History ~ May


Welcome to The History Place!

May 17
1792 – Two dozen merchants and brokers established the New York Stock Exchange. In good weather they operated under a buttonwood tree on Wall Street. In bad weather they moved inside to a coffeehouse to conduct business.
May 17, 1875 – The first Kentucky Derby horse race took place at Churchill Downs in Louisville.
May 17, 1954 – In Brown v. Board of Education, the U.S. Supreme Court unanimously ruled that segregation of public schools “solely on the basis of race” denies black children “equal educational opportunity” even though “physical facilities and other ‘tangible’ factors may have been equal. Separate educational facilities are inherently unequal.” Thurgood Marshall had argued the case before the Court. He went to become the first African American appointed to the Supreme Court.
May 18
1980 – Mount St. Helens volcano erupted in southwestern Washington State spewing steam and ash over 11 miles into the sky. This was the first major eruption since 1857.
1998 – In one of the biggest antitrust lawsuits of the 20th century, American software giant Microsoft Corporation was sued by the U.S. Federal government and 20 state governments charging the company with using unfair tactics to crush competition and restrict choices for consumers. The lawsuits alleged Microsoft used illegal practices to deny personal computer owners the benefits of a free and competitive market and also alleged Microsoft extended its monopoly on operating systems to “develop a chokehold” on the Internet browser software market.
Birthday – Hollywood director Frank Capra (1897-1991) was born in Palermo, Sicily. His quintessential American films were affectionate portrayals of the common man and examined the strengths and foibles of American democracy. Best known for It’s a Wonderful Life (1946), Mr. Smith Goes to Washington (1939), It Happened One Night (1934) and You Can’t Take It with You (1938).
Birthday – Pope John Paul II (1920-2005) was born (as Karol Wojtyla) in Wadowice, Poland. In 1978, he became 264th Pope of the Roman Catholic Church, the first non-Italian elected in 456 years and the first Polish Pope.
May 19
1943 – During World War II in Europe, Royal Air Force bombers successfully attacked dams in the German Ruhr Valley using innovative ball-shaped bouncing bombs that skipped along the water and exploded against the dams. The dams had provided drinking water for 4 million persons and supplied 75% of the electrical power for industry in the area.

Birthday – Black nationalist and civil rights activist Malcolm X (1925-1965) was born in Omaha, Nebraska (as Malcolm Little). While in prison he adopted the Islamic religion and after his release in 1952, changed his name to Malcolm X and worked for the Nation of Islam. He later made a pilgrimage to Mecca and became an orthodox Muslim. He was assassinated while addressing a meeting in the Audubon Ballroom in Harlem on February 21, 1965.
Birthday – African American playwright Lorraine Hansberry (1930-1965) was born in Chicago, Illinois. She is best known for A Raisin in the Sun (1959) a play dealing with prejudice and black pride. The play was the first stage production written by a black woman to appear on Broadway. She died of cancer at the age of 34. A book of her writings entitled To Be Young, Gifted, and Black was published posthumously.
May 20 
May 20, 325 A.D. – The Council of Nicaea, the first ecumenical council of Catholic Church was called by Constantine I, first Christian Emperor of the Roman Empire. With nearly 300 bishops in attendance at Nicaea in Asia Minor, the council condemned Arianism which denied Christ’s divinity, formulated the Nicene Creed and fixed the date of Easter.
May 20, 1862 – President Abraham Lincoln signed the Homestead Act opening millions of acres of government owned land in the West to “homesteaders” who could acquire up to 160 acres by living on the land and cultivating it for five years, paying just $1.25 per acre.
May 20, 1927 – Charles Lindbergh, a 25-year-old aviator, took off at 7:52 a.m. from Roosevelt Field, Long Island, in the Spirit of St. Louis attempting to win a $25,000 prize for the first solo nonstop flight between New York City and Paris. Thirty-three hours later, after a 3,600 mile journey, he landed at Le Bourget, Paris, earning the nickname “Lucky Lindy” and becoming an instant worldwide hero.
May 20, 1932 – Amelia Earhart became the first woman to fly solo across the Atlantic. She departed Newfoundland, Canada, at 7 p.m. and landed near Londonderry, Ireland, completing a 2,026-mile flight in about 13 hours. Five years later, along with her navigator Fred Noonan, she disappeared while trying to fly her twin-engine plane around the equator.

