Professor Joy Milligan on Plessy Preserved: Agencies and the Effective Constitution



Professor Joy Milligan talks about her recent article, Plessy Preserved: Agencies and the Effective Constitution. Federal officials enforced a “separate but equal” framework for public housing long after Brown invalidated that principle. This administrative regime wrote segregation into U.S. cities, operating as the effective Constitution for decades. This Article asks why a liberal, reformist agency chose that path—and what it teaches about administrative constitutionalism.