Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/150

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Cite as: 600 U. S. ____ (2023)
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Sotomayor, J., dissenting

dominant, ruling class of citizens” in the eyes of the law. Id., at 559. In that context, Justice Harlan thus announced his view that “[o]ur constitution is color-blind.” Ibid.

It was not until half a century later, in Brown, that the Court honored the guarantee of equality in the Equal Protection Clause and Justice Harlan’s vision of a Constitution that “neither knows nor tolerates classes among citizens.” Ibid. Considering the “effect[s] of segregation” and the role of education “in the light of its full development and its present place in American life throughout the Nation,” Brown overruled Plessy. 347 U. S., at 492–495. The Brown Court held that “[s]eparate educational facilities are inherently unequal,” and that such racial segregation deprives Black students “of the equal protection of the laws guaranteed by the Fourteenth Amendment.” Id., at 494–495. The Court thus ordered segregated schools to transition to a racially integrated system of public education “with all deliberate speed,” “ordering the immediate admission of [Black children] to schools previously attended only by white children.” Brown v. Board of Education, 349 U. S. 294, 301 (1955).

Brown was a race-conscious decision that emphasized the importance of education in our society. Central to the Court’s holding was the recognition that, as Justice Harlan emphasized in Plessy, segregation perpetuates a caste system wherein Black children receive inferior educational opportunities “solely because of their race,” denoting “inferiority as to their status in the community.” 347 U. S., at 494, and n. 10. Moreover, because education is “the very foundation of good citizenship,” segregation in public education harms “our democratic society” more broadly as well. Id., at 493. In light of the harmful effects of entrenched racial subordination on racial minorities and American democracy, Brown recognized the constitutional necessity of a racially integrated system of schools where education is “available to all on equal terms.” Ibid.