Brief for Appellants in Nos. 2 (1,) and 4 and for Respondents in No. on Reargument (10 ) - The Supreme Court Of The United States October Term, 1953, Appeals From The United States District Court For The District Of Kansas, The Eastern District Of South C

Brief for Appellants in Nos. 2 (1,) and 4 and for Respondents in No. on Reargument (10 ) - The Supreme Court Of The United States October Term, 1953

Brief for Appellants in Nos. 2 (1,) and 4 and for Respondents in No. on Reargument (10 ) - Appeals From The United States District Court For The District Of Kansas, The Eastern District Of South Carolina And The Eastern District Of Virginia, And On Petiti

Table of Contents Explanatory Statement Opinion Below Jurisdiction Statement of the Case Specification of Errors Jurisdiction Statement of the Case Specification of Errors Opinion Below Jurisdiction Statement of the Case Specification of Errors Opinion Below Jurisdiction Statement of the Case This Court's Order Summary of Argument Argument Part One Conclusion to Part I Part Two Conclus…

Brief for Appellants in Nos. 2 (1,) and 4 and for Respondents in No. on Reargument (10 ) - Explanatory Statement

One brief is being filed in these four cases. They fundamentally involve the same questions and issues. As an aid to the Court, we are restating below a full history of each case. The opinion of the statutory three-judge District Court for the District of Kansas (R. 238–244) is reported at 98 F. Supp. 797. The judgment of the court below was entered on August 3, 1951 (R. 247). On October 1,…

Brief for Appellants in Nos. 2 (1,) and 4 and for Respondents in No. on Reargument (10 ) - Summary Of Argument

These cases consolidated for argument before this Court present in different factual contexts essentially the same ultimate legal questions. The substantive question common to all is whether a state can, consistently with the Constitution, exclude children, solely on the ground that they are Negroes, from public schools which otherwise they would be qualified to attend. It is the thesis of this br…

Brief for Appellants in Nos. 2 (1,) and 4 and for Respondents in No. on Reargument (10 ) - Argument

The question of judicial power to abolish segregated schools is basic to the issues involved in these cases and for that reason we have undertaken to analyze it at the outset before dealing with the other matters raised by the Court, although formally this means that the first section of this brief comprehends Question No. 3: On the assumption that the answers to question 2(a) and (b) do not dispo…

Brief for Appellants in Nos. 2 (1,) and 4 and for Respondents in No. on Reargument (10 ) - Supplement

The first Section of the Fourteenth Amendment did not spring full blown from the brow of any individual proponent. Primitive natural rights theories and earlier constitutional forms were the origins of its equal protection-due process-privileges and immunities trilogy. The occasion for the metamorphosis of moral premises to full-fledged constitutional status was the attack on the American system o…