In a decision that was both wide-ranging and as intensly partisan and activist as Bush v. Gore, the DC Circuit Court of Appeals today delivered an opinion which, in effect, overturns the landmark Supreme Court case of Brown v. Board of Education, which ruled that segregated schools are “inherently unequal”.
OK, I admit it. My first paragraph (and my title) are pure hyperbole. And quasi-snark. But, in many ways, it is true. And, an indication of just how much the decision in Canning v. NLRB (PDF)reflects both judicial activism and partisanship of the worst kind. Follow me below the squiggle as we go down the rabbit hole on this one.