text:
Brown v. Board of Education, 347 U.S. 483 (1954)
Supreme Court of the United States
Filed: May 17th, 1954
Precedential Status: Precedential
Citations: 347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 2d 873, 1954 U.S. LEXIS 2094
Docket Number: 1
Supreme Court Database ID: 1953-069
Author: Earl Warren

347 U.S. 483 (1954)
BROWN ET AL.
v.
BOARD OF EDUCATION OF TOPEKA ET AL.

No. 1.
Supreme Court of United States.

Argued December 9, 1952.
Reargued December 8, 1953.
Decided May 17, 1954.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS.[*]
*484 Robert L. Carter argued the cause for appellants in No. 1 on the original argument and on the reargument. Thurgood Marshall argued the cause for appellants in No. 2 on the original argument and Spottswood W. Robinson, III, for appellants in No. 4 on the original argument, and both argued the causes for appellants in Nos. 2 and 4 on the reargument. Louis L. Redding and Jack Greenberg argued the cause for respondents in No. 10 on the original argument and Jack Greenberg and Thurgood Marshall on the reargument.

On the briefs were Robert L. Carter, Thurgood Marshall, Spottswood W. Robinson, III, Louis L. Redding, Jack Greenberg, George E. C. Hayes, William R. Ming, Jr., Constance Baker Motley, James M. Nabrit, Jr., Charles S. Scott, Frank D. Reeves, Harold R. Boulware and Oliver W. Hill for appellants in Nos. 1, 2 and 4 and respondents in No. 10; George M. Johnson for appellants in Nos. 1, 2 and 4; and Loren Miller for appellants in Nos. 2 and 4. Arthur D. Shores and A. T. Walden were on the Statement as to Jurisdiction and a brief opposing a Motion to Dismiss or Affirm in No. 2.

Paul E. Wilson, Assistant Attorney General of Kansas, argued the cause for appellees in No. 1 on the original argument and on the reargument. With him on the briefs was Harold R. Fatzer, Attorney General.

John W. Davis argued the cause for appellees in No. 2 on the original argument and for appellees in Nos. 2 and 4 on the reargument. With him on the briefs in No. 2 were T. C. Callison, Attorney General of South Carolina, Robert McC. Figg, Jr., S. E. Rogers, William R. Meagher and Taggart Whipple.

*485 J. Lindsay Almond, Jr., Attorney General of Virginia, and T. Justin Moore argued the cause for appellees in No. 4 on the original argument and for appellees in Nos. 2 and 4 on the reargument. On the briefs in No. 4 were J. Lindsay Almond, Jr., Attorney General, and Henry T. Wickham, Special Assistant Attorney General, for the State of Virginia, and T. Justin Moore, Archibald G. Robertson, John W. Riely and T. Justin Moore, Jr. for the Prince Edward County School Authorities, appellees.

H. Albert Young, Attorney General of Delaware, argued the cause for petitioners in No. 10 on the original argument and on the reargument. With him on the briefs was Louis J. Finger, Special Deputy Attorney General.

By special leave of Court, Assistant Attorney General Rankin argued the cause for the United States on the reargument, as amicus curiae, urging reversal in Nos. 1, 2 and 4 and affirmance in No. 10. With him on the brief were Attorney General Brownell, Philip Elman, Leon Ulman, William J. Lamont and M. Magdelena Schoch. James P. McGranery, then Attorney General, and Philip Elman filed a brief for the United States on the original argument, as amicus curiae, urging reversal in Nos. 1, 2 and 4 and affirmance in No. 10.

Briefs of amici curiae supporting appellants in No. 1 were filed by Shad Polier, Will Maslow and Joseph B. Robison for the American Jewish Congress; by Edwin J. Lukas, Arnold Forster, Arthur Garfield Hays, Frank E. Karelsen, Leonard Haas, Saburo Kido and Theodore Leskes for the American Civil Liberties Union et al.; and by John Ligtenberg and Selma M. Borchardt for the American Federation of Teachers. Briefs of amici curiae supporting appellants in No. 1 and respondents in No. 10 were filed by Arthur J. Goldberg and Thomas E. Harris *486 for the Congress of Industrial Organizations and by Phineas Indritz for the American Veterans Committee, Inc.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion.[1]

*487 In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, *488 they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools.

The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal," and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the Court took jurisdiction.[2] Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions propounded by the Court.[3]

*489 Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among "all persons born or naturalized in the United States." Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures had in mind cannot be determined with any degree of certainty.

An additional reason for the inconclusive nature of the Amendment's history, with respect to segregated schools, is the status of public education at that time.[4] In the South, the movement toward free common schools, supported *490 by general taxation, had not yet taken hold. Education of white children was largely in the hands of private groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any education of Negroes was forbidden by law in some states. Today, in contrast, many Negroes have achieved outstanding success in the arts and sciences as well as in the business and professional world. It is true that public school education at the time of the Amendment had advanced further in the North, but the effect of the Amendment on Northern States was generally ignored in the congressional debates. Even in the North, the conditions of public education did not approximate those existing today. The curriculum was usually rudimentary; ungraded schools were common in rural areas; the school term was but three months a year in many states; and compulsory school attendance was virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education.

In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state-imposed discriminations against the Negro race.[5] The doctrine of *491 "separate but equal" did not make its appearance in this Court until 1896 in the case of Plessy v. Ferguson, supra, involving not education but transportation.[6] American courts have since labored with the doctrine for over half a century. In this Court, there have been six cases involving the "separate but equal" doctrine in the field of public education.[7] In Cumming v. County Board of Education, 175 U.S. 528, and Gong Lum v. Rice, 275 U.S. 78, the validity of the doctrine itself was not challenged.[8] In more recent cases, all on the graduate school *492 level, inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. Missouri ex rel. Gaines v. Canada, 305 U.S. 337; Sipuel v. Oklahoma, 332 U.S. 631; Sweatt v. Painter, 339 U.S. 629; McLaurin v. Oklahoma State Regents, 339 U.S. 637. In none of these cases was it necessary to re-examine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter, supra, the Court expressly reserved decision on the question whether Plessy v. Ferguson should be held inapplicable to public education.

In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other "tangible" factors.[9] Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education.

In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout *493 the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws.

Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.

In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on "those qualities which are incapable of objective measurement but which make for greatness in a law school." In McLaurin v. Oklahoma State Regents, supra, the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession." *494 Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs:

"Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system."[10]
Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority.[11] Any language *495 in Plessy v. Ferguson contrary to this finding is rejected.

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.[12]

Because these are class actions, because of the wide applicability of this decision, and because of the great variety of local conditions, the formulation of decrees in these cases presents problems of considerable complexity. On reargument, the consideration of appropriate relief was necessarily subordinated to the primary question— the constitutionality of segregation in public education. We have now announced that such segregation is a denial of the equal protection of the laws. In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term.[13] The Attorney General *496 of the United States is again invited to participate. The Attorneys General of the states requiring or permitting segregation in public education will also be permitted to appear as amici curiae upon request to do so by September 15, 1954, and submission of briefs by October 1, 1954.[14]

It is so ordered.

