Almost fifty years ago, Thurgood Marshall looked upon the work of his staff with disappointment. He was preparing to argue for a second time before the Supreme Court in Brown v. Board of Education (Brown J), and the brief William Ming, Jr., and Alfred Kelly had prepared was lacking. It argued that the framers of the Fourteenth Amendment were sufficiently idealistic to intend that all racial discrimination on the part of the states, including segregation, would be rendered illegal under the Equal Protection Clause. The problem was that the brief was unpersuasive and vague; "there was nothing concrete in it.",
Aaron J. Walker,
"No Distinction Would Be Tolerated": Thaddeus Stevens, Disability, and the Original Intent of the Equal Protection Clause,
Yale L. & Pol'y Rev.
Available at: https://digitalcommons.law.yale.edu/ylpr/vol19/iss1/19