Sixty-five years ago, the Supreme Court ruled unanimously that racial segregation in public schools was unconstitutional, in Brown v. Board of Education, which eventually led to the integration of schools.
In recent months, Donald Trump’s judicial nominees have refused to say the case was rightly decided.
Justice Brett Kavanaugh called Brown “the single greatest moment in Supreme Court history” during his confirmation hearing, but other recent nominees have argued that a legal ethics rule forbids them from commenting on decided cases.
Scholars say there’s no ethical reason they can’t answer the question about Brown. The tactic is seen ...