NOTES

[*] Together with No. 2, Briggs et al. v. Elliott et al., on appeal from the United States District Court for the Eastern District of South Carolina, argued December 9-10, 1952, reargued December 7-8, 1953; No. 4, Davis et al. v. County School Board of Prince Edward County, Virginia, et al., on appeal from the United States District Court for the Eastern District of Virginia, argued December 10, 1952, reargued December 7-8, 1953; and No. 10, Gebhart et al. v. Belton et al., on certiorari to the Supreme Court of Delaware, argued December 11, 1952, reargued December 9, 1953.

[1] In the Kansas case, Brown v. Board of Education, the plaintiffs are Negro children of elementary school age residing in Topeka. They brought this action in the United States District Court for the District of Kansas to enjoin enforcement of a Kansas statute which permits, but does not require, cities of more than 15,000 population to maintain separate school facilities for Negro and white students. Kan. Gen. Stat. § 72-1724 (1949). Pursuant to that authority, the Topeka Board of Education elected to establish segregated elementary schools. Other public schools in the community, however, are operated on a nonsegregated basis. The three-judge District Court, convened under 28 U.S. C. §§ 2281 and 2284, found that segregation in public education has a detrimental effect upon Negro children, but denied relief on the ground that the Negro and white schools were substantially equal with respect to buildings, transportation, curricula, and educational qualifications of teachers. 98 F. Supp. 797. The case is here on direct appeal under 28 U.S. C. § 1253.

In the South Carolina case, Briggs v. Elliott, the plaintiffs are Negro children of both elementary and high school age residing in Clarendon County. They brought this action in the United States District Court for the Eastern District of South Carolina to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Negroes and whites in public schools. S. C. Const., Art. XI, § 7; S. C. Code § 5377 (1942). The three-judge District Court, convened under 28 U.S. C. §§ 2281 and 2284, denied the requested relief. The court found that the Negro schools were inferior to the white schools and ordered the defendants to begin immediately to equalize the facilities. But the court sustained the validity of the contested provisions and denied the plaintiffs admission to the white schools during the equalization program. 98 F. Supp. 529. This Court vacated the District Court's judgment and remanded the case for the purpose of obtaining the court's views on a report filed by the defendants concerning the progress made in the equalization program. 342 U.S. 350. On remand, the District Court found that substantial equality had been achieved except for buildings and that the defendants were proceeding to rectify this inequality as well. 103 F. Supp. 920. The case is again here on direct appeal under 28 U.S. C. § 1253.

In the Virginia case, Davis v. County School Board, the plaintiffs are Negro children of high school age residing in Prince Edward county. They brought this action in the United States District Court for the Eastern District of Virginia to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Negroes and whites in public schools. Va. Const., § 140; Va. Code § 22-221 (1950). The three-judge District Court, convened under  28 U.S. C. §§ 2281 and 2284, denied the requested relief. The court found the Negro school inferior in physical plant, curricula, and transportation, and ordered the defendants forthwith to provide substantially equal curricula and transportation and to "proceed with all reasonable diligence and dispatch to remove" the inequality in physical plant. But, as in the South Carolina case, the court sustained the validity of the contested provisions and denied the plaintiffs admission to the white schools during the equalization program. 103 F. Supp. 337. The case is here on direct appeal under 28 U.S. C. § 1253.

In the Delaware case, Gebhart v. Belton, the plaintiffs are Negro children of both elementary and high school age residing in New Castle County. They brought this action in the Delaware Court of Chancery to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Negroes and whites in public schools. Del. Const., Art. X, § 2; Del. Rev. Code § 2631 (1935). The Chancellor gave judgment for the plaintiffs and ordered their immediate admission to schools previously attended only by white children, on the ground that the Negro schools were inferior with respect to teacher training, pupil-teacher ratio, extracurricular activities, physical plant, and time and distance involved in travel. 87 A.2d 862. The Chancellor also found that segregation itself results in an inferior education for Negro children (see note 10, infra), but did not rest his decision on that ground. Id., at 865. The Chancellor's decree was affirmed by the Supreme Court of Delaware, which intimated, however, that the defendants might be able to obtain a modification of the decree after equalization of the Negro and white schools had been accomplished. 91 A.2d 137, 152. The defendants, contending only that the Delaware courts had erred in ordering the immediate admission of the Negro plaintiffs to the white schools, applied to this Court for certiorari. The writ was granted,  344 U.S. 891. The plaintiffs, who were successful below, did not submit a cross-petition.

[2]  344 U.S. 1, 141, 891.

[3]  345 U.S. 972. The Attorney General of the United States participated both Terms as amicus curiae.

[4] For a general study of the development of public education prior to the Amendment, see Butts and Cremin, A History of Education in American Culture (1953), Pts. I, II; Cubberley, Public Education in the United States (1934 ed.), cc. II-XII. School practices current at the time of the adoption of the Fourteenth Amendment are described in Butts and Cremin, supra, at 269-275; Cubberley, supra, at 288-339, 408-431; Knight, Public Education in the South (1922), cc. VIII, IX. See also H. Ex. Doc. No. 315, 41st Cong., 2d Sess. (1871). Although the demand for free public schools followed substantially the same pattern in both the North and the South, the development in the South did not begin to gain momentum until about 1850, some twenty years after that in the North. The reasons for the somewhat slower development in the South (e. g., the rural character of the South and the different regional attitudes toward state assistance) are well explained in Cubberley, supra, at 408-423. In the country as a whole, but particularly in the South, the War virtually stopped all progress in public education. Id., at 427-428. The low status of Negro education in all sections of the country, both before and immediately after the War, is described in Beale, A History of Freedom of Teaching in American Schools (1941), 112-132, 175-195. Compulsory school attendance laws were not generally adopted until after the ratification of the Fourteenth Amendment, and it was not until 1918 that such laws were in force in all the states. Cubberley, supra, at 563-565.

[5] Slaughter-House Cases, 16 Wall. 36, 67-72 (1873); Strauder v. West Virginia, 100 U.S. 303, 307-308 (1880):

"It ordains that no State shall deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws. What is this but declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color? The words of the amendment, it is true, are prohibitory, but they contain a necessary implication of a positive immunity, or right, most valuable to the colored race,—the right to exemption from unfriendly legislation against them distinctively as colored,—exemption from legal discriminations, implying inferiority in civil society, lessening the security of their enjoyment of the rights which others enjoy, and discriminations which are steps towards reducing them to the condition of a subject race."

See also Virginia v. Rives, 100 U.S. 313, 318 (1880); Ex parte Virginia, 100 U.S. 339, 344-345 (1880).

[6] The doctrine apparently originated in Roberts v. City of Boston, 59 Mass. 198, 206 (1850), upholding school segregation against attack as being violative of a state constitutional guarantee of equality. Segregation in Boston public schools was eliminated in 1855. Mass. Acts 1855, c. 256. But elsewhere in the North segregation in public education has persisted in some communities until recent years. It is apparent that such segregation has long been a nationwide problem, not merely one of sectional concern.

[7] See also Berea College v. Kentucky, 211 U.S. 45 (1908).

