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Brown v. Board of Education (Brown II)

Supreme Court of the United States · 1955 · Constitutional Law

Constitutional LawEqual ProtectionSchool DesegregationEquitable RemediesFourteenth Amendmentpublic educationracial discriminationequity

Facts

The Court had already declared the governing constitutional principle that racial discrimination in public education is unconstitutional. The cases arose under different local conditions, and the transition to racially nondiscriminatory school systems presented varied local school problems. Briefs and argument from the parties, the United States, and several states showed both the complexity of transition and that some communities and states had already taken substantial steps toward eliminating racial discrimination. The remaining question was how relief should be administered in these specific cases.

Issue

How should federal courts fashion and supervise relief after the determination that racial discrimination in public education is unconstitutional? Specifically, should the Court require immediate admission in every case or permit lower courts, acting in equity, to oversee a transition under general directions.

Rule

In implementing the constitutional prohibition on racial discrimination in public education, courts are to proceed according to equitable principles. Defendants must make a prompt and reasonable start toward full compliance; any additional time is permissible only if defendants carry the burden of showing that it is necessary in the public interest and consistent with good faith compliance at the earliest practicable date. Lower courts may consider local administrative obstacles and the adequacy of proposed plans, retain jurisdiction during the transition, and must ensure admission to public schools on a racially nondiscriminatory basis with all deliberate speed.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

The Pine Hollow School District in Birmingham, Alabama, has been ordered to stop assigning students by race. The district submits a proposal showing that it has already begun redrawing attendance zones and training enrollment staff, but asks the federal court for 18 additional months to complete transportation changes and reassign teachers.

What is the best response by the federal court?

Explanation. The majority held that remedies must be shaped according to equitable principles. Defendants must make a prompt and reasonable start toward full compliance, and any additional time is permitted only if defendants carry the burden of showing it is necessary in the public interest and consistent with good-faith compliance at the earliest practicable date. The Court rejected allowing constitutional commands to yield simply because officials disagree with them.