1. Lecture 38 Discrimination II
Brown v. Board of Education

2. This Lecture Pages 618-626 Plessy goes down
Brown v. Board of Education I (1954)
Brown v. Board of Education II (1955)

3. Korematsu v. United States (1944)
The Japanese internment case from WWII
The driving force behind this was Gov. Earl Warren (R-California)
Black, J. for a 6-3 Court
The government wins because it did advance a compelling interest- being at War with Japan and fear of invasion of the West Coast
However, the Court does say that all laws with racial classifications are immediately suspect, and are subject to the most rigid scrutiny
Racial animus or antagonism can not be justifications though
He does not find these existed here though

4. Chief Justice Earl Warren
Vinson dies in 1953
As per a deal in the 1952 election, Warren was given the first seat on the United States Supreme Court
He had served for more than a decade as California Governor
He was so popular, both parties nominated him in 1946
He had been the GOP candidate for Vice-President in 1948
He disliked then VP Richard Nixon, a fellow Republican from California
He turned out to be quite liberal
This truly was “the Warren Court”
Probably the most important Chief Justice in history
Only Marshall would vie for this title

5. Brown v. Board of Education I (1954)
Background
Challenges to segregated schools in Delaware, Kansas, South Carolina, Virginia and the District of Columbia (Kansas is the lead case)
They had lost at the district court level based on Plessy still being in place
The Browns were black but lived in a mostly white area
But Topeka’s schools were segregated
Her parents wanted her to go to the neighborhood school for her which was white
They also saw the white school as a better school
The Court has to answer the question as to whether racial segregation in schools is unconstitutional

6. Brown v. Board of Education I- II
Arguments
For Brown and other plaintiffs
This is a distinction based solely on race
Plessy has been rendered inoperable by recent cases
Social science shows that the segregated school stills inferiority in minorities
For Topeka and the other school districts and states
The black and white schools are substantially equal
Plessy is still good law
There is no evidence of harm from children attending these schools

7. Brown v. Board of Education I- III
Warren, C.J. for a unanimous Court
There is inconclusive history on the 14th Amendment and racial segregation
There was not much free public education in the South
For whites is was private, but sparse for blacks
Even not to today’s standards in the North
Beginning with Plessy, the courts interpreted discrimination against blacks

8. Brown v. Board of Education I- IV
Warren, C.J. for a unanimous Court
They look not to the issue of equality, but the effects of segregated schools
Education is very important to modern success
Free public education must be on equal terms
They find segregation has other tangible factors to deny equal education
McLaurin a black admitted to a white graduate school should be treated equally
There were certain intangible factors in play
Segregation meant to be enforced against blacks
Leads to a sense of inferiority that hurts the ability to learn
It retards their ability to learn versus in the integrated environment

9. Brown v. Board of Education I- V
More from Warren, C.J.
Plessy is overruled
Separate but equal has no place in public education
Segregation in public schools violate the Equal Protection Clause of the 14th Amendment
However, the issue of the remedy was to be reargued later in the year

10. Boling v. Sharpe (1954) Boling v. Sharpe (1954)
The case in segregated schools in the District of Columbia
It is not a state, thus not subject to the language of the 14th Amendment
They use reverse incorporation
Since a certain standard was placed on states, it would be unthinkable that the same Constitution would put a lesser burden on the federal government
They find this violates the 5th Amendment Due Process Clause
This will apply to all federal racial classifications in the future

11. Brown v. Board of Education II- (1955)
Background
This is the same set of cases
However, the Court wanted re-argument on the remedy here
It had been reargued before at the urging of Frankfurter
It was Warren that built consensus for Brown as the Court been badly divided
The question here is how to enforce the previous decision
There was a range from immediate implementation to a timetable to gradual

12. Brown v. Board of Education II- II
Arguments
For Brown and the other plaintiffs
Black students should be admitted to their schools of choice immediately
Constitutional rights had been violated at least the next academic year
No evidence that gradual implementation will be smoother
The court should at the least set some timeline
For Topeka and the other schools
This should be done gradually
Immediate implementation could harm children
School boards should be given the chance to manage the transitions

13. Brown v. Board of Education II- III
Warren, C.J. for a unanimous Court
These cases should be remanded for district courts to draft appropriate remedies
The district courts can best meet and understand local needs
The burden will be on defendants to justify any extensions to implement this case
District courts will maintain jurisdiction during this time
“With all deliberate speed”
This was seen as part of a compromise to get a unanimous decision

14. Early Enforcement Cases
Cooper v. Aaron (1958)
Threats of violence no justification to keep segregation
Griffin v. Prince Edward County School District (1964)
The county closed its public schools for five years (by not collecting taxes)
However, the county provided scholarships to all white academies
Closing schools to deny education unconstitutional (district court could order taxes)
“Too much deliberation and not enough speed”- Black, J.
Green v. School Board of New Kent County (1968)
Freedom of choice plan students could choose which school to enroll
Very few blacks transferred to the white school (and they were harassed)
The school district needed some plan to desegregate eventually by grade not race separation

15. Next Lecture Pages 626-637 Busing and school desegregation
Massive Resistance
White Flight
Swann v. Charlotte-Mecklenburg Board of Education (1971)
Parents Involved Community Schools v. Seattle School District No. 1 (2007)
Meredith v. Jefferson County Board of Education (2007)