In an appearance at the University of Arizona, Supreme Court Justice Antonin Scalia "said he likely would have dissented from the historic 1954 Brown v. Board of Education decision that declared school segregation illegal and struck down the system of 'separate but equal'; public schools," the East Valley Tribune reports.
"He said that decision, which overturned earlier precedent, was designed to provide an approach the majority liked better."
"I will stipulate that it will,'' Scalia said. But he said that doesn't make it right.
Update: Jack Balkin has video of the event which appears to show the newspaper misquoted Scalia.
Update II: A longtime Political Wire reader emails: "I can corroborate this because I was at the talk yesterday and the Justice never claimed that he would have voted against Brown. He did at one point claim that his originalist approach would have led him to dissent with Harlan in Plessy v. Ferguson."
Taegan D. Goddard is the founder of Political Wire, one of the earliest and most influential political web sites.
Goddard spent more than a decade as managing director and chief operating officer of a prominent investment firm in New York City. Previously, he was a policy adviser to a U.S. Senator and Governor.
Goddard is also co-author of You
Won - Now What? (Scribner, 1998), a political
management book hailed by prominent journalists and politicians from
both parties. In addition, Goddard's essays on politics and public
policy have appeared in dozens of newspapers across the country,
including the Washington Post, USA Today, Boston Globe, San Francisco
Chronicle, Chicago Tribune, Philadelphia Inquirer and Christian Science
Goddard earned degrees from Vassar College and Harvard University. He lives in New York with his wife and three sons.
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