The Brown Decision could simply have stated:

Segregation by race is per se a violation of the inalienable and constitutional right of Liberty and hence unconstitutional. This Court adopts Justice Harlan’s dissent in Plessy.

Instead, Brown did not accord Blacks any inalienable rights and never hinted that Blacks had any inalienable right to liberty, but rather it developed a new doctrine unknown in American constitutional law as Equality of Outcome.  The words Liberty and Freedom do not even appear in the Brown decision. Worst yet, Brown said that it would not discuss Liberty, “This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.” The pertinent part of the 14th Amendment reads “nor shall any State deprive any person of life, liberty, or property, without due process of law.”

The Brown Court’s new doctrine was based sociological and psychological studies which found that segregated schools had an adverse impact on the educational outcomes of Black children.  Full text of Brown Case    (Note: A few years ago, it was easy to find the text of any Supreme Court decision by Google. Now, sites provide a Woke interpretation of Supreme Court decisions. The best I could find was a biased introductory commentary before giving a link to the text of the cases. I will attempt to provide pdfs of both cases in addition to hyper-links)

Brown vs Board of Education Is Racist and Provided the Legal Basis for Woke DEI Racism

Because Brown conditioned the unconstitutionality of segregation by comparing the outcomes between Blacks and Whites, it treated Blacks as less than White Americans. In fact, by withholding the inalienable right of Liberty from Blacks, the Brown Decision found Blacks less than less than “men.”  The Declaration states that “all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men.”  The Constitution’s Preamble states that one of the purposes of the Constitution is to “secure the Blessings of Liberty.”  Remember, Justice Harlan’s 1896 dissent was based solely on Blacks’ inalienable right to Liberty.

Rather than admit that Blacks were fully American or even fully “men,” the Brown Court developed a new constitutional principle – Equality of Outcome between groups.  This new rule allowed for only one reason for Blacks to have less successful outcomes than Whites – White racism.  Of course, the undeniable logic of such reasoning is that if Blacks did better in segregated education, then segregation would be constitutional. (I guess that’s why Boston Mayor Wu has Christmas parties for Coloreds only.) Since Brown requires equality of outcome, if a Black person fails to measure up to the standards by which Whites are judged, she gets to be President of Harvard, not withstanding the fact she is an anti-Semitic racist and multi-times a plagiarist.  Ivy League schools will not be using SAT scores as Blacks do poorly. Thus, Ivy League college admissions will be based the subjective opinion whether an applicant has been oppressed and will be admitted or whether he belongs to an oppressor group and will be denied admission.

Hidden within Brown and Wokeism is the belief that Blacks are inferior to others, and thus, they cannot overcome the impact of discrimination. In fact, Blacks are seen as so inferior that horrible injustices against their ancestors more than 150 years ago justify standards being lowered for Blacks today.

Brown’s rule of Equality of Group Outcome is the legal basis for the wave of Woke anti-Semitism and calls for the extermination of Jews.  In order for the Woke premise that the world is divided into Oppressors and the Oppressed to be true, Jews must be failures.  Instead, Jews are quite successful both in the US and abroad.  As the most historically oppressed group in Western Civilization, Jewish success totally rebuts Wokeism’s core principle – that no one can overcome oppression without the help of Nancy Pelosi, other mavens of Identity Politics, and Democrats in general.  To be successful makes one an Oppressor.

Brown laid the legal foundation to ignore the merit of the individual. In fact, Equality of Outcome has no room for individual character. The group to which one is assigned is all that matters. Under Wokeism, since Jews are successful, they are oppressors and hence evil and need to be exterminated.

Equality of Group Outcomes Has No Place in America and Brown vs Board of Education Needs to Be Rewritten

Although Brown is the most anti-Black racist opinion in US history, it makes money for poverty pimps. Wokers see it as the route to political power.

Wokers have monetized racial polarization, and they, like the German Nazis before them, believe that declaring one group oppressed and another group as oppressors, they can take over the government and usher in their own Thousand Year Reich.  The Nazis did take over the government resulting in the deaths over 100 million people.  In 1930's Germany, few saw the dangers of Nazism and in the 2020's in the United States, few see the dangers of a parallel movement of Wokeism. In the street demonstrations calling for the extermination of Jews, Wokers are far ahead of the Nazis who did not adopt the Final Solution until 1942.

Nor, do Americans heed Martin Niemoller  “. . . Then they came for the Jews, and I did not speak out—because I was not a Jew. ¶ Then they came for me—and there was no one left to speak for me.”  Look about, don’t say, “It cannot happen here,” because it is happening here.

(Richard Lee Abrams has been an attorney, a Realtor and community relations consultant as well as a CityWatch contributor.  The view expressed by Mr. Abrams are his alone and not necessarily those of CityWatchLA.  You may email him at [email protected])