ABSTRACT
The fury and the stubbornness excited by judicial orders to terminate racial segregation are not a product of constitutional theory. This chapter turns to a contention that the Supreme Court's decisions relating to segregation are without equal as examples of judicial ventures into policy-making. The commission had found that original intention and judicial interpretation combined to fix a meaning for the Constitution which made segregation lawful. The Segregation decisions had a social consequence of a vastly different order. They called for a rewriting of state and federal legislation relating to public education. The orders issued in 1955, in the Segregation cases proper, applied only to separate schools for whites and Negroes. The judicial order in abatement of a nuisance, in bankruptcy and corporate reorganization proceedings, and in some other actions in equity has, as respects style, a great deal in common with the nonsegregation orders.
