Brown II at 70: The Fourteenth Amendment and the Myth of Neutrality episode artwork

EPISODE · Jun 3, 2025 · 29 MIN

Brown II at 70: The Fourteenth Amendment and the Myth of Neutrality

from Justice Above All · host The Legal Defense Fund

This episode of Justice Above All examines how the Supreme Court interpreted the Fourteenth Amendment’s Equal Protection Clause in Brown v. Board of Education (1954), and how today’s legal arguments decontextualize the Amendment’s historical context in which it was ratified—during Reconstruction, to secure full citizenship and legal equality for formerly enslaved Black people.  Today, multiple Supreme Court decisions reflect an inaccurate and ahistorical reading of the Reconstruction Amendments—the Thirteenth, Fourteenth, and Fifteenth—which were enacted to dismantle the legacy of slavery and secure full citizenship and equal protection under the law for all people of African descent.Today's host is Karla McKanders, Director of the Thurgood Marshall Institute. She is in conversation with the following guests: Lynne Adrine: Alumna, Ludlow Elementary School and President, LKA StrategiesJoel Motley: Civil and human rights advocate, filmmaker, and the son of Constance Baker MotleyKenji Yoshino: Chief Justice Earl Warren Professor of Constitutional Law, NYU School of Law and Faculty Director, Meltzer Center for Diversity, Inclusion, and BelongingFor more information on this episode, please visit https://tminstituteldf.org/brown-v-board-ii-fourteenth-amendment-myth-of-neutrality/.This episode was produced by Jakiyah Bradley and Lauren O'Neil. It was hosted by Karla McKanders. Resonate Recordings edited the episode.If you enjoyed this episode please consider leaving a review and helping others find it! To keep up with the work of LDF please visit our website at www.naacpldf.org and follow us on social media at @naacp_ldf. To keep up with the work of the Thurgood Marshall Institute, please visit our website at www.tminstituteldf.org and follow us on Twitter at @tmi_ldf. 

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This episode of Justice Above All examines how the Supreme Court interpreted the Fourteenth Amendment’s Equal Protection Clause in Brown v. Board of Education (1954), and how today’s legal arguments decontextualize the Amendment’s historical context in which it was ratified—during Reconstruction, to secure full citizenship and legal equality for formerly enslaved Black people. Today, multiple Supreme Court decisions reflect an inaccurate and ahistorical reading of the Reconstruction Ame...

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Brown II at 70: The Fourteenth Amendment and the Myth of Neutrality

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