By Justin Driver
March 15, 2025, 7:30 AM ET
Photo-Illustration by Mark Harris. Sources: Sean De Burca / Getty; National Archives.
On May 17, 1954, a nervous 45-year-old lawyer named Thurgood Marshall took a seat in the Supreme Court’s gallery. The founder and director of the NAACP Legal Defense and Educational Fund hoped to learn that he had prevailed in his pivotal case. When Chief Justice Earl Warren announced the Court’s opinion in Brown v. Board of Education, Marshall could not have known that he had also won what is still widely considered the most significant legal decision in American history. Hearing Warren declare “that in the field of public education the doctrine of ‘separate but equal’ has no place” delivered Marshall into a state of euphoria. “I was so happy, I was numb,” he said. After exiting the courtroom, he joyously swung a small boy atop his shoulders and galloped around the austere marble hall. Later, he told reporters, “It is the greatest victory we ever had.”
For Marshall, the “we” who triumphed in Brown surely referred not only, or even primarily, to himself and his Legal Defense Fund colleagues, but to the entire Black race, on whose behalf they’d toiled. And Black Americans did indeed find Brown exhilarating. Harlem’s Amsterdam News, echoing Marshall, called Brown “the greatest victory for the Negro people since the Emancipation Proclamation.” W. E. B. Du Bois stated, “I have seen the impossible happen. It did happen on May 17, 1954.” When Oliver Brown learned of the outcome in the lawsuit bearing his surname, he gathered his family near, and credited divine providence: “Thanks be to God for this.” Martin Luther King Jr. encouraged Montgomery’s activists in 1955 by invoking Brown: “If we are wrong, then the Supreme Court of this nation is wrong. If we are wrong, the Constitution of the United States is wrong. If we are wrong, God Almighty is wrong.” Many Black people viewed the opinion with such awe and reverence that for years afterward, they threw parties on May 17 to celebrate Brown’s anniversary.
Over time, however, some began questioning what exactly made Brown worthy of celebration. In 1965, Malcolm X in his autobiography voiced an early criticism of Brown: It had yielded precious little school desegregation over the previous decade. Calling the decision “one of the greatest magical feats ever performed in America,” he contended that the Court’s “masters of legal phraseology” had used “trickery and magic that told Negroes they were desegregated—Hooray! Hooray!—and at the same time … told whites ‘Here are your loopholes.’ ”
Read: The children who desegregated America’s schools
But that criticism paled in comparison with the anti-Brown denunciation in Stokely Carmichael and Charles Hamilton’s Black Power: The Politics of Liberation two years later. They condemned not Brown’s implementation, but its orientation. The fundamental aim of integration must be abandoned because it was driven by the “assumption that there is nothing of value in the black community,” they maintained.
Although Black skeptics of the integration ideal originated on the far left, Black conservatives—including the economist Thomas Sowell—have more recently ventured related critiques. The most prominent example is Marshall’s successor on the Supreme Court, Justice Clarence Thomas. In 1995, four years after joining the Court, Thomas issued a blistering opinion that opened, “It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior.”
Desperate efforts to promote school integration, Thomas argued, stemmed from the misperception that identifiably Black schools were somehow doomed to fail because of their racial composition. “There is no reason to think that black students cannot learn as well when surrounded by members of their own race as when they are in an integrated environment,” he wrote. Taking a page from Black Power’s communal emphasis, Thomas argued that “black schools can function as the center and symbol of black communities, and provide examples of independent black leadership, success, and achievement.” In a 2007 opinion, he extolled Washington, D.C.’s all-Black Dunbar High School—which sent dozens of graduates to the Ivy League and its ilk during the early 20th century—as a paragon of Black excellence.
In the 2000s, as Brown crept toward its 50th anniversary, Derrick Bell of the NYU School of Law went so far as to allege that the opinion had been wrongly decided. For Bell, who had sharpened his skills as an LDF lawyer, Brown’s “integration ethic centralizes whiteness. White bodies are represented as somehow exuding an intrinsic value that percolates into the ‘hearts and minds’ of black children.” Warren’s opinion in the case should have affirmed Plessy v. Ferguson’s “separate but equal” regime, Bell wrote, but it should have insisted on genuine equality of expenditures, rather than permitting the sham equality of yore that consigned Black students to shoddy classrooms in dilapidated buildings. He acknowledged, though, that his jaundiced account put him at odds with dominant American legal and cultural attitudes: “The Brown decision,” he noted, “has become so sacrosanct in law and in the beliefs of most Americans that any critic is deemed wrongheaded, even a traitor to the cause.”