May 21
May 21, 1881 – The American Red Cross was founded by Clara Barton. The organization today provides volunteer disaster relief in the U.S. and abroad. Community services include collecting and distributing donated blood, and teaching health and safety classes.
May 21, 1991 – Former Indian Prime Minister Rajiv Gandhi was assassinated in the midst of a re-election campaign, killed by a bomb hidden in a bouquet of flowers. He had served as prime minister from 1984 to 1989, succeeding his mother, Indira Gandhi, who was assassinated in 1984.

May 22
May 22, 1972 – President Richard Nixon became the first American president to visit Moscow. Four days later, Nixon and Soviet Russia’s leader Leonid Brezhnev signed a pact pledging to freeze nuclear arsenals at current levels.
May 22, 1947 – Congress approved the Truman Doctrine, assuring U.S. support for Greece and Turkey to prevent the spread of Communism.

Birthday – Laurence Olivier (1907-1989) was born in Dorking, England. Considered one of the most influential actors of the 20th Century, he was honored with nine Academy Award nominations, three Oscars, five Emmy awards, and a host of other awards. His repertoire included most of the major Shakespearean roles, and films such as The Entertainer, Rebecca, Pride and Prejudice, The Boys from Brazil, Marathon Man and Wuthering Heights. He was knighted in 1947 and made a peer of the throne in 1970.
May 23

Birthday – The first American female attorney Arabella Mansfield (1846-1911) was born near Burlington, Iowa (as Belle Aurelia Babb). She was certified in 1869 as an attorney and admitted to the Iowa bar, but never practiced law. Instead she chose a career as a college educator and administrator. She was also instrumental in the founding of the Iowa Suffrage Society in 1870.
May 24
1844 – Telegraph inventor Samuel Morse sent the first official telegraph message, “What hath God wrought?” from the Capitol building in Washington, D.C., to Baltimore.
May 24, 1881 – A boating disaster occurred in Canada when Victoria, a small, double-decked stern-wheeler carrying over 600 passengers on the Thames River keeled over then sank, killing 182 persons.
May 25 
1787 – The Constitutional Convention began in Philadelphia with delegates from seven states forming a quorum.

May 25, 1994 – After 20 years in exile, Russian author Alexander Solzhenitsyn returned to his homeland. He had been expelled from Soviet Russia in 1974 after his three-volume work exposing the Soviet prison camp system, The Gulag Archipelago, was published in the West.

Birthday – American author and philosopher Ralph Waldo Emerson (1803-1882) was born in Boston, Massachusetts. His works include: Nature (1836), Essays, First Series (1841), Essays, Second Series (1844), Poems (1847, 1865), Representative Men (1850), English Traits (1856), The Conduct of Life (1860), and Society and Solitude (1870).
May 26
1940 – The Dunkirk evacuation began in order to save the British Expeditionary Force trapped by advancing German armies on the northern coast of France. Boats and vessels of all shapes and sizes ferried 200,000 British and 140,000 French and Belgian soldiers across the English Channel by June 2nd.

*Birthday – Interpretive dancer Isadora Duncan (1878-1927) was born in San Francisco. She revolutionized the entire concept of dance by developing a free-form style and rebelled against tradition, performing barefoot in a loose fitting tunic. She experienced worldwide acclaim as well as personal tragedy. Her two children drowned, her marriage failed, and she met a bizarre death in 1927 when a scarf she was wearing caught in the wheel of the open car in which she was riding, strangling her.

