In Brown v. Board of Education, the Supreme Court used the equal protection clause in the Fourteenth Amendment to declare educational segregation unconstitutional. Which of these would be the BEST argument FOR judicial activism in this case?
A) Many states did not follow the Supreme Court's ruling.
B) Many states did not have prior laws about educational segregation.
C) The Fourteenth Amendment was not ratified by three-fourths of the states.
D) The Fourteenth Amendment does not explicitly ban educational segregation.