In her New Book, Integrated: How American Schools Failed Black Children, Noliwe Rooks adds to a growing literature that challenges the portrayal of the decision as “a significant civil rights–era win.” Rooks, the chair of the Africana-studies department at Brown University, offers an unusual blend of historical examination and family memoir that generally amplifies the concerns articulated by prior desegregation discontents. The result merits careful attention not for its innovative arguments, but as an impassioned, arresting example of how Brown skepticism, which initially gained traction on the fringes of Black life, has come to hold considerable appeal within the Black intellectual mainstream.
As recently as midway through the first Trump administration, Rooks would have placed herself firmly in the traditional pro-Brown camp, convinced that addressing racial inequality in education could best be pursued through integration. But traveling a few years ago to promote a book that criticized how private schools often thwart meaningful racial integration, she repeatedly encountered audience members who disparaged her core embrace of integration. Again and again, she heard from Black parents that “the trauma their children experienced in predominantly white schools and from white teachers was sometimes more harmful than the undereducation occurring in segregated schools.”
From the May 2018 issue: The report on race that shook America
The onslaught dislodged Rooks’s faith in the value of contemporary integration, and even of Brown itself. She now exhibits the convert’s zeal. Brown, she writes, should be viewed as “an attack on Black schools, politics, and communities, which meant it was an attack on the pillars of Black life.” For some Black citizens, the decision acted as “a wrecking ball that crashed through their communities and, like a pendulum, continues to swing.”
Rooks emphasizes the plight of Black educators, who disproportionately lost their positions in Brown’s aftermath because of school consolidations. Before Brown, she argues, “Black teachers did not see themselves as just teaching music, reading, or science, but also as activists, organizers, and freedom fighters who dreamed of and fought for an equitable world for future generations”; they served as models who showed “Black children how to fight for respect and societal change.”
Endorsing one of Black Power’s analogies, she maintains that school integration meant that “as small a number as possible of Black children were, like pepper on popcorn, lightly sprinkled atop wealthy, white school environments, while most others were left behind.” Even for those ostensibly fortunate few flecks of pepper, Rooks insists, providing the white world’s seasoning turned out to be a highly uncertain, dangerous endeavor. She uses her father’s disastrous experiences with integration to examine what she regards as the perils of the entire enterprise. After excelling in all-Black educational environments, including as an undergraduate at Howard University, Milton Rooks became one of a very small number of Black students to enroll at the Golden Gate University School of Law in the early 1960s.
Sent by his hopeful parents “over that racial wall,” Milton encountered hostility from white professors, who doubted his intellectual capacity, Rooks recounts, and “spit him back up like a piece of meat poorly digested.” She asserts that the ordeal not only prompted him to drop out of law school but also spurred his descent into alcoholism. Rooks extrapolates further, writing:
The harms that contemporary integrated educational environments inflict upon Black students can be tantamount, in her view, to the harms imposed upon the many Black students who are forced to attend monoracial, woeful urban high schools. To make this point, Rooks recounts her own struggle to correct the misplacement of her son, Jelani, in a low-level math class in Princeton, New Jersey’s public-school system during the aughts (when she taught at Princeton University). She witnessed other Black parents meet with a similar lack of support in guiding their children to the academically demanding courses that could propel them to elite colleges. In Jelani’s case, she had evidence that teachers’ “feelings were hardening against him.” He led a life of relative safety and economic privilege, and felt at ease among his white classmates and friends, she allows, even as she also stresses that what he “experienced wasn’t the violence of poverty; it was something else equally devastating”:
Frustrated with Princeton’s public schools, Rooks eventually enrolled Jelani in an elite private high school where, she notes, he also endured racial harassment—and from which he graduated before making his way to Amherst College.
seven decades have now elapsed since the Supreme Court’s decision in Brown. Given the stubbornly persistent phenomenon of underperforming predominantly Black schools throughout the nation, arguing that Brown’s potential has been fully realized would be absurd. Regrettably, the Warren Court declined to advance the most powerful conception of Brown when it had the opportunity to do so: Its infamously vague “all deliberate speed” approach allowed state and local implementation to be delayed and opposed for far too long. In its turn, the Burger Court provided an emaciated conception of Brown’s meaning, one that permitted many non-southern jurisdictions to avoid pursuing desegregation programs. Rooks deftly sketches this lamentable, sobering history.
