The Southern Case for School SegregationKilpatrick, James Jackson
History
The Southern Case for School Segregation
Kilpatrick, James Jackson
African Americans -- Segregation; Segregation -- Southern States
Because these cases arose under different local conditions and their
disposition will involve a variety of local problems, we requested
further argument on the question of relief.[22] In view of the
nationwide importance of the decision, we invited the Attorney
General of the United States and the Attorneys General of all states
requiring or permitting racial discrimination in public education
to present their views on that question. The parties, the United
States and the States of Florida, North Carolina, Arkansas, Oklahoma,
Maryland, and Texas filed briefs and participated in the oral
argument.
These presentations were informative and helpful to the Court in
its consideration of the complexities arising from the transition
to a system of public education freed of racial discrimination. The
presentations also demonstrated that substantial steps to eliminate
racial discrimination in public schools have already been taken,
not only in some of the communities in which these cases arose, but
in some of the states appearing as _amici curiae_, and in other
states as well. Substantial progress has been made in the District
of Columbia and in the communities in Kansas and Delaware involved
in this litigation. The defendants in the cases coming to us from
South Carolina and Virginia are awaiting the decision of this Court
concerning relief.
Full implementation of these constitutional principles may require
solution of varied local school problems, School authorities have the
primary responsibility for elucidating, assessing, and solving these
problems; courts will have to consider whether the action of school
authorities constitutes good faith implementation of the governing
constitutional principles. Because of their proximity to local
conditions and the possible need for further hearings, the courts
which originally heard these cases can best perform this judicial
appraisal. Accordingly, we believe it appropriate to remand the cases
to those courts.[23]
In fashioning and effectuating the decrees, the courts will be
guided by equitable principles. Traditionally, equity has been
characterized by a practical flexibility in shaping its remedies[24]
and by a facility for adjusting and reconciling public and private
needs.[25] These cases call for the exercise of these traditional
attributes of equity power. At stake is the personal interest of the
plaintiffs in admission to public schools as soon as practicable
on a nondiscriminatory basis. To effectuate this interest may call
for elimination of a variety of obstacles in making the transition
to school systems operated in accordance with the constitutional
principles set forth in our May 17, 1954, decision. Courts of equity
may properly take into account the public interest in the elimination
of such obstacles in a systematic and effective manner. But it
should go without saying that the vitality of these constitutional
principles cannot be allowed to yield simply because of disagreement
with them.
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