May 27
1937 – In San Francisco, 200,000 people celebrated the grand opening of the Golden Gate Bridge by strolling across it.

Birthday – Legendary Wild West figure Wild Bill Hickok (1837-1876) was born in Troy Grove, Illinois. He was a frontiersman, lawman, legendary marksman, army scout and gambler. On August 2, 1876, he was shot dead during a poker game by a drunk in the Number Ten saloon in Deadwood, in the Dakota Territory. In his hand he held a pair of eights and a pair of aces which became known as the ‘dead man’s hand.’

May 28
1961 – Amnesty International was founded by London lawyer Peter Berenson. He read about the arrest of a group of students in Portugal then launched a one-year campaign to free them called Appeal for Amnesty. Today Amnesty International has over a million members in 150 countries working to free prisoners of conscience, stop torture and the death penalty, and guarantee human rights for women.

Birthday – All-around athlete Jim Thorpe (1888-1953) was born near Prague, Oklahoma. He won the pentathlon and decathlon events at the 1912 Olympic Games and also played professional baseball and football.
May 29
1453 – The city of Constantinople was captured by the Turks, who renamed it Istanbul. This marked the end of the Byzantine Empire as Istanbul became the capital of the Ottoman Empire.
May 29, 1660 – The English monarchy was restored with Charles II on the throne after several years of a Commonwealth under Lord Protector Oliver Cromwell.
May 29, 1787 – At the Constitutional Convention in Philadelphia the Virginia Plan was proposed calling for a new government consisting of a legislature with two houses, an executive chosen by the legislature and a judicial branch.
May 29, 1865 – Following the American Civil War, President Andrew Johnson issued a proclamation granting general amnesty to Confederates. The amnesty excluded high ranking Confederates and large property owners, who had to apply individually to the President for a pardon. Following an oath of allegiance, all former property rights, except slaves, were returned to the former owners.

Birthday – American revolutionary leader Patrick Henry (1736-1799) was born in Studley, Virginia. He is best remembered for his speech in 1775 declaring: “I know not what course others may take, but as for me, give me liberty or give me death.”

Birthday – John Fitzgerald Kennedy (1917-1963) the 35th U.S. President was born in Brookline, Massachusetts. He was the youngest man ever elected to the presidency and the first Roman Catholic. He was assassinated in Dallas, November 22, 1963, the fourth President to killed by an assassin.
May 30
May 30, 1922 – The Lincoln Memorial in Washington, D.C., was dedicated. The Memorial was designed by architect Henry Bacon and features a compelling statue of “Seated Lincoln” by sculptor Daniel Chester French.
May 30, 1943 – During World War II in the Pacific, the Aleutian Islands off the coast of Alaska were retaken by the U.S. 7th Infantry Division. The battle began on May 12 when an American force of 11,000 landed on Attu. In three weeks of fighting U.S. casualties numbered 552 killed and 1,140 wounded. Japanese killed numbered 2,352, with only 28 taken prisoner, as 500 chose suicide rather than be captured.

May 31

1862 – During the American Civil War, the Battle of Seven Pines occurred as Confederate General Joseph E. Johnston’s Army attacked Union General George McClellan’s troops in front of Richmond Virginia and nearly defeated them. Johnston was badly wounded. Confederate General Robert E. Lee then assumed command, replacing the wounded Johnston. Lee renamed his force the Army of Northern Virginia.
May 31, 1889 – Over 2,300 persons were killed in the Johnstown flood in Pennsylvania. Heavy rains throughout May caused the Connemaugh River Dam to burst sending a wall of water 75 feet high pouring down upon the city.
Birthday – American poet Walt Whitman (1819-1892) was born in Long Island, New York. His poem Leaves of Grass is considered an American classic. His poetry celebrated modern life and took on subjects considered taboo at the time.

