Thomas, J., concurring
O. T. 1952, No. 1, p. 7 (citation omitted).[1] Embracing that view, the Court held that “in the field of public education the doctrine of ‘separate but equal’ has no place” and “[s]eparate educational facilities are inherently unequal.” Brown, 347 U. S., at 493, 495. Importantly, in reaching this conclusion, Brown did not rely on the particular qualities of the Kansas schools. The mere separation of students on the basis of race—the “segregation complained of,” id., at 495 (emphasis added)—constituted a constitutional injury. See ante, at 12 (“Separate cannot be equal”).
Just a few years later, the Court’s application of Brown made explicit what was already forcefully implied: “[O]ur decisions have foreclosed any possible contention that … a statute or regulation” fostering segregation in public facilities “may stand consistently with the Fourteenth Amendment.” Turner v. Memphis, 369 U. S. 350, 353 (1962) (per curiam); cf. A. Blaustein & C. Ferguson, Desegregation and the Law: The Meaning and Effect of the School Segregation Cases 145 (rev. 2d ed. 1962) (arguing that the Court in Brown had “adopt[ed] a constitutional standard” declaring “that all classification by race is unconstitutional per se”).
Today, our precedents place this principle beyond question. In assessing racial segregation during a race-motivated prison riot, for example, this Court applied strict scrutiny without requiring an allegation of unequal treatment among the segregated facilities. Johnson v. California, 543 U. S. 499, 505–506 (2005). The Court today reaffirms the rule, stating that, following Brown, “[t]he time for
- ↑ Briefing in a case consolidated with Brown stated the colorblind position forthrightly: Classifications “[b]ased [s]olely on [r]ace or [c]olor” “can never be” constitutional. Juris. Statement in Briggs v. Elliott, O. T. 1951, No. 273, pp. 20–21, 25, 29; see also Juris. Statement in Davis v. County School Bd. of Prince Edward Cty., O. T. 1952, No. 191, p. 8 (“Indeed, we take the unqualified position that the Fourteenth Amendment has totally stripped the state of power to make race and color the basis for governmental action. … For this reason alone, we submit, the state separate school laws in this case must fall”).
