Board of Education
In the 1954 Brown decision, the Court declared that separate
educational facilities for African American and white school
children violated equal protection.
The Court recognized that local conditions requested further
argument on the question of relief. Full implementation of
constitutional principles required solutions varied to local
The Court was guided by traditional attributes of equity power.
The Court seems to recognize the widespread resistance that its
order would generate.
The Court also recognizes that some places would be more
resistant than others, and thus allows the local courts to deal
with each case individually
You must yield to the Brown Decision
All state and local provisions requiring or permitting
discrimination in public education must yield to the 1954 Brown
Require varied local solution and local responsibility
Full implementation of the principles of Brown I may require
varied local solutions.
School authorities are to have primary responsibility for
implementing these solutions, and the courts will have to
consider whether the action of school authorities constitutes a
good faith implementation of governing constitutional
Therefore, we remand these cases to the courts that originally
The courts will be guided by equitable principles in overseeing
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.
Transition Obstacles to Overcome
There may be many obstacles to overcome in the transition to
school systems operating in accordance with Brown I, and Courts
of equity may properly take into account the public interest in
eliminating such obstacles.
Constitutional principles cannot yield
However, it should go without saying that the vitality of these
constitutional principles cannot yield simply because of
disagreement with them.
Schools should make a prompt and reasonable start
The courts will require that the schools (D) make a prompt and
reasonable start toward full compliance with Brown I, and may
allow additional time to carry out the ruling effectively.
Burden on school prove additional time needed
The burden shall be on the schools (D) to prove that such
additional time is necessary. During the transition to
integrated schools, the courts shall retain jurisdiction over
These cases are remanded to the lower 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.