[8] In the Cumming case, Negro taxpayers sought an injunction requiring the defendant school board to discontinue the operation of a high school for white children until the board resumed operation of a high school for Negro children. Similarly, in the Gong Lum case, the plaintiff, a child of Chinese descent, contended only that state authorities had misapplied the doctrine by classifying him with Negro children and requiring him to attend a Negro school.

[9] In the Kansas case, the court below found substantial equality as to all such factors. 98 F. Supp. 797, 798. In the South Carolina case, the court below found that the defendants were proceeding "promptly and in good faith to comply with the court's decree." 103 F. Supp. 920, 921. In the Virginia case, the court below noted that the equalization program was already "afoot and progressing" (103 F. Supp. 337, 341); since then, we have been advised, in the Virginia Attorney General's brief on reargument, that the program has now been completed. In the Delaware case, the court below similarly noted that the state's equalization program was well under way. 91 A.2d 137, 149.

[10] A similar finding was made in the Delaware case: "I conclude from the testimony that in our Delaware society, State-imposed segregation in education itself results in the Negro children, as a class, receiving educational opportunities which are substantially inferior to those available to white children otherwise similarly situated." 87 A.2d 862, 865.

[11] K. B. Clark, Effect of Prejudice and Discrimination on Personality Development (Midcentury White House Conference on Children and Youth, 1950); Witmer and Kotinsky, Personality in the Making (1952), c. VI; Deutscher and Chein, The Psychological Effects of Enforced Segregation: A Survey of Social Science Opinion, 26 J. Psychol. 259 (1948); Chein, What are the Psychological Effects of Segregation Under Conditions of Equal Facilities?, 3 Int. J. Opinion and Attitude Res. 229 (1949); Brameld, Educational Costs, in Discrimination and National Welfare (MacIver, ed., (1949), 44-48; Frazier, The Negro in the United States (1949), 674-681. And see generally Myrdal, An American Dilemma (1944).

[12] See Bolling v. Sharpe, post, p. 497, concerning the Due Process Clause of the Fifth Amendment.

[13] "4. Assuming it is decided that segregation in public schools violates the Fourteenth Amendment

"(a) would a decree necessarily follow providing that, within the limits set by normal geographic school districting, Negro children should forthwith be admitted to schools of their choice, or

"(b) may this Court, in the exercise of its equity powers, permit an effective gradual adjustment to be brought about from existing segregated systems to a system not based on color distinctions?

"5. On the assumption on which questions 4 (a) and (b) are based, and assuming further that this Court will exercise its equity powers to the end described in question 4 (b),

"(a) should this Court formulate detailed decrees in these cases;

"(b) if so, what specific issues should the decrees reach;

"(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees;

"(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases, and if so what general directions should the decrees of this Court include and what procedures should the courts of first instance follow in arriving at the specific terms of more detailed decrees?"

[14] See Rule 42, Revised Rules of this Court (effective July 1, 1954).

