Linda Brown in 1954
Image courtesy Los Angeles Times
Embedded Files
The twenty-one blocks that changed America.
The twenty-one blocks that changed America.
In 1954, a quiet case from Topeka, Kansas shattered the foundation of American segregation. At its heart was a simple question: could separate ever truly be equal?
From classrooms divided by race to the steps of the Supreme Court, witness how a determined group of parents and lawyers challenged a century-old doctrine and forever changed the meaning of equality under the law.
You’ve heard of Brown v. Board of Education. But do you know the courageous story behind it?
America's court system binds lower courts to follow higher courts' precedent.
America's court system binds lower courts to follow higher courts' precedent.
Stare Decisis (Latin for "to stand by things decided") is the foundational principle that courts must follow precedent when making judicial decisions.
Vertical precedent can be seen in the Federal District Court's decision against the Browns and the other plaintiffs despite a compelling case. As past precedent on the matter was dictated by the Supreme Court, the district court was bound to follow higher precedent.
The Doll Test Marshall references in his arguments
Learning Resources
Learning Resources
Who has to follow whose precedent?
Who has to follow whose precedent?
Stare Decisis most often works downward. As we discussed in the last episode, the Supreme Court of the United States is the highest court in the land. Because of this, precedent dictated by the SCOTUS has to be upheld in decisions by any one of the lower courts. This is why the district courts in Brown vs. Board were forced not to rule in favor of the Browns. Only the Supreme Court can overturn its own decisions.
In "super precedent" cases, where decisions are so interwoven into society that they are almost impossible to ignore, stare decisis is especially important. After its passage, Brown Vs. Board became super precedent.
Can only the Supreme Court make precedent?
Can only the Supreme Court make precedent?
No! The concept of vertical hierarchy in courts extends down to lower state and federal courts. A court case is considered precedent when its decision becomes an authority on how to rule on similar cases.
At the state level: The State Supreme Court's precedent must be followed by both appellate courts and state trial courts.
At the federal level: The decisions of the US Courts of Appeal must be followed by US District Courts.
The State Supreme Court dictates precedent for other lower state courts.
The US Court of Appeals dictates precedent for US district courts.
Page updated
Google Sites
Report abuse