The Lawfulness of the Segregation Decisions

Charles L. Black

64 citations0/0 files storedThe Yale Law Journal

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Judicial and Constitutional Studies American Constitutional Law and Politics Law, Rights, and Freedoms

Abstract

If the cases outlawing segregation were wrongly decided, then they oughtto be overruled. One can go further: if dominant professional opinion everforms and settles on the belief that they were wrongly decided, then they willbe overruled, slowly or all at once, openly or silently. The insignificant error,however palpable, can stand, because the convenience of settlement outweighsthe discomfort of error. But the hugely consequential error cannot stand anddoes not stand.

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