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NEWSBLOGSeptember 13, 2005
Kennedy Invokes New Orleans; Roberts Discusses Brown
The senior senator from Massachusetts invokes the specter of New Orleans as a way to get into questions about equal treatment and Congress's ability to right wrongs.
Roberts says he agrees with Brown.
Kennedy begins to read portions of the decision and asks Roberts whether he concurs. For example: "Was the court right in basing its decision on the real world state of public education in the 1950s versus the state of education as it existed in the 1880s?"
Roberts: "Yes...the nature of public education as an institution wasn't formed...[when the 14th amendment was ratified]."
"The conclusion was that they didn't care if the effects were equal. The genius of the decision was the recognizing of the act of separating the students was where the violation was."
Posted by Marc Ambinder | 11:07 AM
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