Brown and Originalism

 Excerpt from Solum article:

Myth Number Three: Originalism Would Require that Brown v. Board be Overruled In fact, there is very good historical evidence that segregation would have been struck down under the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. In fact, Plessy v. Ferguson, the decision that established the separate-but-equal
doctrine, was a living constitutionalist decision, one of many that nullified a now almost forgotten guarantee of equal basic rights.

If the "one pervading purpose" of the Fourteenth Amendment was racial equality for the freed slaves, Plessy is obviously a total denial of that equality. Laws mandating racial segregation are a total repudiation of the one pervading purpose of the Fourteenth Amendment. Brown v. Board is an originalist decision, and Plessy is part of the non-originalist judge-made "common law" constitution.