Even landmark rulings leave their core principle disputed and unenforced until further litigation.

Evidence

Brown v. Board of Education is probably the Supreme Court’s most celebrated ruling. Before Brown, the Supreme Court’s record on racial injustice was best exemplified by the infamous Dred Scott case and by Plessy v. Ferguson (1896), in which the Court upheld racial segregation under the doctrine of “separate but equal.”* In Brown, the Court repudiated its dismal past and enshrined racial equality as a fundamental constitutional principle. Proclamation of this principle, however, did not dispel disagreement about its meaning or ensure its acceptance. — G. Alan Tarr, Judicial Process and Judicial…, 2938

Categorization

• DEFINE: Defines the ‘separate but equal’ doctrine established in Plessy that Brown repudiated.
• XREF: Connects to ch8 claim that courts lack power to dictate policy and depend on political support — Brown’s enforcement gap illustrates this. — connects to: Courts change policy through five distinct incremental mechanisms rather than just landmark rulings — G. Alan Tarr, Judicial Process and Judicial…, 3171; Vague judicial mandates expand lower judges’ discretion to limit rulings — G. Alan Tarr, Judicial Process and Judicial…, 3188; Controversial rulings shift debates rather than settle them — G. Alan Tarr, Judicial Process and Judicial…, 3363 (+1 more)

Broader Connections

• Controversial rulings shift debates rather than settle them #corroborates (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 3363
• Fragmented Supreme Court majorities complicate lower courts’ interpretation of rulings #exemplifies (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 1570