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text: General

text: and

text: Henry

text: T

text: Wickham

text: Special

text: Assistant

text: Attorney

text: General

text: for

text: the

text: State

text: of

text: Virginia

text: and

text: T

text: Justin

text: Moore

text: Archibald

text: G

text: Robertson

text: John

text: W

text: Riely

text: and

text: T

text: Justin

text: Moore

text: Jr

text: for

text: the

text: Prince

text: Edward

text: County

text: School

text: Authorities

text: appellees

text: H

text: Albert

text: Young

text: Attorney

text: General

text: of

text: Delaware

text: argued

text: the

text: cause

text: for

text: petitioners

text: in

text: No

text: on

text: the

text: original

text: argument

text: and

text: on

text: the

text: reargument

text: With

text: him

text: on

text: the

text: briefs

text: was

text: Louis

text: J

text: Finger

text: Special

text: Deputy

text: Attorney

text: General

text: By

text: special

text: leave

text: of

text: Court

text: Assistant

text: Attorney

text: General

text: Rankin

text: argued

text: the

text: cause

text: for

text: the

text: United

text: States

text: on

text: the

text: reargument

text: as

text: amicus

text: curiae

text: urging

text: reversal

text: in

text: Nos

text: and

text: and

text: affirmance

text: in

text: No

text: With

text: him

text: on

text: the

text: brief

text: were

text: Attorney

text: General

text: Brownell

text: Philip

text: Elman

text: Leon

text: Ulman

text: William

text: J

text: Lamont

text: and

text: M

text: Magdelena

text: Schoch

text: James

text: P

text: McGranery

text: then

text: Attorney

text: General

text: and

text: Philip

text: Elman

text: filed

text: a

text: brief

text: for

text: the

text: United

text: States

text: on

text: the

text: original

text: argument

text: as

text: amicus

text: curiae

text: urging

text: reversal

text: in

text: Nos

text: and

text: and

text: affirmance

text: in

text: No

text: Briefs

text: of

text: amici

text: curiae

text: supporting

text: appellants

text: in

text: No

text: were

text: filed

text: by

text: Shad

text: Polier

text: Will

text: Maslow

text: and

text: Joseph

text: B

text: Robison

text: for

text: the

text: American

text: Jewish

text: Congress

text: by

text: Edwin

text: J

text: Lukas

text: Arnold

text: Forster

text: Arthur

text: Garfield

text: Hays

text: Frank

text: E

text: Karelsen

text: Leonard

text: Haas

text: Saburo

text: Kido

text: and

text: Theodore

text: Leskes

text: for

text: the

text: American

text: Civil

text: Liberties

text: Union

text: et

text: al

text: and

text: by

text: John

text: Ligtenberg

text: and

text: Selma

text: M

text: Borchardt

text: for

text: the

text: American

text: Federation

text: of

text: Teachers

text: Briefs

text: of

text: amici

text: curiae

text: supporting

text: appellants

text: in

text: No

text: and

text: respondents

text: in

text: No

text: were

text: filed

text: by

text: Arthur

text: J

text: Goldberg

text: and

text: Thomas

text: E

text: Harris

text: for

text: the

text: Congress

text: of

text: Industrial

text: Organizations

text: and

text: by

text: Phineas

text: Indritz

text: for

text: the

text: American

text: Veterans

text: Committee

text: Inc

text: MR

text: CHIEF

text: JUSTICE

text: WARREN

text: delivered

text: the

text: opinion

text: of

text: the

text: Court

text: These

text: cases

text: come

text: to

text: us

text: from

text: the

text: States

text: of

text: Kansas

text: South

text: Carolina

text: Virginia

text: and

text: Delaware

text: They

text: are

text: premised

text: on

text: different

text: facts

text: and

text: different

text: local

text: conditions

text: but

text: a

text: common

text: legal

text: question

text: justifies

text: their

text: consideration

text: together

text: in

text: this

text: consolidated

text: opinion

text: In

text: each

text: of

text: the

text: cases

text: minors

text: of

text: the

text: Negro

text: race

text: through

text: their

text: legal

text: representatives

text: seek

text: the

text: aid

text: of

text: the

text: courts

text: in

text: obtaining

text: admission

text: to

text: the

text: public

text: schools

text: of

text: their

text: community

text: on

text: a

text: nonsegregated

text: basis

text: In

text: each

text: instance

text: they

text: had

text: been

text: denied

text: admission

text: to

text: schools

text: attended

text: by

text: white

text: children

text: under

text: laws

text: requiring

text: or

text: permitting

text: segregation

text: according

text: to

text: race

text: This

text: segregation

text: was

text: alleged

text: to

text: deprive

text: the

text: plaintiffs

text: of

text: the

text: equal

text: protection

text: of

text: the

text: laws

text: under

text: the

text: Fourteenth

text: Amendment

text: In

text: each

text: of

text: the

text: cases

text: other

text: than

text: the

text: Delaware

text: case

text: a

text: three

text: judge

text: federal

text: district

text: court

text: denied

text: relief

text: to

text: the

text: plaintiffs

text: on

text: the

text: so

text: called

text: separate

text: but

text: equal

text: doctrine

text: announced

text: by

text: this

text: Court

text: in

text: Plessy

text: v

text: Ferguson

text: U

text: S

text: Under

text: that

text: doctrine

text: equality

text: of

text: treatment

text: is

text: accorded

text: when

text: the

text: races

text: are

text: provided

text: substantially

text: equal

text: facilities

text: even

text: though

text: these

text: facilities

text: be

text: separate

text: In

text: the

text: Delaware

text: case

text: the

text: Supreme

text: Court

text: of

text: Delaware

text: adhered

text: to

text: that

text: doctrine

text: but

text: ordered

text: that

text: the

text: plaintiffs

text: be

text: admitted

text: to

text: the

text: white

text: schools

text: because

text: of

text: their

text: superiority

text: to

text: the

text: Negro

text: schools

text: The

text: plaintiffs

text: contend

text: that

text: segregated

text: public

text: schools

text: are

text: not

text: equal

text: and

text: cannot

text: be

text: made

text: equal

text: and

text: that

text: hence

text: they

text: are

text: deprived

text: of

text: the

text: equal

text: protection

text: of

text: the

text: laws

text: Because

text: of

text: the

text: obvious

text: importance

text: of

text: the

text: question

text: presented

text: the

text: Court

text: took

text: jurisdiction

text: Argument

text: was

text: heard

text: in

text: the

text: Term

text: and

text: reargument

text: was

text: heard

text: this

text: Term

text: on

text: certain

text: questions

text: propounded

text: by

text: the

text: Court

text: Reargument

text: was

text: largely

text: devoted

text: to

text: the

text: circumstances

text: surrounding

text: the

text: adoption

text: of

text: the

text: Fourteenth

text: Amendment

text: in

text: It

text: covered

text: exhaustively

text: consideration

text: of

text: the

text: Amendment

text: in

text: Congress

text: ratification

text: by

text: the

text: states

text: then

text: existing

text: practices

text: in

text: racial

text: segregation

text: and

text: the

text: views

text: of

text: proponents

text: and

text: opponents

text: of

text: the

text: Amendment

text: This

text: discussion

text: and

text: our

text: own

text: investigation

text: convince

text: us

text: that

text: although

text: these

text: sources

text: cast

text: some

text: light

text: it

text: is

text: not

text: enough

text: to

text: resolve

text: the

text: problem

text: with

text: which

text: we

text: are

text: faced

text: At

text: best

text: they

text: are

text: inconclusive

text: The

text: most

text: avid

text: proponents

text: of

text: the

text: post

text: War

text: Amendments

text: undoubtedly

text: intended

text: them

text: to

text: remove

text: all

text: legal

text: distinctions

text: among

text: all

text: persons

text: born

text: or

text: naturalized

text: in

text: the

text: United

text: States

text: Their

text: opponents

text: just

text: as

text: certainly

text: were

text: antagonistic

text: to

text: both

text: the

text: letter

text: and

text: the

text: spirit

text: of

text: the

text: Amendments

text: and

text: wished

text: them

text: to

text: have

text: the

text: most

text: limited

text: effect

text: What

text: others

text: in

text: Congress

text: and

text: the

text: state

text: legislatures

text: had

text: in

text: mind

text: cannot

text: be

text: determined

text: with

text: any

text: degree

text: of

text: certainty

text: An

text: additional

text: reason

text: for

text: the

text: inconclusive

text: nature

text: of

text: the

text: Amendment

text: s

text: history

text: with

text: respect

text: to

text: segregated

text: schools

text: is

text: the

text: status

text: of

text: public

text: education

text: at

text: that

text: time

text: In

text: the

text: South

text: the

text: movement

text: toward

text: free

text: common

text: schools

text: supported

text: by

text: general

text: taxation

text: had

text: not

text: yet

text: taken

text: hold

text: Education

text: of

text: white

text: children

text: was

text: largely

text: in

text: the

text: hands

text: of

text: private

text: groups

text: Education

text: of

text: Negroes

text: was

text: almost

text: nonexistent

text: and

text: practically

text: all

text: of

text: the

text: race

text: were

text: illiterate

text: In

