GPO-CONAN-2017-10-15.pdf

2136 amendment 14rights guaranteed rather consider

Info icon This preview shows pages 304–306. Sign up to view the full content.

2136 AMENDMENT 14—RIGHTS GUARANTEED
Image of page 304

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

rather consider the issue in the context of the vital importance of education in 1954. The Court reasoned that denial of opportunity for an adequate education would often be a denial of the opportu- nity to succeed in life, that separation of the races in the schools solely on the basis of race must necessarily generate feelings of in- feriority in the disfavored race adversely affecting education as well as other matters, and therefore that the Equal Protection Clause was violated by such separation. “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” 1675 After hearing argument on what remedial order should issue, the Court remanded the cases to the lower courts to adjust the ef- fectuation of its mandate to the particularities of each school dis- trict. “At stake is the personal interest of the plaintiffs in admis- sion to public schools as soon as practicable on a nondiscriminatory basis.” The lower courts were directed to “require that the defen- dants make a prompt and reasonable start toward full compli- ance,” although “[o]nce such a start has been made,” some addi- tional time would be needed because of problems arising in the course of compliance and the lower courts were to allow it if on inquiry delay were found to be “in the public interest and [to be] consistent with good faith compliance . . . to effectuate a transition to a ra- cially nondiscriminatory school system.” In any event, however, the lower courts were to require compliance “with all deliberate speed.” 1676 Brown’s Aftermath. —For the next several years, the Court de- clined to interfere with the administration of its mandate, ruling only in those years on the efforts of Arkansas to block desegrega- tion of schools in Little Rock. 1677 In the main, these years were taken up with enactment and administration of “pupil placement laws” by which officials assigned each student individually to a school on the basis of formally nondiscriminatory criteria, and which re- quired the exhaustion of state administrative remedies before each pupil seeking reassignment could bring individual litigation. 1678 The lower courts eventually began voiding these laws for discrimina- tory application, permitting class actions, 1679 and the Supreme Court 1675 Brown v. Board of Education, 347 U.S. 483, 489–90, 492–95 (1954). 1676 Brown v. Board of Education, 349 U.S. 294, 300–01 (1955). 1677 Cooper v. Aaron, 358 U.S. 1 (1958). 1678 E.g. , Covington v. Edwards, 264 F.2d 780 (4th Cir.), cert. denied , 361 U.S. 840 (1959); Holt v. Raleigh City Bd. of Educ., 265 F.2d 95 (4th Cir.), cert. denied , 361 U.S. 818 (1959); Dove v. Parham, 271 F.2d 132 (8th Cir. 1959). 1679 E.g. , McCoy v. Greensboro City Bd. of Educ., 283 F.2d 667 (4th Cir. 1960); Green v. School Board of Roanoke, 304 F.2d 118 (4th Cir. 1962); Gibson v. Board of Pub. Instruction of Dade County, 272 F.2d 763 (5th Cir. 1959); Northcross v. Board of Educ. of Memphis, 302 F.2d 818 (6th Cir. 1962), cert. denied , 370 U.S. 944 (1962).
Image of page 305
Image of page 306
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern