On This Day: Brown v. Board of Education 9-0; three SC challenges follow for desegregation - May 17, 1954 [View all]

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(edited from Wikipedia)
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Brown v. Board of Education

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the U.S. Supreme Court ruling that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. The decision partially overruled the Court's 1896 decision, Plessy v. Ferguson, which held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal." The Court's unanimous decision in Brown and its related cases paved the way for integration, was a major victory of the civil rights movement, and a model for many future impact litigation cases.

The case originated in 1951 when the public school system in Topeka, Kansas, refused to enroll local black resident Oliver Brown's daughter at the school closest to their home, instead requiring her to ride a bus to a segregated black school farther away. The Browns and twelve other local black families in similar situations filed a class-action lawsuit in U.S. federal court against the Topeka Board of Education, alleging that its segregation policy was unconstitutional. A special three-judge court of the U.S. District Court for the District of Kansas heard the case and ruled against the Browns, relying on the precedent of Plessy and its "separate but equal" doctrine. The Browns, represented by NAACP chief counsel Thurgood Marshall, then appealed the ruling directly to the Supreme Court.

In May 1954, the Supreme Court issued a unanimous 9–0 decision in favor of the Browns. The Court ruled that "separate educational facilities are inherently unequal," and therefore laws that impose them violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown II (349 U.S. 294 (1955)) only ordered states to desegregate "with all deliberate speed."

In the Southern United States, the reaction to Brown among most white people was "noisy and stubborn", especially in the "Deep South" where racial segregation was deeply entrenched in society. Many Southern governmental and political leaders embraced a plan known as "massive resistance", created by Senator Harry F. Byrd, in order to frustrate attempts to force them to de-segregate their school systems. Four years later, in the case of Cooper v. Aaron, the Court reaffirmed its ruling in Brown, and explicitly stated that state officials and legislators had no power to nullify its ruling.

[UNESCO 1950 Statement]

The plaintiffs in Brown asserted that the system of racial separation in all schools, while masquerading as providing separate but equal treatment of both white and black Americans, instead perpetuated inferior accommodations, services, and treatment for black Americans. Brown was influenced by UNESCO's 1950 Statement, signed by a wide variety of internationally renowned scholars, titled The Race Question. This declaration denounced previous attempts at scientifically justifying racism as well as morally condemning racism.

[Cold War backdrop]

The United States and the Soviet Union were both at the height of the Cold War during this time, and U.S. officials, including Supreme Court justices, were highly aware of the harm that segregation and racism were doing to America's international image. When Justice William O. Douglas traveled to India in 1950, the first question he was asked was, "Why does America tolerate the lynching of Negroes?" Douglas later wrote that he had learned from his travels that "the attitude of the United States toward its colored minorities is a powerful factor in our relations with India."

Chief Justice Earl Warren, nominated to the Supreme Court by President Dwight D. Eisenhower, echoed Douglas's concerns in a 1954 speech to the American Bar Association, proclaiming that "Our American system like all others is on trial both at home and abroad, ... the extent to which we maintain the spirit of our constitution with its Bill of Rights, will in the long run do more to make it both secure and the object of adulation than the number of hydrogen bombs we stockpile."

Decision

On May 17, 1954, the Supreme Court issued a unanimous 9–0 decision in favor of the Brown family and the other plaintiffs. The decision consists of a single opinion written by chief justice Earl Warren, which all the justices joined.

The Court ruled that state-mandated segregation, even if implemented in schools of otherwise equal quality, is inherently unequal because of its psychological impact upon the segregated children.

To separate [black children] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely to ever be undone.

— Brown, 347 U.S. at 494.

The Court then concluded its relatively short opinion by declaring that segregated public education was inherently unequal, violated the Equal Protection Clause, and therefore was unconstitutional:

We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.

— Brown, 397 U.S. at 495.[47]

The Court did not close with an order to implement the integration of the schools of the various jurisdictions. Instead, it requested the parties re-appear before the Court the following Term to hold arguments on what the appropriate remedy should be. This became the case known as Brown II, described below.

[Hardened resistance, black teachers and educators fired]

Americans mostly cheered the Court's decision in Brown, although most white Southerners decried it. Many white Southerners viewed Brown as "a day of catastrophe—a Black Monday—a day something like Pearl Harbor." In the face of entrenched Southern opposition, progress on integrating American schools was slow. The American political historian Robert G. McCloskey described:

The reaction of the white South to this judicial onslaught on its institutions was noisy and stubborn. Certain "border states," which had formerly maintained segregated school systems, did integrate, and others permitted the token admission of a few Negro students to schools that had once been racially unmixed. However, the Deep South made no moves to obey the judicial command, and in some districts there can be no doubt that the Desegregation decision hardened resistance to integration proposals.

