Brown Case Brief

Question 1

What did the 1954 case decide?

Answer 1

The Supreme Court decided that racial discrimination in public education is unconstitutional and all federal, state, and local laws must end the discrimination

Question 2

What does Brown II have to decide?

Answer 2

The Supreme Court must determine the manner of relief

Question 3

How did the Supreme Court investigate the question of relief?

Answer 3

The Supreme court invited the Attorney General of the United States and the Attorneys general of all states that required or permitted racial discrimination in public education to present their views.

Question 4

Which states (parties) participated?

Answer 4

The United States, Florida, North Carolina, Arkanas, Oklahoma, Maryland, and Texas filed briefs and participated in the oral argument.

Question 5

Why did the court investigate the question of relief in this manner?

Answer 5

The court requested further argument on the question of relief because the cases arose under different local conditions and involved a variety of local problems.

Question 6

What were the arguments specifically?

Answer 6

4. Assuming it is decided that segregation in public schools violates the 14th amendment:
   (a) within the limits set by normal geographic school districting should negro children be admitted to schools of their choice or
   (b) or should the Court permit a gradual adjustment to desegregate the schools?
5. Assuming again that segregation in public schools violated the 14th amendment:
   (a) should thie court formulate detailed decrees (mandates) in these cases?
   (b) if so, what specific issues should the decrees address
   (c) Should the court appoint a special master to hear evidence with a view to recommending specific terms for such decrees
   (d) Should the court remand to the trial courts with directions to frame decrees in these cases, and if so what general direction should the decrees of this court include and what procedures should the trial courts follow in arriving at the specifiv terms of more detailed decrees?

Question 7

Which states(defendant) were awaiting a decision concerning relief?

Answer 7

South Carolina and Virginia

Question 8

Who did the court decide would be responsible for solving the problems?

Answer 8

the court decided that school authorities would have the primary responsibility for elucidating, assessing, and solving the problems;
and courts had the responsibility of of considering whether the action of school authorities constituted good faith implementation of the constitutional principles (judicial appraisal)

Question 9

Which courts will perform the judicial appraisal?

Answer 9

The courts which originally heard the cases because of their proximity to local conditions and the possible need for further hearings.

Question 10

What action did the Supreme Court take in its judgment

Answer 10

cases remanded to the original courts

Question 11

In fashioning and effectuating the decrees, what principles was the court be guided by?

Answer 11

the court was guided by equitable principles in planning and execution

Question 12

How was equity traditionally characterized?

Answer 12

equity was characterized by (1) a practical flexibility in shaping its remedies and (2) by a facility for adjusting and reconciling public and private needs

Question 13

What do these cases call for? (regarding equity)?

Answer 13

These cases called for the exercise of equity power

Question 14

What was at Stake?

Answer 14

The personal interest of the plaintiffs in admission to public school as soon as possible on a nondiscriminatory basis.

Question 15

How might the court effectuate the personal interest?

Answer 15

elimination of obastacles in making the transition to school systems in accordance with the Brown I decision may effectuate the personal interest.
And Courts of equity may properly take into account the public interest in the elimination of such obstacles in a systemtic and effective manner.
(( Howver, the vitality of these constitutional principles cannot be allowed to yield simply because of disagreement with them))

Question 16

When were the defendants required to begin compliance?

Answer 16

The court required that the defendants make a prompt and reasonable start towards full compliance. However, 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.

Question 17

What burden rests on the defendant (good faith/reasonable time)

Answer 17

If additional time is needed, the burden rests on the defendants to establish that such time is necessary in the public interest and is consistent with good faith compliance at the earliest practical date

Question 18

What problems might the courts consider? (regarding execution)

Answer 18

Possible problems to consider were administration of the school facilities, the transportation system, personnel, revision of school districts and admission to the public schoools on a nonracial basis and revision of local laws and regulations

The courts were also to consider the adequacy of any plans the defendants proposed to solve the problems and to execute transition to a racially nondiscriminatory school system

Question 19

What was the Supreme Courts judgment?

Answer 19

The judgments (except for deleware) were reversed and remanded to the District Courts to enter such orders and decrees consistent with this opinoin as necessary and proper to admit to public schools on a racially nondiscriminatory bases with all deliberate speed (of the parties of these cases)
The Supreme Court affirmed the judgment in the Deleware case that ordered the immediate admission of the plaintiffs to schools previously attended only by white children. But the case was remanded to the Supreme Court of Deleware for further proceedings that the court deemed necessary in accordance with this opinion