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Potential Next Legal Challenge Arises from 4th Circuit Decision if SCOTUS Rules against Racial Preferences
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Camden, South Carolina – Lawyer Tom Mullikin is spearheading an initiative to request a renaming of the landmark case Brown v. Board of Education, which played a pivotal role in dismantling the “separate but equal” doctrine. Mullikin, collaborating with a group advocating for the change, believes that the case should be renamed Briggs v. Elliott after the case filed in May 1950 in Clarendon County, South Carolina. The proposal challenges the traditional naming convention adopted by the Supreme Court when consolidating multiple cases into a single decision.

Mullikin asserts that the Supreme Court’s decision to designate the collective cases as Brown v. Board of Education deviated from established precedents. He argues that there is insufficient evidence in the records to support the adoption of the name Brown v. Board for the case in question. Thurgood Marshall, one of the attorneys involved in the Briggs case, later went on to argue the Brown v. Board of Education case before the Supreme Court. Originally, the plaintiffs in Briggs sought equal educational opportunities, but they subsequently amended their lawsuit to advocate for desegregation.

According to documents sourced from the South Carolina archives and cited by the Post and Courier, the defendant school district was found to be spending $179 per white student while allocating a mere $43 for each Black student. This glaring disparity in resource allocation highlighted the inequities in the education system and further underscored the significance of the Briggs case.

  
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Nathaniel Briggs, son of Harry Briggs, a plaintiff in the Briggs case, is among those supporting the name change. Harry Briggs was terminated from his position as a gas station attendant after signing a petition advocating for equal resources for Black students. The school Harry Briggs’ son attended lacked essential amenities such as indoor plumbing and funding for a school bus. Driven by his life’s mission, Nathaniel Briggs is dedicated to recounting the story and championing the cause for changing the name of the case.

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The effort to rename the case has garnered support from prominent figures, including Cecil Williams, a renowned civil rights photographer from South Carolina. Williams notes that the Supreme Court has never altered the name of a previously decided case. Acknowledging that some may consider the proposal unconventional or far-fetched, he remains committed to the name change, emphasizing that it represents a crucial step in rectifying the appropriation of a marginalized community’s legacy, history, and heritage.

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While the initiative faces potential skepticism and opposition, its underlying objective is to shed light on the Briggs case’s historical significance and honor its pivotal role in advancing civil rights. By requesting a renaming of the case to Briggs v. Elliott, the hope is to reclaim and acknowledge the original case’s essence, amplifying the experiences and struggles of those involved.

How the legal community and the Supreme Court will respond to this unprecedented request remains to be seen. The initiative represents an important conversation about the importance of accurate historical representation and recognition of the individuals and cases that shaped the fight against segregation and discrimination in education. The potential renaming of the case would serve as a powerful statement, reaffirming the significance of the Briggs case and its lasting impact on the pursuit of equal rights and opportunities for all.





 

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