In 1987, the Senate resoundingly rejected the nomination of Judge Robert Bork for the Supreme Court because it found his originalist views unacceptable. As a law professor, Bork argued that the meaning of a constitutional provision is fixed when it is adopted and can be changed only by amendment.

In my prior post, I noted that the unconstitutionality of Jim Crow is often mistakenly considered to be identical with the constitutionality of Brown. In this post, I want to note some new evidence that provides additional support for the constitutionality of Brown under the original meaning.