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Although the ruling ultimately proved just and removed segregation, which had been unconstitutional under the Fourteenth Amendment, the ruling itself and how it came to that has been deemed controversial. Most of the controversy involved it being among the Warren Court's decisions to radically legislate from the bench and expanding judicial power significantly, which was itself a violation of the separation of powers. In addition, while they did correctly confirm that Separate but Equal violated the Fourteenth Amendment, they also utilized pop-psychology indicating that black children preferred a white doll over a black doll due to "confusion" caused by segregation, ironically because, while Fourteenth Amendment deemed it unconstitutional to actually segregate schools, it also doesn't have the constitutional power to outlaw segregated schools at the same time.<ref>Kevin Gutzman, ''The Politically Incorrect Guide to the Constitution'' (Washington, D.C.: Regnery, 2007), 195.</ref> The ruling also ultimately set forth the path for far more rulings that deviated even further from the constitution and were ruled by a whim, starting with the next ruling, nicknamed ''Brown II'', and by the 1960s stopped having any restraint via ''Mapp v. Ohio'' in 1961, which infamously resulted in evidence being excluded from a criminal court if it was gotten without a valid search warrant, despite the Police having their own separate duty to take action regarding those details, and ''Brown Shoe Co. v. United States'', which deemed two shoe companies leading to an illegal monopoly despite the two companies combined market share of domestic production and sales only amounted to 4% and 2%, respectively.<ref>Paul Finkelman and Melvin I. Urofsky, ''Landmark Cases of the United States Supreme Court'' (Washington, D.C.: CQ Press, 2003), 281.</ref><ref>Jonathan Leaf, ''The Politically Incorrect Guide to the Sixties'' (Washington, D.C.: Regnery, 2009), 132-3.</ref>

Although the ruling ultimately proved just and removed segregation, which had been unconstitutional under the Fourteenth Amendment, the ruling itself and how it came to that has been deemed controversial. Most of the controversy involved it being among the Warren Court's decisions to radically legislate from the bench and expanding judicial power significantly, which was itself a violation of the separation of powers. In addition, while they did correctly confirm that Separate but Equal violated the Fourteenth Amendment, they also utilized pop-psychology indicating that black children preferred a white doll over a black doll due to "confusion" caused by segregation, ironically because, while Fourteenth Amendment deemed it unconstitutional to actually segregate schools, it also doesn't have the constitutional power to outlaw segregated schools at the same time.<ref>Kevin Gutzman, ''The Politically Incorrect Guide to the Constitution'' (Washington, D.C.: Regnery, 2007), 195.</ref> The ruling also ultimately set forth the path for far more rulings that deviated even further from the constitution and were ruled by a whim, starting with the next ruling, nicknamed ''Brown II'', and by the 1960s stopped having any restraint via ''Mapp v. Ohio'' in 1961, which infamously resulted in evidence being excluded from a criminal court if it was gotten without a valid search warrant, despite the Police having their own separate duty to take action regarding those details, and ''Brown Shoe Co. v. United States'', which deemed two shoe companies leading to an illegal monopoly despite the two companies combined market share of domestic production and sales only amounted to 4% and 2%, respectively.<ref>Paul Finkelman and Melvin I. Urofsky, ''Landmark Cases of the United States Supreme Court'' (Washington, D.C.: CQ Press, 2003), 281.</ref><ref>Jonathan Leaf, ''The Politically Incorrect Guide to the Sixties'' (Washington, D.C.: Regnery, 2009), 132-3.</ref>

The ''Brown'' ruling was criticized by constitutional scholar Raoul Berger, who argued that the draftsmen of the [[Fourteenth Amendment]] did not intend to prohibit segregated schooling.<ref>[https://oll.libertyfund.org/title/mcdonald-government-by-judiciary-the-transformation-of-the-fourteenth-amendment]</ref> Even in response to Michael McConnell research on this topic, Raoul Berger argued that the Republican politicians who argued in the 1870s that the Fourteenth Amendment prohibits segregated schooling were trying to rewrite the contents of the 14th Amendment relative to how this Amendment was understood back in 1866-1868.<ref>[https://heinonline.org/HOL/LandingPage?handle=hein.journals/illlr91&div=10&id=&page=]</ref>

The ''Brown'' ruling was criticized by constitutional scholar Raoul Berger in his 1977 [[book]] ''[[Government by Judiciary]]'', who argued that the draftsmen of the [[Fourteenth Amendment]] did not intend to prohibit segregated schooling.<ref>[https://oll.libertyfund.org/title/mcdonald-government-by-judiciary-the-transformation-of-the-fourteenth-amendment]</ref> Even in response to Michael McConnell research on this topic, Raoul Berger argued that the Republican politicians who argued in the 1870s that the Fourteenth Amendment prohibits segregated schooling were trying to rewrite the contents of the 14th Amendment relative to how this Amendment was understood back in 1866-1868.<ref>[https://heinonline.org/HOL/LandingPage?handle=hein.journals/illlr91&div=10&id=&page=]</ref>

==Further reading==

==Further reading==