From the May 2014 issue: Segregation now ...
Disenchantment with Brown’s educational efficacy is thus entirely understandable. Yet to suggest that the Supreme Court did not go far enough, fast enough in galvanizing racially constructive change in American schools after Brown is one thing. To suggest that Brown somehow took a wrong turn is quite another.
Rooks does not deny that integration succeeded in narrowing the racial achievement gap. But like other Brown critics, she nevertheless idealizes the era of racial segregation. Near Integrated ’s conclusion, Rooks contends that “too few of us have a memory of segregated Black schools as the beating heart of vibrant Black communities, enabling students to compose lives of harmony, melody, and rhythm and sustained Black life and dignity.” But this claim gets matters exactly backwards. The brave people who bore segregation’s brunt believed that Jim Crow represented an assault on Black life and dignity, and that Brown marked a sea change in Black self-conceptions.
Desegregation’s detractors routinely elevate the glory days of D.C.’s Dunbar High School, but they refuse to heed the lessons of its most distinguished graduates. Charles Hamilton Houston—Dunbar class of 1911, who went on to become valedictorian at Amherst and the Harvard Law Review’s first Black editor—nevertheless dedicated his life to eradicating Jim Crow as an NAACP litigator and Thurgood Marshall’s mentor in his work contesting educational segregation. Sterling A. Brown—Dunbar class of 1918, who graduated from Williams College before becoming a distinguished poet and professor—nevertheless wrote the following in 1944, one decade before Brown:
Much as they valued having talented, caring teachers, these men understood racial segregation intimately, and they detested it.
In the 1990s, Nelson B. Rivers III, an unheralded NAACP official from South Carolina, memorably heaved buckets of cold water on those who were beginning to wonder, “ Was integration the right thing to do? Was it worth it? Was Brown a good decision?” Rivers dismissed such questions as “asinine,” and continued:
Nostalgia for the pre-Brown era would not exercise nearly so powerful a grip on Black America today if its adherents focused on its detailed, pervasive inhumanities rather than relying on gauzy glimpses.
No one has pressed this point more vividly than Robert L. Carter, who worked alongside Marshall at the LDF before eventually becoming a distinguished federal judge. He understood that to search for Brown’s impact exclusively in the educational domain is mistaken. Instead, he emphasized that Brown fomented a broad-gauge racial revolution throughout American public life. Despite Chief Justice Warren formally writing the opinion to apply exclusively to education, its attack on segregation has—paradoxically—been most efficacious beyond that original context.
From the October 1967 issue: Jonathan Kozol’s ‘Where Ghetto Schools Fail’
“The psychological dimensions of America’s race relations problem were completely recast” by Brown, Carter wrote. “Blacks were no longer supplicants seeking, pleading, begging to be treated as full-fledged members of the human race; no longer were they appealing to morality, to conscience, to white America’s better instincts,” he noted. “They were entitled to equal treatment as a right under the law; when such treatment was denied, they were being deprived—in fact robbed—of what was legally theirs. As a result, the Negro was propelled into a stance of insistent militancy.”
Even within the educational sphere, though, it is profoundly misguided to claim that Black students who attend solid, meaningfully integrated schools encounter environments as corrosive as, or worse than, those facing students trapped in ghetto schools. This damned-if-you-do, damned-if-you-don’t analysis suggests an entire cohort stuck in the same boat, when its many members are not even in the same ocean. The Black student marooned in a poor and violent neighborhood, with reason to fear actual murder, envies the Black student attending a rigorous, integrated school who worries about metaphorical “soul murder.” All struggles are not created equal.