text: fact

text: any

text: education

text: of

text: Negroes

text: was

text: forbidden

text: by

text: law

text: in

text: some

text: states

text: Today

text: in

text: contrast

text: many

text: Negroes

text: have

text: achieved

text: outstanding

text: success

text: in

text: the

text: arts

text: and

text: sciences

text: as

text: well

text: as

text: in

text: the

text: business

text: and

text: professional

text: world

text: It

text: is

text: true

text: that

text: public

text: school

text: education

text: at

text: the

text: time

text: of

text: the

text: Amendment

text: had

text: advanced

text: further

text: in

text: the

text: North

text: but

text: the

text: effect

text: of

text: the

text: Amendment

text: on

text: Northern

text: States

text: was

text: generally

text: ignored

text: in

text: the

text: congressional

text: debates

text: Even

text: in

text: the

text: North

text: the

text: conditions

text: of

text: public

text: education

text: did

text: not

text: approximate

text: those

text: existing

text: today

text: The

text: curriculum

text: was

text: usually

text: rudimentary

text: ungraded

text: schools

text: were

text: common

text: in

text: rural

text: areas

text: the

text: school

text: term

text: was

text: but

text: three

text: months

text: a

text: year

text: in

text: many

text: states

text: and

text: compulsory

text: school

text: attendance

text: was

text: virtually

text: unknown

text: As

text: a

text: consequence

text: it

text: is

text: not

text: surprising

text: that

text: there

text: should

text: be

text: so

text: little

text: in

text: the

text: history

text: of

text: the

text: Fourteenth

text: Amendment

text: relating

text: to

text: its

text: intended

text: effect

text: on

text: public

text: education

text: In

text: the

text: first

text: cases

text: in

text: this

text: Court

text: construing

text: the

text: Fourteenth

text: Amendment

text: decided

text: shortly

text: after

text: its

text: adoption

text: the

text: Court

text: interpreted

text: it

text: as

text: proscribing

text: all

text: state

text: imposed

text: discriminations

text: against

text: the

text: Negro

text: race

text: The

text: doctrine

text: of

text: separate

text: but

text: equal

text: did

text: not

text: make

text: its

text: appearance

text: in

text: this

text: Court

text: until

text: in

text: the

text: case

text: of

text: Plessy

text: v

text: Ferguson

text: supra

text: involving

text: not

text: education

text: but

text: transportation

text: American

text: courts

text: have

text: since

text: labored

text: with

text: the

text: doctrine

text: for

text: over

text: half

text: a

text: century

text: In

text: this

text: Court

text: there

text: have

text: been

text: six

text: cases

text: involving

text: the

text: separate

text: but

text: equal

text: doctrine

text: in

text: the

text: field

text: of

text: public

text: education

text: In

text: Cumming

text: v

text: County

text: Board

text: of

text: Education

text: U

text: S

text: and

text: Gong

text: Lum

text: v

text: Rice

text: U

text: S

text: the

text: validity

text: of

text: the

text: doctrine

text: itself

text: was

text: not

text: challenged

text: In

text: more

text: recent

text: cases

text: all

text: on

text: the

text: graduate

text: school

text: level

text: inequality

text: was

text: found

text: in

text: that

text: specific

text: benefits

text: enjoyed

text: by

text: white

text: students

text: were

text: denied

text: to

text: Negro

text: students

text: of

text: the

text: same

text: educational

text: qualifications

text: Missouri

text: ex

text: rel

text: Gaines

text: v

text: Canada

text: U

text: S

text: Sipuel

text: v

text: Oklahoma

text: U

text: S

text: Sweatt

text: v

text: Painter

text: U

text: S

text: McLaurin

text: v

text: Oklahoma

text: State

text: Regents

text: U

text: S

text: In

text: of

text: these

text: cases

text: was

text: it

text: necessary

text: to

text: re

text: examine

text: the

text: doctrine

text: to

text: grant

text: relief

text: to

text: the

text: Negro

text: plaintiff

text: And

text: in

text: Sweatt

text: v

text: Painter

text: supra

text: the

text: Court

text: expressly

text: reserved

text: decision

text: on

text: the

text: question

text: whether

text: Plessy

text: v

text: Ferguson

text: should

text: be

text: held

text: inapplicable

text: to

text: public

text: education

text: In

text: the

text: instant

text: cases

text: that

text: question

text: is

text: directly

text: presented

text: Here

text: unlike

text: Sweatt

text: v

text: Painter

text: there

text: are

text: findings

text: below

text: that

text: the

text: Negro

text: and

text: white

text: schools

text: involved

text: have

text: been

text: equalized

text: or

text: are

text: being

text: equalized

text: with

text: respect

text: to

text: buildings

text: curricula

text: qualifications

text: and

text: salaries

text: of

text: teachers

text: and

text: other

text: tangible

text: factors

text: Our

text: decision

text: therefore

text: cannot

text: turn

text: on

text: merely

text: a

text: comparison

text: of

text: these

text: tangible

text: factors

text: in

text: the

text: Negro

text: and

text: white

text: schools

text: involved

text: in

text: each

text: of

text: the

text: cases

text: We

text: must

text: look

text: instead

text: to

text: the

text: effect

text: of

text: segregation

text: itself

text: on

text: public

text: education

text: In

text: approaching

text: this

text: problem

text: we

text: cannot

text: turn

text: the

text: clock

text: back

text: to

text: when

text: the

text: Amendment

text: was

text: adopted

text: or

text: even

text: to

text: when

text: Plessy

text: v

text: Ferguson

text: was

text: written

text: We

text: must

text: consider

text: public

text: education

text: in

text: the

text: light

text: of

text: its

text: full

text: development

text: and

text: its

text: present

text: place

text: in

text: American

text: life

text: throughout

text: the

text: Nation

text: Only

text: in

text: this

text: way

text: can

text: it

text: be

text: determined

text: if

text: segregation

text: in

text: public

text: schools

text: deprives

text: these

text: plaintiffs

text: of

text: the

text: equal

text: protection

text: of

text: the

text: laws

text: Today

text: education

text: is

text: perhaps

text: the

text: most

text: important

text: function

text: of

text: state

text: and

text: local

text: governments

text: Compulsory

text: school

text: attendance

text: laws

text: and

text: the

text: great

text: expenditures

text: for

text: education

text: both

text: demonstrate

text: our

text: recognition

text: of

text: the

text: importance

text: of

text: education

text: to

text: our

text: democratic

text: society

text: It

text: is

text: required

text: in

text: the

text: performance

text: of

text: our

text: most

text: basic

text: public

text: responsibilities

text: even

text: service

text: in

text: the

text: armed

text: forces

text: It

text: is

text: the

text: very

text: foundation

text: of

text: good

text: citizenship

text: Today

text: it

text: is

text: a

text: principal

text: instrument

text: in

text: awakening

text: the

text: child

text: to

text: cultural

text: values

text: in

text: preparing

text: him

text: for

text: later

text: professional

text: training

text: and

text: in

text: helping

text: him

text: to

text: adjust

text: normally

text: to

text: his

text: environment

text: In

text: these

text: days

text: it

text: is

text: doubtful

text: that

text: any

text: child

text: may

text: reasonably

text: be

text: expected

text: to

text: succeed

text: in

text: life

text: if

text: he

text: is

text: denied

text: the

text: opportunity

text: of

text: an

text: education

text: Such

text: an

text: opportunity

text: where

text: the

text: state

text: has

text: undertaken

text: to

text: provide

text: it

text: is

text: a

text: right

text: which

text: must

text: be

text: made

text: available

text: to

text: all

text: on

text: equal

text: terms

text: We

text: come

text: then

text: to

text: the

text: question

text: presented

text: Does

text: segregation

text: of

text: children

text: in

text: public

text: schools

text: solely

text: on

text: the

text: basis

text: of

text: race

text: even

text: though

text: the

text: physical

text: facilities

text: and

text: other

text: tangible

text: factors

text: may

text: be

text: equal

text: deprive

text: the

text: children

text: of

text: the

text: minority

text: group

text: of

text: equal

text: educational

text: opportunities

text: We

text: believe

text: that

text: it

text: does

text: In

text: Sweatt

text: v

text: Painter

text: supra

text: in

text: finding

text: that

text: a

text: segregated

text: law

text: school

text: for

text: Negroes

text: could

text: not

text: provide

text: them

text: equal

text: educational

text: opportunities

text: this

text: Court

text: relied

text: in

text: large

text: part

text: on

text: those

text: qualities

text: which

text: are

text: incapable

text: of

text: objective

text: measurement

text: but

text: which

text: make

text: for

text: greatness

text: in

text: a

text: law

text: school

text: In

text: McLaurin

text: v

text: Oklahoma

text: State

text: Regents

text: supra

text: the

text: Court

text: in

text: requiring

text: that

text: a

text: Negro

text: admitted

text: to

text: a

text: white

