Brown V

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Brown v.

Board of Education (1954, 1955)


The case that came to be known as Brown v. Board of Education was actually the name given to five
separate cases that were heard by the U.S. Supreme Court concerning the issue of segregation in public
schools. These cases were Brown v. Board of Education of Topeka, Briggs v. Elliot, Davis v. Board of
Education of Prince Edward County (VA.), Boiling v. Sharpe, and Gebhart v. Ethel. While the facts of
each case are different, the main issue in each was the constitutionality of state-sponsored segregation in
public schools. Once again, Thurgood Marshall and the NAACP Legal Defense and Education Fund
handled these cases.
Although it acknowledged some of the plaintiffs/plaintiffs claims, a three-judge panel at the U.S. District
Court that heard the cases ruled in favor of the school boards. The plaintiffs then appealed to the U.S.
Supreme Court.
When the cases came before the Supreme Court in 1952, the Court consolidated all five cases under the
name of Brown v. Board of Education. Marshall personally argued the case before the Court. Although he
raised a variety of legal issues on appeal, the most common one was that separate school systems for
blacks and whites were inherently unequal, and thus violate the "equal protection clause" of the
Fourteenth Amendment to the U.S. Constitution. Furthermore, relying on sociological tests, such as the
one performed by social scientist Kenneth Clark, and other data, he also argued that segregated school
systems had a tendency to make black children feel inferior to white children, and thus such a system
should not be legally permissible.
Meeting to decide the case, the Justices of the Supreme Court realized that they were deeply divided
over the issues raised. While most wanted to reverse Plessy and declare segregation in public schools to
be unconstitutional, they had various reasons for doing so. Unable to come to a solution by June 1953
(the end of the Court's 1952-1953 term), the Court decided to rehear the case in December 1953. During
the intervening months, however, Chief Justice Fred Vinson died and was replaced by Gov. Earl Warren
of California. After the case was reheard in 1953, Chief Justice Warren was able to do something that his
predecessor had noti.e. bring all of the Justices to agree to support a unanimous decision declaring
segregation in public schools unconstitutional. On May 14, 1954, he delivered the opinion of the Court,
stating that "We conclude that in the field of public education the doctrine of separate but equal has no
place. Separate educational facilities are inherently unequal. . ."
Expecting opposition to its ruling, especially in the southern states, the Supreme Court did not
immediately try to give direction for the implementation of its ruling. Rather, it asked the attorney generals
of all states with laws permitting segregation in their public schools to submit plans for how to proceed
with desegregation. After still more hearings before the Court concerning the matter of desegregation, on
May 31, 1955, the Justices handed down a plan for how it was to proceed; desegregation was to proceed
with "all deliberate speed." Although it would be many years before all segregated school systems were to
be desegregated,Brown and Brown II (as the Courts plan for how to desegregate schools came to be
called) were responsible for getting the process underway.

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