Source (Archive)
March 15, 2025, 7:30 AM ET
Photo-Illustration by Mark Harris. Sources: Sean De Burca / Getty; National Archives.
On May 17, 1954, a nervous 45-year-old lawyer named Thurgood Marshall took a seat in the Supreme Court’s gallery. The founder and director of the NAACP Legal Defense and Educational Fund hoped to learn that he had prevailed in his pivotal case. When Chief Justice Earl Warren announced the Court’s opinion in Brown v. Board of Education, Marshall could not have known that he had also won what is still widely considered the most significant legal decision in American history. Hearing Warren declare “that in the field of public education the doctrine of ‘separate but equal’ has no place” delivered Marshall into a state of euphoria. “I was so happy, I was numb,” he said. After exiting the courtroom, he joyously swung a small boy atop his shoulders and galloped around the austere marble hall. Later, he told reporters, “It is the greatest victory we ever had.”
For Marshall, the “we” who triumphed in Brown surely referred not only, or even primarily, to himself and his Legal Defense Fund colleagues, but to the entire Black race, on whose behalf they’d toiled. And Black Americans did indeed find Brown exhilarating. Harlem’s Amsterdam News, echoing Marshall, called Brown “the greatest victory for the Negro people since the Emancipation Proclamation.” W. E. B. Du Bois stated, “I have seen the impossible happen. It did happen on May 17, 1954.” When Oliver Brown learned of the outcome in the lawsuit bearing his surname, he gathered his family near, and credited divine providence: “Thanks be to God for this.” Martin Luther King Jr. encouraged Montgomery’s activists in 1955 by invoking Brown: “If we are wrong, then the Supreme Court of this nation is wrong. If we are wrong, the Constitution of the United States is wrong. If we are wrong, God Almighty is wrong.” Many Black people viewed the opinion with such awe and reverence that for years afterward, they threw parties on May 17 to celebrate Brown’s anniversary.
Over time, however, some began questioning what exactly made Brown worthy of celebration. In 1965, Malcolm X in his autobiography voiced an early criticism of Brown: It had yielded precious little school desegregation over the previous decade. Calling the decision “one of the greatest magical feats ever performed in America,” he contended that the Court’s “masters of legal phraseology” had used “trickery and magic that told Negroes they were desegregated—Hooray! Hooray!—and at the same time … told whites ‘Here are your loopholes.’ ”
Read: The children who desegregated America’s schools
But that criticism paled in comparison with the anti-Brown denunciation in Stokely Carmichael and Charles Hamilton’s Black Power: The Politics of Liberation two years later. They condemned not Brown’s implementation, but its orientation. The fundamental aim of integration must be abandoned because it was driven by the “assumption that there is nothing of value in the black community,” they maintained.
Although Black skeptics of the integration ideal originated on the far left, Black conservatives—including the economist Thomas Sowell—have more recently ventured related critiques. The most prominent example is Marshall’s successor on the Supreme Court, Justice Clarence Thomas. In 1995, four years after joining the Court, Thomas issued a blistering opinion that opened, “It never ceases to amaze me that the courts are so willing to assume that anything that is predominantly black must be inferior.”
Desperate efforts to promote school integration, Thomas argued, stemmed from the misperception that identifiably Black schools were somehow doomed to fail because of their racial composition. “There is no reason to think that black students cannot learn as well when surrounded by members of their own race as when they are in an integrated environment,” he wrote. Taking a page from Black Power’s communal emphasis, Thomas argued that “black schools can function as the center and symbol of black communities, and provide examples of independent black leadership, success, and achievement.” In a 2007 opinion, he extolled Washington, D.C.’s all-Black Dunbar High School—which sent dozens of graduates to the Ivy League and its ilk during the early 20th century—as a paragon of Black excellence.
In the 2000s, as Brown crept toward its 50th anniversary, Derrick Bell of the NYU School of Law went so far as to allege that the opinion had been wrongly decided. For Bell, who had sharpened his skills as an LDF lawyer, Brown’s “integration ethic centralizes whiteness. White bodies are represented as somehow exuding an intrinsic value that percolates into the ‘hearts and minds’ of black children.” Warren’s opinion in the case should have affirmed Plessy v. Ferguson’s “separate but equal” regime, Bell wrote, but it should have insisted on genuine equality of expenditures, rather than permitting the sham equality of yore that consigned Black students to shoddy classrooms in dilapidated buildings. He acknowledged, though, that his jaundiced account put him at odds with dominant American legal and cultural attitudes: “The Brown decision,” he noted, “has become so sacrosanct in law and in the beliefs of most Americans that any critic is deemed wrongheaded, even a traitor to the cause.”