(Photo and picture credits: Library of Congress and U.S. National Archives)

Anniversary of Brown v. Board of Education of Topeka – remember


Posted by Robin Caldwel

On May 17, 1954, Supreme Court under Chief Justice Earl Warren rendered a unanimous, landmark decision (9-0) declaring that state laws establishing separate public schools for black and white students and denying black children equal educational opportunities unconstitutional. The Brown v. the Board of Education of Topeka ruling overturned previous “separate but equal” rulings, including the 1896 decision, Plessy v. Ferguson. In effect, separation by race de jure (by law) violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.

In 1951, thirteen Topeka parents filed the class action lawsuit on behalf of their 20 children in the United States District Court for the district of Kansas. Leaders of the Topeka NAACP recruited the plaintiffs with Oliver Brown as the named plaintiff in the suit. The contention was that the state of Kansas, essentially, did not comply with separate but equal facilities for black and white children. Oliver Brown’s daughter, Linda, had to walk 6 blocks to catch a school bus that took her to the black elementary school 1 mile from their neighborhood, while a white elementary school was only seven blocks from the Browns’ home. Brown tried to register Linda at the school but was rejected. The Brown lawsuit was presented before the Supreme Court on appeal along with other suits representing plaintiffs in Washington, D. C., Virginia, South Carolina and Delaware.

The plaintiffs by name are as follows: Oliver Brown, Darlene Brown, Lena Carper, Sadie Emmanuel, Marguerite Emerson, Shirley Fleming, Zelma Henderson, Shirley Hodison, Maude Lawton, Alma Lewis, Iona Richardson, and Lucinda Todd.

Chief counsel for the NAACP, Thurgood Marshall, argued the case before the Supreme Court.

Brown V Board of Education ~~ Equality & Opportunity


Brown v. Board of Education (1954)
PBS.orgImage result for brown v board of education


Brown v. Board of Education (1954), now acknowledged as one of the greatest Supreme Court decisions of the 20th century, unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the Fourteenth Amendment. Although the decision did not succeed in fully desegregating public education in the United States, it put the Constitution on the side of racial equality and galvanized the nascent civil rights movement into a full revolution.Image result for brown v board of education

In 1954, large portions of the United States had racially segregated schools, made legal by Plessy v. Ferguson (1896), which held that segregated public facilities were constitutional so long as the black and white facilities were equal to each other. However, by the mid-twentieth century, civil rights groups set up legal and political, challenges to racial segregation. In the early 1950s, NAACP lawyers brought class action lawsuits on behalf of black schoolchildren and their families in Kansas, South Carolina, Virginia, and Delaware, seeking court orders to compel school districts to let black students attend white public schools.Image result for brown v board of education

One of these class actions, Brown v. Board of Education was filed against the Topeka, Kansas school board by representative-plaintiff Oliver Brown, parent of one of the children denied access to Topeka’s white schools. Brown claimed that Topeka’s racial segregation violated the Constitution’s Equal Protection Clause because the city’s black and white schools were not equal to each other and never could be. The federal district court dismissed his claim, ruling that the segregated public schools were “substantially” equal enough to be constitutional under the Plessy doctrine. Brown appealed to the Supreme Court, which consolidated and then reviewed all the school segregation actions together. Thurgood Marshall, who would in 1967 be appointed the first black justice of the Court, was chief counsel for the plaintiffsImage result for brown v board of education.

Thanks to the astute leadership of Chief Justice Earl Warren, the Court spoke in a unanimous decision written by Warren himself. The decision held that racial segregation of children in public schools violated the Equal Protection Clause of the Fourteenth Amendment, which states that “no state shall make or enforce any law which shall … deny to any person within its jurisdiction the equal protection of the laws.” The Court noted that Congress, when drafting the Fourteenth Amendment in the 1860s, did not expressly intend to require integration of public schools. On the other hand, that Amendment did not prohibit integration. In any case, the Court asserted that the Fourteenth Amendment guarantees equal education today. Public education in the 20th century, said the Court, had become an essential component of a citizen’s public life, forming the basis of democratic citizenship, normal socialization, and professional training. In this context, any child denied a good education would be unlikely to succeed in life. Where a state, therefore, has undertaken to provide universal education, such education becomes a right that must be afforded equally to both blacks and whites.

