So, we should celebrate #BollingvSharpe but with a profound sense of discontent because 68 years after those 11 Black teens successfully sued to desegregate that DC middle school, not a single White student attends it today.

10/n

Thus, the joint holding of #BrownvBoard & #BollingvSharpe: segregated schools deprive all children—White & Black alike—of equal educational freedom, the freedom to become equal citizens and learn in democratic settings that are inclusive, open to all, and participatory.

9/n

So why don’t we talk about #BollingvSharpe?

Because it has been unfairly derided as a politically contrived decision such that few scholars, and fewer courts, give it any serious attention.
law.bepress.com/cgi/viewcont...

7/n

Chief Justice Earl Warren came close in #BollingvSharpe to recognizing education as “a fundamental liberty guaranteed under the Due Process Clause,” omitting that language only to preserve a unanimous decision.

(Just think how close we came to US constitutional right to education)

6/n

The Supreme Court agreed. In #BollingvSharpe, the Court held that racial segregation in the DC public schools arbitrarily deprived the Black teens “of their liberty in violation of the Due Process Clause.”

5/n