I waited to see if anyone else would have posted this on May 17..but better late than never..
HOW COULD WE FORGET!High Court Bans School Segregation; 9-to-0 Decision Grants Time to Comply
Washington, May 17 -- The Supreme Court unanimously outlawed today racial segregation in public schools.
Chief Justice Earl Warren read two opinions that put the stamp of unconstitutionality on school systems in twenty-one states and the District of Columbia where segregation is permissive or mandatory.
The court, taking cognizance of the problems involved in the integration of the school systems concerned, put over until the next term, beginning October, the formulation of decrees to effectuate its 9-to-0 decision.
The opinions set aside the 'separate but equal' doctrine laid down by the Supreme Court in 1896.
"In the field of public education," Chief Justice Warren said, "the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal."
He stated the question and supplied the answer as follows:
"We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does."States Stressed Rights
The court's opinion does not apply to private schools. It is directed entirely at public schools. It does not affect the "separate but equal doctrine" as applied on railroads and other public carriers entirely within states that have such restrictions.
The principal ruling of the court was in four cases involving state laws. The states' right to operate separated schools had been argued before the court on two occasions by representatives of South Carolina, Virginia, Kansas and Delaware.
In these cases, consolidated in one opinion, the high court held that school segregation deprived Negroes of "the equal protection of the laws guaranteed by the Fourteenth Amendment."
The other opinion involved the District of Columbia. Here schools have been segregated since Civil War days under laws passed by Congress.
"In view of our decision that the Constitution prohibits the states from maintaining racially segregated public schools," the Chief Justice said, "it would be unthinkable that the same Constitution would impose a lesser duty on the Federal Government.
"We hold that racial segregation in the public schools of the District of Columbia is a denial of the due process of law guaranteeing by the Fifth Amendment to the Constitution."
The Fourteenth Amendment provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The Fifth Amendment says that no person shall be "deprived of life, liberty or property without due process of law."
The seventeen states having mandatory segregation are Alabama, Arkansas, Delaware, Florida, Mississippi, Missouri, North Carolina, Oklahoma, Georgia, Kentucky, Louisiana, Maryland, South Carolina, Tennessee, Texas, Virginia and West Virginia.
Kansas, New Mexico, Arizona and Wyoming have permissive statutes, although Wyoming never has exercised it.
South Carolina and Georgia have announced plans to abolish public schools if segregation were banned.
Although the decision with regard to the constitutionality of school segregation was unequivocal, the court set the cases down for reargument in the fall on questions that previously were argued last December. These deal with the power of the court to permit an effective gradual readjustment to school systems not based on color distinctions.
Other questions include whether the court itself should formulate detailed decrees and what issues should be dealt with. Also whether the cases should be remanded to the lower courts to frame decrees, and what general directions the Supreme Court should give the lesser tribunals if this were done.