The landmark Brown v. Board of Education case
1) was an unconstitutional decision since the feds are constitutionally limited to the power of ONLY OVERTURNING STATE SEGREGATION LAWS. The feds have NO say-so in forcing private segregation or forcing integration.
2) DID NOT constitutionally become national law - it only affected the parties of the case and any other cases with the same questions of law and fact. The Constitution limits national lawmaking to Congress and ONLY Congress.
The interesting thing here to me is the background, with which I wasn’t really familiar. The black people of Topeka had no (or very little) interest in integration - it was pushed on them by the NAACP.
The Warren Court did not have nine votes to overturn segregation as a general matter. It may not have had a majority to do so. The court did NOT overturn Plessy v. Ferguson in 1954, I'm not sure it has been overturned as of 2018 (although it is moot if the Civil Rights Act of 1964 is Constitutional).
The court ordered schools integrated because of "recent discoveries in psychological research" which supposedly proved that schools without whites were "inherently inferior" because they created a psychological stigma for students who went to them.
Nothing unconstitutional about it. All it did was wipe out the obscenity that was decided by a dem laden court called Plessy v. Ferguson
IF you knew your history you would know that there were states that separate but equal was already outlawed and other states it was never practiced. The dem south controlled by KKK members and fellow sympathizers were the ones practicing this nonsense
The congress writes statutory law. Courts can and do make common law.