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MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

These cases were decided on May 17, 1954. The opinions of that date,' declaring the fundamental principle that racial discrimination in public education is unconstitutional, are incorporated herein by reference. All provisions of federal, state, or local law requiring or pernitting such discrimination must yield to this principle. There remains for consideration the manner in which relief is to be accorded.

Because these cases arose under different local conditions and their disposition will involve a variety of local problems, we requested further argument on the question of relief." In view of the nationwide importance of the decision, we invited the Attorney General of the United

1 347 U. S. 483; 347 U. S. 497.

* Further argument was requested on the following questions, 347 U. S. 483, 495-496, n. 13, previously propounded by the Court:

“4. Assuming it is decided that segregation in public schools violates the Fourteenth Amendment

"(a) would a decree necessarily follow providing that, within the limits set by normal geographic school districting, Negro children should forthwith be admitted to schools of their choice, or

"(b) may this Court, in the exercise of its equity powers, permit an effective gradual adjustment to be brought about from existing segregated systems to a system not based on color distinctions?

"5. On the assumption on which questions 4 (a) and (b) are based, and assuming further that this Court will exercise its equity powers to the end described in question 4 (b),

"(a) should this Court formulate detailed decrees in these cases; "(b) if so, what specific issues should the decrees reach;

"(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees;

"(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases, and if so what general directions should the decrees of this Court include and what procedures should the courts of first instance follow in arriving at the specific terms of more detailed decrees?"

States and the Attorneys General of all states requiring or permitting racial discrimination in public education to present their views on that question. The parties, the United States, and the States of Florida, North Carolina, Arkansas, Oklahoma, Maryland, and Texas filed briefs and participated in the oral argument.

These presentations were informative and helpful to the Court in its consideration of the complexities arising from the transition to a system of public education freed of racial discrimination. The presentations also demonstrated that substantial steps to eliminate racial discrimination in public schools have already been taken, not only in some of the communities in which these cases arose, but in some of the states appearing as amici curiae, and in other states as well. Substantial progress has been made in the District of Columbia and in the communities in Kansas and Delaware involved in this litigation. The defendants in the cases coming to us from South Carolina and Virginia are awaiting the decision of this Court concerning relief.

Full implementation of these constitutional principles may require solution of varied local school problems. School authorities have the primary responsibility for elucidating, assessing, and solving these problems; courts will have to consider whether the action of school authorities constitutes good faith implementation of the governing constitutional principles. Because of their proximity to local conditions and the possible need for further hearings, the courts which originally heard these cases can best perform this judicial appraisal. Accordingly, we believe it appropriate to remand the cases to those courts."

3 The cases coming to us from Kansas, South Carolina, and Virginia were originally heard by three-judge District Courts convened under 28 U. S. C. §§ 2281 and 2284. These cases will accordingly be remanded to those three-judge courts. See Briggs v. Elliott, 342 U. S.

In fashioning and effectuating the decrees, the courts will be guided by equitable principles. Traditionally, equity has been characterized by a practical flexibility in shaping its remedies and by a facility for adjusting and reconciling public and private needs. These cases call for the exercise of these traditional attributes of equity power. At stake is the personal interest of the plaintiffs in admission to public schools as soon as practicable on a nondiscriminatory basis. To effectuate this interest may call for elimination of a variety of obstacles in making the transition to school systems operated in accordance with the constitutional principles set forth in our May 17, 1954, decision. Courts of equity may properly take into account the public interest in the elimination of such obstacles in a systematic and effective manner. But it should go without saying that the vitality of these constitutional principles cannot be allowed to yield simply because of disagreement with them.

While giving weight to these public and private considerations, the courts will require that the defendants make a prompt and reasonable start toward full compliance with our May 17, 1954, ruling. Once such a start has been made, the courts may find that additional time is necessary to carry out the ruling in an effective manner. The burden rests upon the defendants to establish that such time is necessary in the public interest and is consistent with good faith compliance at the earliest practicable date. To that end, the courts may consider problems related to administration, arising from the physical condition of the school plant, the school transportation system, personnel, revision of school districts and attendance areas into compact units to achieve a system of determining admission to the public schools

• See Alexander v. Hillman, 296 U. S. 222, 239.
"See Hecht Co. v. Bowles, 321 U. S. 321, 329-330.

on a nonracial basis, and revision of local laws and regulations which may be necessary in solving the foregoing problems. They will also consider the adequacy of any plans the defendants may propose to meet these problems and to effectuate a transition to a racially nondiscriminatory school system. During this period of transition, the courts will retain jurisdiction of these


