4. why did the supreme court issue a second ruling enforcing the brown decision?

Overview:

Brown v. Board of Education (1954) was a landmark U.S. Supreme Court decision that struck down the “Separate but Equal” doctrine and outlawed the ongoing segregation in schools. The court ruled that laws mandating and enforcing racial segregation in public schools were unconstitutional, even if the segregated schools were “separate but equal” in standards. The Supreme Court’s decision was unanimous and felt that "separate educational facilities are inherently unequal," and hence a violation of the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. Nonetheless, since the ruling did not list or specify a particular method or way of how to proceed in ending racial segregation in schools, the Court's ruling in Brown II (1955) demanded states to desegregate “with all deliberate speed.”

Background:

The events relevant to this specific case first occurred in 1951, when a public school district in Topeka, Kansas refused to let Oliver Brown’s daughter enroll at the nearest school to their home and instead required her to enroll at a school further away. Oliver Brown and his daughter were black. The Brown family, along with twelve other local black families in similar circumstances, filed a class action lawsuit against the Topeka Board of Education in a federal court arguing that the segregation policy of forcing black students to attend separate schools was unconstitutional. However, the U.S. District Court for the District of Kansas ruled against the Browns, justifying their decision on judicial precedent of the Supreme Court's 1896 decision in Plessy v. Ferguson, which ruled that racial segregation did not violate the Fourteenth Amendment's Equal Protection Clause as long as the facilities and situations were equal, hence the doctrine known as "separate but equal." After this decision from the District Court in Kansas, the Browns, who were represented by the then NAACP chief counsel Thurgood Marshall, appealed to the Supreme Court.

The Supreme Court's ruling in Brown overruled Plessy v. Ferguson by holding that the "separate but equal" doctrine was unconstitutional for American educational facilities and public schools. This decision led to more integration in other areas and was seen as major victory for the Civil Rights Movement. Many future litigation cases used the similar argumentation methods used by Marshall in this case. While this was seen as a landmark decision, many in the American Deep South were uncomfortable with this decision. Various Southern politicians tried to actively resist or delay attempts to desegregated their schools. These collective efforts were known as the “Massive Resistance,” which was started by Virginia Senator Harry F. Byrd. Thus, in just four years after the Supreme Court’s ruling, the Supreme Court affirmed its ruling again in the case of Cooper v. Aaron, holding that government officials had no power to ignore the ruling or to frustrate and delay desegregation. 

[Last updated in July of 2022 by the Wex Definitions Team]

Date Filed: 12/09/1952

May 17, 1954, marks a defining moment in the history of the United States.  On that day, the Supreme Court declared the doctrine of  “separate but equal” unconstitutional and handed LDF the most celebrated victory in its storied history.

Although the Supreme Court’s decision in Brown was ultimately unanimous, it occurred only after a hard-fought, multi-year campaign to persuade all nine justices to overturn the “separate but equal” doctrine that their predecessors had endorsed in the Court’s infamous 1896 Plessy v. Ferguson decision.  This campaign was conceived in the 1930s by Charles Hamilton Houston, then Dean of Howard Law School, and brilliantly executed in a series of cases over the next two decades by his star pupil, Thurgood Marshall, who became LDF’s first Director-Counsel.

When Did Brown v. Board of Education Start?

Brown itself was not a single case, but rather a coordinated group of five lawsuits against school districts in Kansas, South Carolina, Delaware, Virginia, and the District of Columbia starting in December 1952. To litigate these cases, Marshall recruited the nation’s best attorneys, including Robert Carter, Jack Greenberg, Constance Baker Motley, Spottswood Robinson, Oliver Hill, Louis Redding, Charles, and John Scott, Harold R. Boulware, James Nabrit, and George E.C. Hayes.  

These LDF lawyers were assisted by a brain trust of legal scholars, including future federal district court judges Louis Pollack and Jack Weinstein, along with William Coleman, the first black person to serve as a Supreme Court law clerk.  In addition, LDF relied upon research by historians, such as John Hope Franklin, and an array of social science arguments. This research included psychologist Kenneth Clark’s now-famous doll experiments, which demonstrated the impact of segregation on black children – Clark found black children were led to believe that black dolls were inferior to white dolls and, by extension, that they were inferior to their white peers. 

What Happened in Brown v. Board of Education?

After the five cases were heard together by the Court in December 1952, the outcome remained uncertain.  The Court ordered the parties to answer a series of questions about the specific intent of the Congressmen and Senators who framed the Fourteenth Amendment to the U.S. Constitution and about the Court’s power to dismantle segregation.  Then the Court scheduled another oral argument in December 1953.  

Wrapping up his presentation to the Court in that second hearing, Marshall emphasized that segregation was rooted in the desire to keep “the people who were formerly in slavery as near to that stage as is possible.”   Even with such powerful arguments from Marshall and other LDF attorneys, it took another five months for the newly appointed Chief Justice Earl Warren’s behind-the-scenes lobbying to yield a unanimous decision. 

Recognizing the controversial nature of its decision, the Court waited another year to issue an order enforcing the decision in Brown II.  Even then, the Court was unwilling to establish a firm timetable for dismantling segregation.  It ruled only that public schools desegregate “with all deliberate speed.”  Unfortunately, desegregation was neither deliberate nor speedy.  In the face of fierce and often violent “massive resistance, ” LDF sued hundreds of school districts across the country to vindicate the promise of Brown.  

It was not until LDF’s subsequent victories in Green v. County School Board (1968) and Swann v. Charlotte-Mecklenburg (1971) that the Supreme Court issued mandates that segregation be dismantled “root and branch,” outlined specific factors to be considered to eliminate effects of segregation, and ensured that federal district courts had the authority to do so.

Who Won Brown v. Board of Education?

That is a complicated answer. Even today, the work of Brown is far from finished.  Over 200 school desegregation cases remain open on federal court dockets; LDF alone has nearly 100 of these cases. Recent Supreme Court decisions have made it harder to achieve and maintain school desegregation.  

As a result of these developments and other factors, public school children are more racially isolated now than at any point in the past four decades.  This backsliding makes it even more critical for LDF to continue defending the principles articulated in Brown and leading the ongoing struggle to provide an equal opportunity to learn for children in every one of our nation’s classrooms.  

As then-Senator Obama observed in a 2008 speech in Philadelphia, “segregated schools were, and are, inferior schools 50 years after Brown v. Board of Education – and the inferior education they provided, then and now, helps explain the pervasive achievement gap between today’s black and white students.”

What Was the Impact of Brown v. Board of Education?

The legal victory in Brown did not transform the country overnight, and much work remains.  But striking down segregation in the nation’s public schools provided a major catalyst for the civil rights movement, making possible advances in desegregating housing, public accommodations, and institutions of higher education.  

The decision gave hope to millions of Americans by permanently discrediting the legal rationale underpinning the racial caste system that had been endorsed or accepted by governments at all levels since the end of the nineteenth century. And its impact has been felt by every American.

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