Warren called a meeting of judges and presented them with the simple argument that the only reason to maintain racial segregation was an honest belief in the inferiority of blacks. Warren went on to argue that the court must overturn Plessy to maintain its legitimacy as an institution of liberty, and that it must do so unanimously to avoid massive resistance from the South. He began to form a unanimous opinion. Although most of the judges were immediately convinced, Warren spent some time after that famous speech trying to convince everyone to sign the opinion. Judge Jackson dropped his approval and Reed eventually decided to drop his appeal. The final decision was taken unanimously. Warren wrote the basic statement and circulated and revised it until he had an opinion that was supported by all members of the court. [37] Reed was the last objector and reportedly cried as the report was read. [38] The Supreme Court`s decision in Brown overturned Plessy v. Ferguson, declaring that the doctrine was “distinct but equal” unconstitutional for American educational institutions and public schools. This decision led to greater integration in other areas and was considered a great victory for the civil rights movement. Many subsequent litigation cases have used the similar methods of reasoning used by Marshall in this case. Although it was considered a historic decision, many in the American Deep South were uncomfortable with this decision.

Various Southern politicians have attempted to actively oppose or delay attempts to reverse the segregation of their schools. These collective efforts are known as the “massive resistance,” led by Virginia Senator Harry F. Byrd. Thus, only four years after the Supreme Court decision, the Supreme Court reaffirmed its decision in Cooper v. Aaron believed that government officials did not have the power to ignore the decision or to thwart and delay desegregation. The White South`s response to this legal attack on its institutions has been strong and persistent. Some “border states” that previously maintained separate integrated school systems, and others have allowed the symbolic admission of some black students to schools that were once racially unmixed. The Deep South, however, did not attempt to obey the court`s order, and in some districts there is no doubt that the decision to end segregation increased opposition to integration proposals. The underlying case began in 1951, when the public school system in Topeka, Kansas, refused to enroll the daughter of Oliver Brown, a local black resident, in the elementary school closest to her home, and ordered her to take the bus to a black school further away. The Browns and twelve other local black families in similar situations have filed a class action lawsuit in the United States.

Federal Court v. Topeka Board of Education, alleging that its segregation policy was unconstitutional. A special court composed of three judges of the United States District Court for the District of Kansas has rendered a verdict against the Browns, citing the precedent of Plessy v. Ferguson and his doctrine of “separate but equal.” The Browns, represented at the time by NAACP General Counsel Thurgood Marshall, appealed the decision directly to the Supreme Court. A PBS film called “Simple Justice” tells the story of Brown vs. Board of Education, beginning with the work of the NAACP Legal Defense Fund to fight “separately but also” in higher education, culminating in the landmark 1954 decision. Oliver Brown et al. v.

The Board of Education in Topeka, Kansas, was named after Oliver Brown to have a man at the top of the list. Lawyers and the NAACP`s national chapter also felt that Brown at the top of the list would be better received by U.S. Supreme Court justices. The 13 applicants were: Oliver Brown, Darlene Brown, Lena Carper, Sadie Emmanuel, Marguerite Emerson, Shirley Fleming, Zelma Henderson, Shirley Hodison, Maude Lawton, Alma Lewis, Iona Richardson, Vivian Scales and Lucinda Todd. [18] The last surviving applicant, Zelma Henderson, died in Topeka on May 20, 2008 at the age of 88. [19] [20] Despite two unanimous decisions and cautious, albeit vague, wording, there was considerable opposition to the Supreme Court`s decision in Brown v. Schulamt. In addition to the obviously disapproving segregationists, some constitutional experts felt that the decision violated legal tradition by relying heavily on data provided by social scientists, rather than on established precedents or laws. Proponents of judicial deference argued that the court had exceeded its constitutional powers by essentially drafting new laws.

(d) Should the Court refer the courts of first instance with instructions to deliver judgements in such cases and, if so, what general instructions should the judgements of this Court contain and what procedures should the courts of first instance follow to arrive at the precise wording of more detailed judgements? We lived in an integrated neighborhood and I had all these playmates of different nationalities. And when I found out that day that maybe I could go to their school, I was just thrilled, you know. And I remember that day I went to Sumner School with my dad and I walked up the steps of the school and the school looked so big for a smaller child. And I remember coming in and my dad talked to someone, and then he went into the inner office with the manager and they left me outside. to sit outside with the secretary.