For the first time since the Reconstruction Era, the Court’s ruling focused national attention on the subjugation of Black Americans. The result? The growth of the nascent civil rights movement, which would doggedly challenge segregation and demand legal equality for Black families through boycotts, sit-ins, freedom rides and voter-registration drives.
The Brown verdict inspired Southern Blacks to defy restrictive and punitive Jim Crow laws, however, the ruling also galvanized Southern whites in defense of segregation—including the infamous standoff at a high school in Little Rock, Arkansas in 1957. Violence against civil-rights activists escalated, outraging many in the North and abroad, helping to speed up the passage of major civil-rights and voting rights legislation by the mid-1960s.
Finally, in 1964, two provisions within the Civil Rights Act effectively gave the federal government the power to enforce school desegregation for the first time: The Justice Department could sue schools that refused to integrate, and the government could withhold funding from segregated schools. Within five years after the act took effect, nearly a third of Black children in the South attended integrated schools, and that figure reached as high as 90 percent by 1973.
Brown v. Board Impact and Legacy
Seventy years after the landmark ruling, assessing its impact remains a complicated endeavor. The Court’s verdict fell short of initial hopes that it would end school segregation in America for good, and some argued that larger social and political forces within the nation played a far greater role in ending segregation.
Both conservative and liberal Supreme Court justices have claimed the legacy of Brown v. Board to argue different sides in the constitutional debate. In 2007, the Court ruled 5-4 against allowing public schools to take race into account in their admission policies in order to achieve or maintain integration.
Chief Justice John Roberts, writing for the majority, asserted: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” And in a dissenting opinion, Justice John Paul Stevens wrote that the ruling “rewrites the history of one of this court’s most important decisions.”
The legacy of Brown v. Board has also echoed in rulings over college admission policies. In 2022, in a 6-3 decision, the Court struck down affirmative action admissions programs at Harvard University and the University of North Carolina at Chapel Hill, ruling that colleges may not use race as a deciding factor in admissions. The Court's majority opinion, again written by Chief Justice Roberts, held that race-conscious admissions programs violated the Equal Protection Clause of the 14th Amendment.
In her dissenting opinion, Justice Sonia Sotomayor wrote, “The Court subverts the constitutional guarantee of equal protection by further entrenching racial inequality in education, the very foundation of our democratic government and pluralistic society.”
Continued Segregation in Schools
School segregation persists in America today, largely because many of the neighborhoods in which schools are still located are themselves segregated. Despite the passage of the Fair Housing Act in 1968 and later judicial decisions making racial discrimination illegal, exclusionary economic-zoning laws still bar low-income and working-class Americans from many neighborhoods, which in many cases reduces their access to higher quality schools.
According to a U.S. Government and Accountability Office Report, released in July 2022, more than a third of students (around 18.5 million students) attended schools where 75 percent or more of the student body was the same race or ethnicity.