In Virginia, Senator Harry F. Byrd organized the Massive Resistance movement that included the closing of schools rather than desegregating them.

For several decades after the Brown decision, African-American teachers, principals, and other school staff who worked in segregated Black schools were fired or laid off as Southerners sought to create a system of integrated schools with White leadership. According to historian Michael Fultz, "In many ways the South moved faster, with more 'deliberate speed' in displacing Black educators than it did in desegregating schools."

Texas Attorney General John Ben Shepperd organized a campaign to generate legal obstacles to the implementation of desegregation.

Brown II

In 1955, the Supreme Court considered arguments by the schools requesting relief concerning the task of desegregation. In their decision, which became known as "Brown II" the court delegated the task of carrying out school desegregation to district courts with orders that desegregation occur "with all deliberate speed," a phrase traceable to Francis Thompson's poem "The Hound of Heaven".

Supporters of the earlier decision were displeased with this decision. The language "all deliberate speed" was seen by critics as too ambiguous to ensure reasonable haste for compliance with the court's instruction. Many Southern states and school districts interpreted Brown II as legal justification for resisting, delaying, and avoiding significant integration for years—and in some cases for a decade or more—using such tactics as closing down school systems, using state money to finance segregated "private" schools, and "token" integration where a few carefully selected black children were admitted to former white-only schools but the vast majority remained in underfunded, unequal black schools.

[Prince Edward County]

For example, based on Brown II, the U.S. District Court ruled that Prince Edward County, Virginia did not have to desegregate immediately. When faced with a court order to finally begin desegregation in 1959 the county board of supervisors stopped appropriating money for public schools, which remained closed for five years, from 1959 to 1964.

White students in the county were given assistance to attend white-only "private academies" that were taught by teachers formerly employed by the public school system, while black students had no education at all unless they moved out of the county.

Griffin v. County School Board

But the public schools reopened after the Supreme Court overturned Brown II in Griffin v. County School Board of Prince Edward County, declaring that "...the time for mere 'deliberate speed' has run out" and that the county must provide a public school system for all children regardless of race.

The Supreme Court, in a decision authored by Justice Hugo Black, ordered the schools reopened. It held that the supervisors' action of refusing to fund the public schools violated the Equal Protection Clause of the 14th Amendment, where the county offered only private school vouchers for students and where no private schools accepted black students.

For the same reasons the District Court may, if necessary to prevent further racial discrimination, require the Supervisors to exercise the power that is theirs to levy taxes to raise funds adequate to reopen, operate, and maintain without racial discrimination a public school system in Prince Edward County like that operated in other counties in Virginia.

— Griffin v. School Bd. of Prince Edward Cty., 377 U.S. 218, 233 (1964)

This case marked the first time that the Supreme Court ordered a county government to exercise their power of taxation.

[Two justices dissent]

This unusual level of intervention in the function of local government provoked a dissent by Justices Clark and Harlan:

MR. JUSTICE CLARK and MR. JUSTICE HARLAN disagree with the holding that the federal courts are empowered to order the reopening of the public schools in Prince Edward County . . .

— Griffin v. School Bd. of Prince Edward Cty., 377 U.S. 218, 234 (1964)

Brown III

In 1978, Topeka attorneys Richard Jones, Joseph Johnson and Charles Scott Jr. (son of the original Brown team member), with assistance from the American Civil Liberties Union, persuaded Linda Brown Smith—who now had her own children in Topeka schools—to be a plaintiff in reopening Brown.

They were concerned that the Topeka Public Schools' policy of "open enrollment" had led to and would lead to further segregation. They also believed that with a choice of open enrollment, white parents would shift their children to "preferred" schools that would create both predominantly African-American and predominantly European-American schools within the district. The district court reopened the Brown case after a 25-year hiatus, but denied the plaintiffs' request finding the schools "unitary".

In 1989, a three-judge panel of the Tenth Circuit on a 2–1 vote found that the vestiges of segregation remained with respect to student and staff assignment. In 1993, the Supreme Court denied the appellant School District's request for certiorari and returned the case to District Court Judge Richard Rodgers for implementation of the Tenth Circuit's mandate.

After a 1994 plan was approved and a bond issue passed, additional elementary magnet schools were opened and district attendance plans redrawn, which resulted in the Topeka schools meeting court standards of racial balance by 1998. Unified status was eventually granted to Topeka Unified School District No. 501 on July 27, 1999. One of the new magnet schools is named after the Scott family attorneys for their role in the Brown case and civil rights.
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https://en.wikipedia.org/wiki/Brown_v._Board_of_Education
https://en.wikipedia.org/wiki/Griffin_v._County_School_Board_of_Prince_Edward_County

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