text: graduate

text: school

text: be

text: treated

text: like

text: all

text: other

text: students

text: again

text: resorted

text: to

text: intangible

text: considerations

text: his

text: ability

text: to

text: study

text: to

text: engage

text: in

text: discussions

text: and

text: exchange

text: views

text: with

text: other

text: students

text: and

text: in

text: general

text: to

text: learn

text: his

text: profession

text: Such

text: considerations

text: apply

text: with

text: added

text: force

text: to

text: children

text: in

text: grade

text: and

text: high

text: schools

text: To

text: separate

text: them

text: from

text: others

text: of

text: similar

text: age

text: and

text: qualifications

text: solely

text: because

text: of

text: their

text: race

text: generates

text: a

text: feeling

text: of

text: inferiority

text: as

text: to

text: their

text: status

text: in

text: the

text: community

text: that

text: may

text: affect

text: their

text: hearts

text: and

text: minds

text: in

text: a

text: way

text: unlikely

text: ever

text: to

text: be

text: undone

text: The

text: effect

text: of

text: this

text: separation

text: on

text: their

text: educational

text: opportunities

text: was

text: well

text: stated

text: by

text: a

text: finding

text: in

text: the

text: Kansas

text: case

text: by

text: a

text: court

text: which

text: nevertheless

text: felt

text: compelled

text: to

text: rule

text: against

text: the

text: Negro

text: plaintiffs

text: Segregation

text: of

text: white

text: and

text: colored

text: children

text: in

text: public

text: schools

text: has

text: a

text: detrimental

text: effect

text: upon

text: the

text: colored

text: children

text: The

text: impact

text: is

text: greater

text: when

text: it

text: has

text: the

text: sanction

text: of

text: the

text: law

text: for

text: the

text: policy

text: of

text: separating

text: the

text: races

text: is

text: usually

text: interpreted

text: as

text: denoting

text: the

text: inferiority

text: of

text: the

text: negro

text: group

text: A

text: sense

text: of

text: inferiority

text: affects

text: the

text: motivation

text: of

text: a

text: child

text: to

text: learn

text: Segregation

text: with

text: the

text: sanction

text: of

text: law

text: therefore

text: has

text: a

text: tendency

text: to

text: retard

text: the

text: educational

text: and

text: mental

text: development

text: of

text: negro

text: children

text: and

text: to

text: deprive

text: them

text: of

text: some

text: of

text: the

text: benefits

text: they

text: would

text: receive

text: in

text: a

text: racial

text: ly

text: integrated

text: school

text: system

text: Whatever

text: may

text: have

text: been

text: the

text: extent

text: of

text: psychological

text: knowledge

text: at

text: the

text: time

text: of

text: Plessy

text: v

text: Ferguson

text: this

text: finding

text: is

text: amply

text: supported

text: by

text: modern

text: authority

text: Any

text: language

text: in

text: Plessy

text: v

text: Ferguson

text: contrary

text: to

text: this

text: finding

text: is

text: rejected

text: We

text: conclude

text: that

text: in

text: the

text: field

text: of

text: public

text: education

text: the

text: doctrine

text: of

text: separate

text: but

text: equal

text: has

text: no

text: place

text: Separate

text: educational

text: facilities

text: are

text: inherently

text: unequal

text: Therefore

text: we

text: hold

text: that

text: the

text: plaintiffs

text: and

text: others

text: similarly

text: situated

text: for

text: whom

text: the

text: actions

text: have

text: been

text: brought

text: are

text: by

text: reason

text: of

text: the

text: segregation

text: complained

text: of

text: deprived

text: of

text: the

text: equal

text: protection

text: of

text: the

text: laws

text: guaranteed

text: by

text: the

text: Fourteenth

text: Amendment

text: This

text: disposition

text: makes

text: unnecessary

text: any

text: discussion

text: whether

text: such

text: segregation

text: also

text: violates

text: the

text: Due

text: Process

text: Clause

text: of

text: the

text: Fourteenth

text: Amendment

text: Because

text: these

text: are

text: class

text: actions

text: because

text: of

text: the

text: wide

text: applicability

text: of

text: this

text: decision

text: and

text: because

text: of

text: the

text: great

text: variety

text: of

text: local

text: conditions

text: the

text: formulation

text: of

text: decrees

text: in

text: these

text: cases

text: presents

text: problems

text: of

text: considerable

text: complexity

text: On

text: reargument

text: the

text: consideration

text: of

text: appropriate

text: relief

text: was

text: necessarily

text: subordinated

text: to

text: the

text: primary

text: question

text: the

text: constitutionality

text: of

text: segregation

text: in

text: public

text: education

text: We

text: have

text: now

text: announced

text: that

text: such

text: segregation

text: is

text: a

text: denial

text: of

text: the

text: equal

text: protection

text: of

text: the

text: laws

text: In

text: order

text: that

text: we

text: may

text: have

text: the

text: full

text: assistance

text: of

text: the

text: parties

text: in

text: formulating

text: decrees

text: the

text: cases

text: will

text: be

text: restored

text: to

text: the

text: docket

text: and

text: the

text: parties

text: are

text: requested

text: to

text: present

text: further

text: argument

text: on

text: Questions

text: and

text: previously

text: propounded

text: by

text: the

text: Court

text: for

text: the

text: reargument

text: this

text: Term

text: The

text: Attorney

text: General

text: of

text: the

text: United

text: States

text: is

text: again

text: invited

text: to

text: participate

text: The

text: Attorneys

text: General

text: of

text: the

text: states

text: requiring

text: or

text: permitting

text: segregation

text: in

text: public

text: education

text: will

text: also

text: be

text: permitted

text: to

text: appear

text: as

text: amici

text: curiae

text: upon

text: request

text: to

text: do

text: so

text: by

text: September

text: and

text: submission

text: of

text: briefs

text: by

text: October

text: It

text: is

text: so

text: ordered

text: NOTES

text: Together

text: with

text: No

text: Briggs

text: et

text: al

text: v

text: Elliott

text: et

text: al

text: on

text: appeal

text: from

text: the

text: United

text: States

text: District

text: Court

text: for

text: the

text: Eastern

text: District

text: of

text: South

text: Carolina

text: argued

text: December

text: reargued

text: December

text: No

text: Davis

text: et

text: al

text: v

text: County

text: School

text: Board

text: of

text: Prince

text: Edward

text: County

text: Virginia

text: et

text: al

text: on

text: appeal

text: from

text: the

text: United

text: States

text: District

text: Court

text: for

text: the

text: Eastern

text: District

text: of

text: Virginia

text: argued

text: December

text: reargued

text: December

text: and

text: No

text: Gebhart

text: et

text: al

text: v

text: Belton

text: et

text: al

text: on

text: certiorari

text: to

text: the

text: Supreme

text: Court

text: of

text: Delaware

text: argued

text: December

text: reargued

text: December

text: In

text: the

text: Kansas

text: case

text: Brown

text: v

text: Board

text: of

text: Education

text: the

text: plaintiffs

text: are

text: Negro

text: children

text: of

text: elementary

text: school

text: age

text: residing

text: in

text: Topeka

text: They

text: brought

text: this

text: action

text: in

text: the

text: United

text: States

text: District

text: Court

text: for

text: the

text: District

text: of

text: Kansas

text: to

text: enjoin

text: enforcement

text: of

text: a

text: Kansas

text: statute

text: which

text: permits

text: but

text: does

text: not

text: require

text: cities

text: of

text: more

text: than

text: population

text: to

text: maintain

text: separate

text: school

text: facilities

text: for

text: Negro

text: and

text: white

text: students

text: Kan

text: Gen

text: Stat

text: Pursuant

text: to

text: that

text: authority

text: the

text: Topeka

text: Board

text: of

text: Education

text: elected

text: to

text: establish

text: segregated

text: elementary

text: schools

text: Other

text: public

text: schools

text: in

text: the

text: community

text: however

text: are

text: operated

text: on

text: a

text: nonsegregated

text: basis

text: The

text: three

text: judge

text: District

text: Court

text: convened

text: under

text: U

text: S

text: C

text: and

text: found

text: that

text: segregation

text: in

text: public

text: education

text: has

text: a

text: detrimental

text: effect

text: upon

text: Negro

text: children

text: but

text: denied

text: relief

text: on

text: the

text: ground

text: that

text: the

text: Negro

text: and

text: white

text: schools

text: were

text: substantially

text: equal

text: with

text: respect

text: to

text: buildings

text: transportation

text: curricula

text: and

text: educational

text: qualifications

text: of

text: teachers

text: F

text: Supp

text: The

text: case

text: is

text: here

text: on

text: direct

text: appeal

text: under

text: U

text: S

text: C

text: In

text: the

text: South

text: Carolina

text: case

text: Briggs

text: v

text: Elliott

text: the

text: plaintiffs

