The Southern Case for School SegregationKilpatrick, James Jackson
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The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
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.[14] The Attorney General 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.[15]
_It is so ordered._
BOLLING et al. v. SHARPE et al.
[347 U. S. 497]
CERTIORARI TO THE UNITED STATES COURT
OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUIT
Argued December 10-11, 1952.--Reargued December 8-9,
1953.--Decided May 17, 1954.
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
This case challenges the validity of segregation in the public
schools of the District of Columbia. The petitioners, minors of the
Negro race, allege that such segregation deprives them of due process
of law under the Fifth Amendment. They were refused admission to a
public school attended by white children solely because of their
race. They sought the aid of the District Court for the District
of Columbia in obtaining admission. That court dismissed their
complaint. The Court granted a writ of certiorari before judgment in
the Court of Appeals because of the importance of the constitutional
question presented. 344 U. S. 873.
We have this day held that the Equal Protection Clause of the
Fourteenth Amendment prohibits the states from maintaining racially
segregated public schools.[16] The legal problem in the District of
Columbia is somewhat different, however. The Fifth Amendment, which
is applicable in the District of Columbia, does not contain an equal
protection clause as does the Fourteenth Amendment which applies only
to the states. But the concepts of equal protection and due process,
both stemming from our American ideal of fairness, are not mutually
exclusive. The “equal protection of the laws” is a more explicit
safeguard of prohibited unfairness than “due process of law,” and,
therefore, we do not imply that the two are always interchangeable
phrases. But, as this Court has recognized, discrimination may be so
unjustifiable as to be violative of due process.[17]
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