Were the black and white schools “substantially” equal to each other, as the lower courts had found? After reviewing psychological studies showing black girls in segregated schools had low racial self-esteem, the Court concluded that separating children on the basis of race creates dangerous inferiority complexes that may adversely affect black children’s ability to learn. The Court concluded that, even if the tangible facilities were equal between the black and white schools, racial segregation in schools is “inherently unequal” and is thus always unconstitutional. At least in the context of public schools, Plessy v. Ferguson was overruled. In the Brown II case a decided year later, the Court ordered the states to integrate their schools “with all deliberate speed.”

Opposition to Brown I and II reached an apex in Cooper v. Aaron (1958), when the Court ruled that states were constitutionally required to implement the Supreme Court’s integration orders. Widespread racial integration of the South was achieved by the late 1960s and 1970s. In the meantime, the equal protection ruling in Brown spilled over into other areas of the law and into the political arena as well. Scholars now point out that Brown v. Board was not the beginning of the modern civil rights movement, but there is no doubt that it constituted a watershed moment in the struggle for racial equality in America.

History of Brown v. Board of Education

UScourts.gov

The Plessy Decision ~~ Separate but Equal?

Although the Declaration of Independence stated that “All men are created equal,” due to the institution of slavery, this statement was not to be grounded in law in the United States until after the Civil War (and, arguably, not completely fulfilled for many years thereafter). In 1865, the Thirteenth Amendment was ratified and finally put an end to slavery. Moreover, the Fourteenth Amendment (1868) strengthened the legal rights of newly freed slaves by stating, among other things, that no state shall deprive anyone of either “due process of law” or of the “equal protection of the law.” Finally, the Fifteenth Amendment (1870) further strengthened the legal rights of newly freed slaves by prohibiting states from denying anyone the right to vote due to race.

Despite these Amendments, African Americans were often treated differently than whites in many parts of the country, especially in the South. In fact, many state legislatures enacted laws that led to the legally mandated segregation of the races. In other words, the laws of many states decreed that blacks and whites could not use the same public facilities, ride the same buses, attend the same schools, etc. These laws came to be known as Jim Crow laws. Although  many people felt that these laws were unjust, it was not until the 1890s that they were directly challenged in court. In 1892, an African-American man named Homer Plessy refused to give up his seat to a white man on a train in New Orleans, as he was required to do by Louisiana state law. For this action he was arrested. Plessy, contending that the Louisiana law separating blacks from whites on trains violated the “equal protection clause” of the Fourteenth Amendment to the U.S. Constitution, decided to fight his arrest in court. By 1896, his case had made it all the way to the United States Supreme Court. By a vote of 8-1, the Supreme Court ruled against Plessy. In the case of Plessy v. Ferguson, Justice Henry Billings Brown, writing the majority opinion, stated that:

“The object of the [Fourteenth] amendment was undoubtedly to enforce the equality of the two races before the law, but in the nature of things it could not have been intended to abolish distinctions based upon color, or to endorse social, as distinguished from political, equality. . . If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.”

The lone dissenter, Justice John Marshal Harlan, interpreting the Fourteenth Amendment another way, stated, “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.” Justice Harlan’s dissent would become a rallying cry for those in later generations that wished to declare segregation unconstitutional.

Sadly, as a result of the Plessy decision, in the early twentieth century the Supreme Court continued to uphold the legality of Jim Crow laws and other forms of racial discrimination. In the case of Cumming v. Richmond (Ga.) County Board of Education (1899), for instance, the Court refused to issue an injunction preventing a school board from spending tax money on a white high school when the same school board voted to close down a black high school for financial reasons. Moreover, in Gong Lum v. Rice (1927), the Court upheld a school’s decision to bar a person of Chinese descent from a “white” school.

