Bolling v. Sharpe

Uh, the Equal Protection Clause was the whole basis for the ruling [laughs].

So in that ruling, in Bolling v. Sharpe, uh, where they couldn't invoke the Equal Protection Clause, they just didn't bother to explain their ruling much at all, [laughs] um, for why they were saying you, you could not segregate.

What legal analysis there was, such as relying on the Fifth Amendment's Due Process Clause, was clearly not the original intent of that amendment, given that the, uh, that amendment dated back to 19- 1790s, when slavery was legal [laughs].

Yet despite the poor to nonexistent legal analysis, Brown is untouchable.