“Brown didn’t say that the court ‘cheated’ in Plessy”
I’m not saying the Roberts court cheated in Obamacare, really. I was just borrowing your language.
“its finding of fact was in error”
So SCOTUS was in error. Whatever became of them being right by definition?
“debate about Brown continues (sadly, IMO, but legitimately)”
Why sadly if it’s legitimate? I think Brown was flat out wrong, personally. We must accept silly sociological arguments for what constitutes legitimate state interest since we lost wide ideological agreement on what constitutes just governance. But playing on their field, segregation is not inherently damaging to children. Racially, ethnically, and otherwise homogenously populated schools have proven to outperform in every measurable manner melting pot public schools. Brown was factually mistaken.
“The arguments that won in Brown couldn’t have been made much earlier than 1950”
What’s this now? The Constitution’s meaning changes over time? Or, again, was SCOTUS previously wrong, in which case it is not by definition right?
“It’s important to note how rare such reversals are”
No it isn’t. Or if it is, not for this discussion. It is irrelevant to my point.
“We have to fight it intelligently”
You think nullification is stupid, I know. But what am I to think of that coming from someone who shortly ago was arguing for SCOTUS infallibility?
Or, again, was SCOTUS previously wrong, in which case it is not by definition right?
C'mon, Tublecane, you can do better than this. The Plessy case was grounded in contemporary "racial science." Racial science was all the rage for quite some time (e.g. racist beginnings of Planned Parenthood). For some reason, after WWII it fell out of favor. Reversing a Supreme Court decision is extremely difficult (as it should be), but a fundamental flaw in its finding of fact is one avenue.
Ive been trying to figure out what the ultimate arbiter of constitutionality is, if not the Supreme Court, and I've realized that it's you, some other Freepers and South Carolina. Great to have that cleared up.