text: are

text: Negro

text: children

text: of

text: both

text: elementary

text: and

text: high

text: school

text: age

text: residing

text: in

text: Clarendon

text: County

text: They

text: brought

text: this

text: action

text: in

text: the

text: United

text: States

text: District

text: Court

text: for

text: the

text: Eastern

text: District

text: of

text: South

text: Carolina

text: to

text: enjoin

text: enforcement

text: of

text: provisions

text: in

text: the

text: state

text: constitution

text: and

text: statutory

text: code

text: which

text: require

text: the

text: segregation

text: of

text: Negroes

text: and

text: whites

text: in

text: public

text: schools

text: S

text: C

text: Const

text: Art

text: XI

text: S

text: C

text: Code

text: The

text: three

text: judge

text: District

text: Court

text: convened

text: under

text: U

text: S

text: C

text: and

text: denied

text: the

text: requested

text: relief

text: The

text: court

text: found

text: that

text: the

text: Negro

text: schools

text: were

text: inferior

text: to

text: the

text: white

text: schools

text: and

text: ordered

text: the

text: defendants

text: to

text: begin

text: immediately

text: to

text: equalize

text: the

text: facilities

text: But

text: the

text: court

text: sustained

text: the

text: validity

text: of

text: the

text: contested

text: provisions

text: and

text: denied

text: the

text: plaintiffs

text: admission

text: to

text: the

text: white

text: schools

text: during

text: the

text: equalization

text: program

text: F

text: Supp

text: This

text: Court

text: vacated

text: the

text: District

text: Court

text: s

text: judgment

text: and

text: remanded

text: the

text: case

text: for

text: the

text: purpose

text: of

text: obtaining

text: the

text: court

text: s

text: views

text: on

text: a

text: report

text: filed

text: by

text: the

text: defendants

text: concerning

text: the

text: progress

text: made

text: in

text: the

text: equalization

text: program

text: U

text: S

text: On

text: remand

text: the

text: District

text: Court

text: found

text: that

text: substantial

text: equality

text: had

text: been

text: achieved

text: except

text: for

text: buildings

text: and

text: that

text: the

text: defendants

text: were

text: proceeding

text: to

text: rectify

text: this

text: inequality

text: as

text: well

text: F

text: Supp

text: The

text: case

text: is

text: again

text: here

text: on

text: direct

text: appeal

text: under

text: U

text: S

text: C

text: In

text: the

text: Virginia

text: case

text: Davis

text: v

text: County

text: School

text: Board

text: the

text: plaintiffs

text: are

text: Negro

text: children

text: of

text: high

text: school

text: age

text: residing

text: in

text: Prince

text: Edward

text: county

text: They

text: brought

text: this

text: action

text: in

text: the

text: United

text: States

text: District

text: Court

text: for

text: the

text: Eastern

text: District

text: of

text: Virginia

text: to

text: enjoin

text: enforcement

text: of

text: provisions

text: in

text: the

text: state

text: constitution

text: and

text: statutory

text: code

text: which

text: require

text: the

text: segregation

text: of

text: Negroes

text: and

text: whites

text: in

text: public

text: schools

text: Va

text: Const

text: Va

text: Code

text: The

text: three

text: judge

text: District

text: Court

text: convened

text: under

text: U

text: S

text: C

text: and

text: denied

text: the

text: requested

text: relief

text: The

text: court

text: found

text: the

text: Negro

text: school

text: inferior

text: in

text: physical

text: plant

text: curricula

text: and

text: transportation

text: and

text: ordered

text: the

text: defendants

text: forthwith

text: to

text: provide

text: substantially

text: equal

text: curricula

text: and

text: transportation

text: and

text: to

text: proceed

text: with

text: all

text: reasonable

text: diligence

text: and

text: dispatch

text: to

text: remove

text: the

text: inequality

text: in

text: physical

text: plant

text: But

text: as

text: in

text: the

text: South

text: Carolina

text: case

text: the

text: court

text: sustained

text: the

text: validity

text: of

text: the

text: contested

text: provisions

text: and

text: denied

text: the

text: plaintiffs

text: admission

text: to

text: the

text: white

text: schools

text: during

text: the

text: equalization

text: program

text: F

text: Supp

text: The

text: case

text: is

text: here

text: on

text: direct

text: appeal

text: under

text: U

text: S

text: C

text: In

text: the

text: Delaware

text: case

text: Gebhart

text: v

text: Belton

text: the

text: plaintiffs

text: are

text: Negro

text: children

text: of

text: both

text: elementary

text: and

text: high

text: school

text: age

text: residing

text: in

text: New

text: Castle

text: County

text: They

text: brought

text: this

text: action

text: in

text: the

text: Delaware

text: Court

text: of

text: Chancery

text: to

text: enjoin

text: enforcement

text: of

text: provisions

text: in

text: the

text: state

text: constitution

text: and

text: statutory

text: code

text: which

text: require

text: the

text: segregation

text: of

text: Negroes

text: and

text: whites

text: in

text: public

text: schools

text: Del

text: Const

text: Art

text: X

text: Del

text: Rev

text: Code

text: The

text: Chancellor

text: gave

text: judgment

text: for

text: the

text: plaintiffs

text: and

text: ordered

text: their

text: immediate

text: admission

text: to

text: schools

text: previously

text: attended

text: only

text: by

text: white

text: children

text: on

text: the

text: ground

text: that

text: the

text: Negro

text: schools

text: were

text: inferior

text: with

text: respect

text: to

text: teacher

text: training

text: pupil

text: teacher

text: ratio

text: extracurricular

text: activities

text: physical

text: plant

text: and

text: time

text: and

text: distance

text: involved

text: in

text: travel

text: A

text: d

text: The

text: Chancellor

text: also

text: found

text: that

text: segregation

text: itself

text: results

text: in

text: an

text: inferior

text: education

text: for

text: Negro

text: children

text: see

text: note

text: infra

text: but

text: did

text: not

text: rest

text: his

text: decision

text: on

text: that

text: ground

text: Id

text: at

text: The

text: Chancellor

text: s

text: decree

text: was

text: affirmed

text: by

text: the

text: Supreme

text: Court

text: of

text: Delaware

text: which

text: intimated

text: however

text: that

text: the

text: defendants

text: might

text: be

text: able

text: to

text: obtain

text: a

text: modification

text: of

text: the

text: decree

text: after

text: equalization

text: of

text: the

text: Negro

text: and

text: white

text: schools

text: had

text: been

text: accomplished

text: A

text: d

text: The

text: defendants

text: contending

text: only

text: that

text: the

text: Delaware

text: courts

text: had

text: erred

text: in

text: ordering

text: the

text: immediate

text: admission

text: of

text: the

text: Negro

text: plaintiffs

text: to

text: the

text: white

text: schools

text: applied

text: to

text: this

text: Court

text: for

text: certiorari

text: The

text: writ

text: was

text: granted

text: U

text: S

text: The

text: plaintiffs

text: who

text: were

text: successful

text: below

text: did

text: not

text: submit

text: a

text: cross

text: petition

text: U

text: S

text: U

text: S

text: The

text: Attorney

text: General

text: of

text: the

text: United

text: States

text: participated

text: both

text: Terms

text: as

text: amicus

text: curiae

text: For

text: a

text: general

text: study

text: of

text: the

text: development

text: of

text: public

text: education

text: prior

text: to

text: the

text: Amendment

text: see

text: Butts

text: and

text: Cremin

text: A

text: History

text: of

text: Education

text: in

text: American

text: Culture

text: Pts

text: I

text: II

text: Cubberley

text: Public

text: Education

text: in

text: the

text: United

text: States

text: ed

text: cc

text: II

text: XII

text: School

text: practices

text: current

text: at

text: the

text: time

text: of

text: the

text: adoption

text: of

text: the

text: Fourteenth

text: Amendment

text: are

text: described

text: in

text: Butts

text: and

text: Cremin

text: supra

text: at

text: Cubberley

text: supra

text: at

text: Knight

text: Public

text: Education

text: in

text: the

text: South

text: cc

text: VIII

text: IX

text: See

text: also

text: H

text: Ex

text: Doc

text: No

text: st

text: Cong

text: d

text: Sess

text: Although

text: the

text: demand

text: for

text: free

text: public

text: schools

text: followed

text: substantially

text: the

text: same

text: pattern

text: in

text: both

text: the

text: North

text: and

text: the

text: South

text: the

text: development

text: in

text: the

text: South

text: did

text: not

text: begin

text: to

text: gain

text: momentum

text: until

text: about

text: some

text: twenty

text: years

text: after

text: that

text: in

text: the

text: North

text: The

text: reasons

text: for

text: the

text: somewhat

text: slower

text: development

text: in

text: the

text: South

text: e

text: g

text: the

text: rural

text: character

text: of

text: the

text: South

text: and

text: the

text: different

text: regional

text: attitudes

text: toward

text: state

text: assistance

text: are

text: well

