Controversy
Some scholars have argued that the Court's decision in Bolling should have been reached on other grounds. For example, Judge Michael W. McConnell of the United States Court of Appeals for the Tenth Circuit wrote that Congress never "required that the schools of the District of Columbia be segregated." According to that rationale, the segregation of schools in Washington D.C. was unauthorized and therefore illegal.
In a debate, law professors Cass Sunstein and Randy Barnett agreed that while the result was desirable, Bolling does not reconcile with the Constitution, with Barnett saying: "You are right to point out that the Supreme Court's decision in Bolling v. Sharpe is very difficult to reconcile with the text of the Constitution. For this reason, you know that among constitutional scholars of all stripes Bolling is one of the most controversial and difficult cases ever decided by the Court."
Read more about this topic: Bolling V. Sharpe
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