Seventy years ago, in 1954, the U.S. Supreme Court issued a decision that overturned state laws that required racially separate schools. That decision, the Brown vs. Board of Education decision, is generally considered the accelerant that launched the Civil Rights movement and led to sweeping changes in American law and society.

A few days ago, Justice Clarence Thomas attacked the Brown decision, echoing views of segregationists who always opposed it. In the early decades after the decision, the Supreme Court took an expansive view of Brown. States and school districts not only had to dismantle laws that required racial segregation, they had to demonstrate to the courts that their actions had actually produced racial integration of students and staff.

Over time, the replacement of liberal judges by conservative judges caused the Court to moderate its stand on segregation. It increasingly abandoned its stringent guidelines and withdrew its orders to districts. Districts that were under supervision by the courts are no longer monitored. School segregation has been on the rise.

At long last, a senior justice on the Court said what conservative critics had long espoused: the Court exceeded its authority by striking down state laws that enforced racial segregation. Appointed by President George H.W. Bush, Clarence Thomas has long been a critic of civil rights laws, despite the fact that he is African-American.

Axios reported:

Supreme Court Justice Clarence Thomas issued a strong rebuke of the Brown v. Board of Education ruling on Thursday, suggesting the court overreached its authority in the landmark decision that banned separating schoolchildren by race.

Why it matters: Thomas attacked the Brown decision in a concurrence opinion that allowed South Carolina to keep using a congressional map that critics say discriminated against Black voters.

Driving the news: The court “took a boundless view of equitable remedies” in the Brown ruling, wrote Thomas, who in 1991 replaced Supreme Court Justice Thurgood Marshall — the first Black Supreme Court Justice and the lead lawyer in the Brown case.

  • Those remedies came through “extravagant uses of judicial power” to end racial segregation in the 1950s and 60s, Thomas wrote. 
  • Federal courts have limited power to grant equitable relief, “not the flexible power to invent whatever new remedies may seem useful at the time,” he said, justifying his opinion to keep a predominantly white congressional district in South Carolina.

Zoom out: The U.S. marked the 70th anniversary of the landmark Brown v. Board of Education ruling last week.

  • The 9-0 decision declared the “separate but equal” doctrine unconstitutional and helped usher in the Civil Rights Movement, though it took two decades to dismantle some school segregation policies.

State of play: An Axios review found American public schools are growing more separate and unequal even though the country is more racially and ethnically diverse than ever.

  • Racial segregation in schools across the country has increased dramatically over the last three decades, according to two new reports and an Axios review of federal data.
  • The resegregation of America’s public schools coincides with the rise of charter schools and school choice options and as civil rights groups have turned away from desegregation battles.