In her New Book, Integrated: How American Schools Failed Black Children, Noliwe Rooks adds to a growing literature that challenges the portrayal of the decision as “a significant civil rights–era win.” Rooks, the chair of the Africana-studies department at Brown University, offers an unusual blend of historical examination and family memoir that generally amplifies the concerns articulated by prior desegregation discontents. The result merits careful attention not for its innovative arguments, but as an impassioned, arresting example of how Brown skepticism, which initially gained traction on the fringes of Black life, has come to hold considerable appeal within the Black intellectual mainstream.
As recently as midway through the first Trump administration, Rooks would have placed herself firmly in the traditional pro-Brown camp, convinced that addressing racial inequality in education could best be pursued through integration. But traveling a few years ago to promote a book that criticized how private schools often thwart meaningful racial integration, she repeatedly encountered audience members who disparaged her core embrace of integration. Again and again, she heard from Black parents that “the trauma their children experienced in predominantly white schools and from white teachers was sometimes more harmful than the undereducation occurring in segregated schools.”
From the May 2018 issue: The report on race that shook America
The onslaught dislodged Rooks’s faith in the value of contemporary integration, and even of Brown itself. She now exhibits the convert’s zeal. Brown, she writes, should be viewed as “an attack on Black schools, politics, and communities, which meant it was an attack on the pillars of Black life.” For some Black citizens, the decision acted as “a wrecking ball that crashed through their communities and, like a pendulum, continues to swing.”
Rooks emphasizes the plight of Black educators, who disproportionately lost their positions in Brown’s aftermath because of school consolidations. Before Brown, she argues, “Black teachers did not see themselves as just teaching music, reading, or science, but also as activists, organizers, and freedom fighters who dreamed of and fought for an equitable world for future generations”; they served as models who showed “Black children how to fight for respect and societal change.”
Endorsing one of Black Power’s analogies, she maintains that school integration meant that “as small a number as possible of Black children were, like pepper on popcorn, lightly sprinkled atop wealthy, white school environments, while most others were left behind.” Even for those ostensibly fortunate few flecks of pepper, Rooks insists, providing the white world’s seasoning turned out to be a highly uncertain, dangerous endeavor. She uses her father’s disastrous experiences with integration to examine what she regards as the perils of the entire enterprise. After excelling in all-Black educational environments, including as an undergraduate at Howard University, Milton Rooks became one of a very small number of Black students to enroll at the Golden Gate University School of Law in the early 1960s.
Sent by his hopeful parents “over that racial wall,” Milton encountered hostility from white professors, who doubted his intellectual capacity, Rooks recounts, and “spit him back up like a piece of meat poorly digested.” She asserts that the ordeal not only prompted him to drop out of law school but also spurred his descent into alcoholism. Rooks extrapolates further, writing:
The harms that contemporary integrated educational environments inflict upon Black students can be tantamount, in her view, to the harms imposed upon the many Black students who are forced to attend monoracial, woeful urban high schools. To make this point, Rooks recounts her own struggle to correct the misplacement of her son, Jelani, in a low-level math class in Princeton, New Jersey’s public-school system during the aughts (when she taught at Princeton University). She witnessed other Black parents meet with a similar lack of support in guiding their children to the academically demanding courses that could propel them to elite colleges. In Jelani’s case, she had evidence that teachers’ “feelings were hardening against him.” He led a life of relative safety and economic privilege, and felt at ease among his white classmates and friends, she allows, even as she also stresses that what he “experienced wasn’t the violence of poverty; it was something else equally devastating”:
Frustrated with Princeton’s public schools, Rooks eventually enrolled Jelani in an elite private high school where, she notes, he also endured racial harassment—and from which he graduated before making his way to Amherst College.
seven decades have now elapsed since the Supreme Court’s decision in Brown. Given the stubbornly persistent phenomenon of underperforming predominantly Black schools throughout the nation, arguing that Brown’s potential has been fully realized would be absurd. Regrettably, the Warren Court declined to advance the most powerful conception of Brown when it had the opportunity to do so: Its infamously vague “all deliberate speed” approach allowed state and local implementation to be delayed and opposed for far too long. In its turn, the Burger Court provided an emaciated conception of Brown’s meaning, one that permitted many non-southern jurisdictions to avoid pursuing desegregation programs. Rooks deftly sketches this lamentable, sobering history.
