Scalia and Brown

[Leslie Goldstein]

given racial sentiment in the U.S. i do not accept that there COULD be
no subordination  of the minority race.  I would expect better
facilities , supplies and teachers to be given to the black schools in
your hypo.
LFG

"DAVID E. BERNSTEIN" wrote:
>
> Just out of curiosity, is anyone willing to argue that racial
> segregation was properly held to be constitutionally illegitimate in
> Brown because it was used to subordinate African Americans, but that if
> the vast majority of voters of both races today in a majority African
> American city such as Detroit voted to segregate schools, that no
> subordination would be involved so there would be no violation of equal
> protection?
>
> David E. Bernstein
> Associate Professor
> George Mason University
> School of Law
> 3401 N. Fairfax Drive
> Arlington, VA 22201
> (703) 993-8089
> dbernste at wpgate.gmu.edu
> <http://members.aol.com/deliotb/home.html>