text: explained

text: in

text: Cubberley

text: supra

text: at

text: In

text: the

text: country

text: as

text: a

text: whole

text: but

text: particularly

text: in

text: the

text: South

text: the

text: War

text: virtually

text: stopped

text: all

text: progress

text: in

text: public

text: education

text: Id

text: at

text: The

text: low

text: status

text: of

text: Negro

text: education

text: in

text: all

text: sections

text: of

text: the

text: country

text: both

text: before

text: and

text: immediately

text: after

text: the

text: War

text: is

text: described

text: in

text: Beale

text: A

text: History

text: of

text: Freedom

text: of

text: Teaching

text: in

text: American

text: Schools

text: Compulsory

text: school

text: attendance

text: laws

text: were

text: not

text: generally

text: adopted

text: until

text: after

text: the

text: ratification

text: of

text: the

text: Fourteenth

text: Amendment

text: and

text: it

text: was

text: not

text: until

text: that

text: such

text: laws

text: were

text: in

text: force

text: in

text: all

text: the

text: states

text: Cubberley

text: supra

text: at

text: Slaughter

text: House

text: Cases

text: Wall

text: Strauder

text: v

text: West

text: Virginia

text: U

text: S

text: It

text: ordains

text: that

text: no

text: State

text: shall

text: deprive

text: any

text: person

text: of

text: life

text: liberty

text: or

text: property

text: without

text: due

text: process

text: of

text: law

text: or

text: deny

text: to

text: any

text: person

text: within

text: its

text: jurisdiction

text: the

text: equal

text: protection

text: of

text: the

text: laws

text: What

text: is

text: this

text: but

text: declaring

text: that

text: the

text: law

text: in

text: the

text: States

text: shall

text: be

text: the

text: same

text: for

text: the

text: black

text: as

text: for

text: the

text: white

text: that

text: all

text: persons

text: whether

text: colored

text: or

text: white

text: shall

text: stand

text: equal

text: before

text: the

text: laws

text: of

text: the

text: States

text: and

text: in

text: regard

text: to

text: the

text: colored

text: race

text: for

text: whose

text: protection

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text: amendment

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text: primarily

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text: discrimination

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text: implication

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text: positive

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text: enjoyment

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text: rights

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text: and

text: discriminations

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text: steps

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text: condition

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text: doctrine

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text: in

text: Roberts

text: v

text: City

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text: a

text: state

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text: guarantee

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text: North

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text: persisted

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text: until

text: recent

text: years

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text: is

text: apparent

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text: such

text: segregation

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text: nationwide

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text: College

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text: Cumming

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text: an

text: injunction

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text: defendant

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text: operation

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text: high

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text: Gong

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text: case

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text: plaintiff

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text: child

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text: Chinese

text: descent

text: contended

text: only

text: that

text: state

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text: misapplied

text: the

text: doctrine

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text: classifying

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text: Negro

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text: Kansas

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text: court

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text: equality

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text: South

text: Carolina

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text: court

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text: the

text: defendants

text: were

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text: decree

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text: Virginia

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text: court

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text: equalization

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text: Virginia

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text: brief

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text: reargument

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text: the

text: program

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text: the

text: Delaware

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text: court

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text: state

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text: equalization

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text: d

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text: Delaware

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text: conclude

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text: the

text: testimony

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text: in

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text: Delaware

text: society

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text: segregation

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text: education

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text: Negro

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text: a

text: class

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text: educational

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text: Prejudice

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text: Discrimination

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text: Youth

text: Witmer

text: and

text: Kotinsky

text: Personality

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text: Making

text: c

text: VI

text: Deutscher

text: and

text: Chein

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text: Psychological

text: Effects

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text: Enforced

text: Segregation

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text: Survey

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text: Social

text: Science

text: Opinion

text: J

text: Psychol

text: Chein

text: What

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text: Psychological

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text: Conditions

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text: Brameld

text: Educational

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text: National

text: Welfare

text: MacIver

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text: Frazier

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text: Negro

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text: United

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text: Bolling

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text: Fifth

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text: Fourteenth

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text: limits

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text: exercise

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text: equity

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text: end

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text: question

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text: should

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text: detailed

text: decrees

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text: should

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text: decrees

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text: c

text: should

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text: Court

text: appoint

text: a

text: special

text: master

text: to

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text: evidence

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text: view

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text: specific

text: terms

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text: decrees

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text: remand

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text: courts

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text: specific

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text: Rule

text: Revised

text: Rules

text: of

text: this

text: Court

text: effective

text: July