The judgments below, except that in the Delaware case, are accordingly reversed and the cases are remanded to the District Courts to take such proceedings and enter such orders and decrees consistent with this opinion as are necessary and proper to admit to public schools on a racially nondiscriminatory basis with all deliberate speed the parties to these cases. The judgment in the Delaware case-ordering the immediate admission of the plaintiffs to schools previously attended only by white children—is affirmed on the basis of the principles stated in our May 17, 1954, opinion, but the case is remanded to the Supreme Court of Delaware for such further proceedings as that Court may deem necessary in light of this opinion.

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It is so ordered.

No. 279, Misc. GOLDSBY. MISSISSIPPI. 305 U.S. 925 (1955). Supreme Court of Mississippi. Certiorari denied. Loring B. Moore and William R. Ming, Jr. for petitioner. Reported below: Miss. —.

No. 185, Misc. GOLDSBY 7. MISSISSIPPI. 352 U.S. 944 (1956). Supreme Court of Mississippi. Certiorari denied. Loring B. Moore and William R. Ming, Jr. for petitioner. Joe T. Patterson, Attorney General of Mississippi, for respondent. Reported below:


86 So.

2d 27.


This is an appeal in an action instituted under the Civil Rights Act, 8 U.S.C.A. §§ 43 and 47, against the Mayor and City Council of Baltimore and the members of the Board of Recreation and Parks of that city. Its purpose is to enjoin the enforcement of a rule officially adopted providing for the segregation of races in athletic activities in the public parks and playgrounds subject to the control of the Board and to recover damages alleged to have been sustained because of the enforcement of the rule. The parties entered into a stipulation that for the purposes of this case no contention was made that the facilities and services furnished the different races were not substantially equal. The contention of plaintiffs is that, notwithstanding this equality of treatment, the rule providing for segregation is violative of the provisions of the federal Constitution. The District Court dismissed the complaint on the authority of Plessy v. Ferguson, 163 U.S. 537, 16 S.Ct. 1138, 41 L.Ed. 256; and the principal argument made on appeal is that the authority of Plessy v. Ferguson has been so weakened by subsequent decisions that we should no longer consider it as binding. We do not think, however, that we are at liberty thus to disregard a decision of the Supreme Court which that court has not seen fit to overrule and which it expressly refrained from reexamining, although urged to do so, in the very recent case of Sweatt v. Painter, 70 S.Ct. 848. It is for the Supreme Court, not us, to overrule its decisions or to hold them outmoded.

BOYER et al. v. GARRETT et al.
No. 6113.

(183 Federal Reporter, 2d Series)
United States Court of Appeals
Fourth Circuit

Argued June 30, 1950.

Decided July 17, 1950.

Action by Philip Boyer, and others, against Robert Garrett, and others, to recover damages and to enjoin defendants, as members of the Board of Recreation and Parks of the City of Baltimore, and others, from enforcing a rule providing for the segregation of the races in athletic activities in public parks and playgrounds subject to the control of the Board. The United States District Court for the District of Maryland at Baltimore, W. Calvin Chesnut, J., rendered a decision, 88 F.Supp. 353, granting the defendants' motion for summary judgment, and the plaintiffs appealed. The Court of Appeals, Per Curiam, held that the rule did not violate amendments to the Federal Constitution.


Constitutional law 217

Rule officially adopted providing for segregation of races in athletic activities in public parks and playgrounds, subject to control of Municipal Board of Recreation and Parks, which did not deny substantially equal facilities and services to the different races, did not violate the First or Fourteenth Amendments to the Federal Constitution. U.S.C.A.Const.Amend. 14.

Dallas F. Nicholas and I. Duke Avnet, Baltimore, Md. (Edgar Paul Boyko and William H. Murphy, Baltimore, Md., on brief) for appellants.

Allen A. Davis, Baltimore, Md. (Thomas N. Biddison and Hugo A. Ricciuti, Baltimore, Md., on brief) for appellees.

We need not consider arguments based on the 1st Amendment or the Charter of the United Nations. The 1st Amendment manifestly has no relation to athletic contests, and there is nothing in the Charter of the United Nations which, if applicable here, is of broader scope than the provisions of the 14th Amendment in forbidding

Before PARKER Chief Judge, and SO- racial discrimination. PER and DOBIE, Circuit Judges.


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