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
[14] “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?”
[15] See Rule 42, Revised Rules of this Court (effective July 1,
1954).
[16] _Brown_ v. _Board of Education_, _ante_, p. 483.
[17] _Detroit Bank_ v. _United States_, 317 U. S. 329; _Currin_ v.
_Wallace_, 306 U. S. 1, 13-14; _Steward Machine Co._ v. _Davis_, 301
U. S. 548, 585.
[18] _Korematsu_ v. _United States_, 323 U. S. 214, 216;
_Hirabayashi_ v. _United States_, 320 U. S. 81, 100.
[19] _Gibson_ v. _Mississippi_, 162 U. S. 565, 591. Cf. _Steele_ v.
_Louisville & Nashville R. Co._, 323 U. S. 192, 198-199.
[20] Cf. _Hurd_ v. _Hodge_, 334 U. S. 24.
[21] 347 U. S. 483; 347 U. S. 497.
[22] Further argument was requested on the following questions, 347
U. S. 483, 495-496, n. 13, previously propounded by the Court:
“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;
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