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
While giving weight to these public and private considerations, the
courts will require that the defendants make a prompt and reasonable
start toward full compliance with our May 17, 1954, ruling. Once such
a start has been made, the courts may find that additional time is
necessary to carry out the ruling in an effective manner. The burden
rests upon the defendants to establish that such time is necessary in
the public interest and is consistent with good faith compliance at
the earliest practicable date. To that end, the courts may consider
problems related to administration, arising from the physical
condition of the school plant, the school transportation system,
personnel, revision of school districts and attendance areas into
compact units to achieve a system of determining admission to the
public schools on a nonracial basis, and revision of local laws and
regulations which may be necessary in solving the foregoing problems.
They will also consider the adequacy of any plans the defendants may
propose to meet these problems and to effectuate a transition to
a racially nondiscriminatory school system. During this period of
transition, the courts will retain jurisdiction of these cases.
The judgments below, except that in the Delaware case, are
accordingly reversed and the cases are remanded to the District
Courts to take such proceedings and enter such orders and decrees
consistent with this opinion as are necessary and proper to admit
to public schools on a racially nondiscriminatory basis with all
deliberate speed the parties to these cases. The judgment in the
Delaware case--ordering the immediate admission of the plaintiffs
to schools previously attended only by white children--is affirmed
on the basis of the principles stated in our May 17, 1954, opinion,
but the case is remanded to the Supreme Court of Delaware for such
further proceedings as that Court may deem necessary in light of this
opinion.
_It is so ordered._
A BIBLIOGRAPHICAL NOTE
There stands in the Grove of Academe, or so I have often imagined,
a certain idolatrous image. It is a crane-like creature with italic
wings, the great god _Ibid._, and before it, strutting on their
tiny six-point feet, the pedant peacocks daily make obeisance. They
look up, _supra_, and down _infra_, and spreading their tails with
asterisk eyes, they march with robed scholars to lay garlands of _op.
cit._ upon the ritual shrine.
Public-domain text, read in full here on John Shaqi.
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