What is the future of The Black and White Cookie?

In a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of the Black and White Cookie, under the doctrine of "separate but equal".


The decision was handed down by a vote of 5 to 4, with the majority opinion written by Justice Clarence Thomas and the descent written by Justice John Paul Stevens. "Separate but equal" was doctrine in U.S. law until its repudiation in the 1954 Supreme Court decision Brown v. Board of Education.

Does this ruling of the Supreme Court repudiate Brown? Will all cookies have to be separate but equal? How does this affect The Mallomar? A cookie with white inside surrounded by a black outside?

Justice Thomas's decision paraphrased Justice Henry Billings Brown 1896, decision in Plessy vs. Ferguson, "We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two flavors stamps either flavor with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because those who insist the flavors be integrated choose to put that construction upon it."

The descent, emphatically stated, that they will not opine as to the constitutionality of the cookie, but object on the basis of citing Plessy. Justice John Paul Stevens, in what will likely turn out to be his final opinion, first chastised Justice Thomas for ending a sentence in a preposition. "Just because Justice Billings ended a sentence in a preposition in a bad decision in 1896, Stare decisis does not dictate that you follow suit."

Justice Stevens went on to say that he was glad he was leaving the court and would celebrate by having Oreo Cookies and Milk.