From the May 2014 issue: Segregation now ...
Disenchantment with Brown’s educational efficacy is thus entirely understandable. Yet to suggest that the Supreme Court did not go far enough, fast enough in galvanizing racially constructive change in American schools after Brown is one thing. To suggest that Brown somehow took a wrong turn is quite another.
Rooks does not deny that integration succeeded in narrowing the racial achievement gap. But like other Brown critics, she nevertheless idealizes the era of racial segregation. Near Integrated ’s conclusion, Rooks contends that “too few of us have a memory of segregated Black schools as the beating heart of vibrant Black communities, enabling students to compose lives of harmony, melody, and rhythm and sustained Black life and dignity.” But this claim gets matters exactly backwards. The brave people who bore segregation’s brunt believed that Jim Crow represented an assault on Black life and dignity, and that Brown marked a sea change in Black self-conceptions.
Desegregation’s detractors routinely elevate the glory days of D.C.’s Dunbar High School, but they refuse to heed the lessons of its most distinguished graduates. Charles Hamilton Houston—Dunbar class of 1911, who went on to become valedictorian at Amherst and the Harvard Law Review’s first Black editor—nevertheless dedicated his life to eradicating Jim Crow as an NAACP litigator and Thurgood Marshall’s mentor in his work contesting educational segregation. Sterling A. Brown—Dunbar class of 1918, who graduated from Williams College before becoming a distinguished poet and professor—nevertheless wrote the following in 1944, one decade before Brown:
Much as they valued having talented, caring teachers, these men understood racial segregation intimately, and they detested it.
In the 1990s, Nelson B. Rivers III, an unheralded NAACP official from South Carolina, memorably heaved buckets of cold water on those who were beginning to wonder, “ Was integration the right thing to do? Was it worth it? Was Brown a good decision?” Rivers dismissed such questions as “asinine,” and continued:
Nostalgia for the pre-Brown era would not exercise nearly so powerful a grip on Black America today if its adherents focused on its detailed, pervasive inhumanities rather than relying on gauzy glimpses.
No one has pressed this point more vividly than Robert L. Carter, who worked alongside Marshall at the LDF before eventually becoming a distinguished federal judge. He understood that to search for Brown’s impact exclusively in the educational domain is mistaken. Instead, he emphasized that Brown fomented a broad-gauge racial revolution throughout American public life. Despite Chief Justice Warren formally writing the opinion to apply exclusively to education, its attack on segregation has—paradoxically—been most efficacious beyond that original context.
From the October 1967 issue: Jonathan Kozol’s ‘Where Ghetto Schools Fail’
“The psychological dimensions of America’s race relations problem were completely recast” by Brown, Carter wrote. “Blacks were no longer supplicants seeking, pleading, begging to be treated as full-fledged members of the human race; no longer were they appealing to morality, to conscience, to white America’s better instincts,” he noted. “They were entitled to equal treatment as a right under the law; when such treatment was denied, they were being deprived—in fact robbed—of what was legally theirs. As a result, the Negro was propelled into a stance of insistent militancy.”
Even within the educational sphere, though, it is profoundly misguided to claim that Black students who attend solid, meaningfully integrated schools encounter environments as corrosive as, or worse than, those facing students trapped in ghetto schools. This damned-if-you-do, damned-if-you-don’t analysis suggests an entire cohort stuck in the same boat, when its many members are not even in the same ocean. The Black student marooned in a poor and violent neighborhood, with reason to fear actual murder, envies the Black student attending a rigorous, integrated school who worries about metaphorical “soul murder.” All struggles are not created equal.
Source (Archive)
