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But let's be clear. If the court decides to strike down the Seattle and Louisville plans, it will not have resolved any "ambiguity" in Brown. Brown unambiguously held that racial apartheid has no place in public schools or elsewhere in public life. The justices who decided Brown and their successors who enforced Brown saw no constitutional equivalence between race-conscious efforts to segregate and race-conscious efforts to integrate public schools.
A contrary holding would mark a novel application of colorblindness in contemporary doctrine—but a regrettable departure from the meaning of Brown.
If the justices rule them unconstitutional, the tenuous advance of equal opportunity could be undermined or even reversed.
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