The Road to Brown

(Note: Some of the case information is from Patterson, James T. Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy. Oxford University Press; New York, 2001.)

Early Cases

Despite the Supreme Court’s ruling in Plessy and similar cases, many people continued to press for the abolition of Jim Crow and other racially discriminatory laws. One particular organization that fought for racial equality was the National Association for the Advancement of Colored People (NAACP) founded in 1909. For about the first 20 years of its existence, it tried to persuade Congress and other legislative bodies to enact laws that would protect African Americans from lynchings and other racist actions. Beginning in the 1930s, though, the NAACP’s Legal Defense and Education Fund began to turn to the courts to try to make progress in overcoming legally sanctioned discrimination. From 1935 to 1938, the legal arm of the NAACP was headed by Charles Hamilton Houston. Houston, together with Thurgood Marshall, devised a strategy to attack Jim Crow laws by striking at them where they were perhaps weakest—in the field of education. Although Marshall played a crucial role in all of the cases listed below, Houston was the head of the NAACP Legal Defense and Education Fund while Murray v. Maryland and Missouri ex rel Gaines v. Canada were decided. After Houston returned to private practice in 1938, Marshall became head of the Fund and used it to argue the cases of Sweat v. Painter and McLaurin v. Oklahoma Board of Regents of Higher Education.

Murray v. Maryland (1936)

Disappointed that the University of Maryland School of Law was rejecting black applicants solely because of their race, beginning in 1933 Thurgood Marshall (who was himself rejected from this law school because of its racial acceptance policies) decided to challenge this practice in the Maryland court system. Before a Baltimore City Court in 1935, Marshall argued that Donald Gaines Murray was just as qualified as white applicants to attend the University of Maryland’s School of Law and that it was solely due to his race that he was rejected. Furthermore, he argued that since the “black” law schools which Murray would otherwise have to attend were nowhere near the same academic caliber as the University’s law school, the University was violating the principle of “separate but equal.” Moreover, Marshall argued that the disparities between the “white” and “black” law schools were so great that the only remedy would be to allow students like Murray to attend the University’s law school. The Baltimore City Court agreed and the University then appealed to the Maryland Court of Appeals. In 1936, the Court of Appeals also ruled in favor of Murray and ordered the law school to admit him. Two years later, Murray graduated.

Missouri ex rel Gaines v. Canada (1938)

Beginning in 1936, the NAACP Legal Defense and Education Fund decided to take on the case of Lloyd Gaines, a graduate student of Lincoln University (an all-black college) who applied to the University of Missouri Law School but was denied because of his race. The State of Missouri gave Gaines the option of either attending an all-black law school that it would build (Missouri did not have any all-black law schools at this time) or having Missouri help to pay for him to attend a law school in a neighboring state. Gaines rejected both of these options, and, employing the services of Thurgood Marshall and the NAACP Legal Defense and Education Fund, he decided to sue the state in order to attend the University of Missouri’s law school. By 1938, his case reached the U.S. Supreme Court, and, in December of that year, the Court sided with him. The six-member majority stated that since a “black” law school did not currently exist in the State of Missouri, the “equal protection clause” required the state to provide, within its boundaries, a legal education for Gaines. In other words, since the state provided legal education for white students, it could not send black students, like Gaines, to school in another state.

Sweat v. Painter (1950)

Encouraged by their victory in Gaines’ case, the NAACP continued to attack legally sanctioned racial discrimination in higher education. In 1946, an African American man named Heman Sweat applied to the University of Texas’ “white” law school. Hoping that it would not have to admit Sweat to the “white” law school if a “black” school already existed, elsewhere on the University’s campus, the state hastily set up an underfunded “black” law school. At this point, Sweat employed the services of Thurgood Marshall and the NAACP Legal Defense and Education Fund and sued to be admitted to the University’s “white” law school. He argued that the education that he was receiving in the “black” law school was not of the same academic caliber as the education that he would be receiving if he attended the “white” law school. When the case reached the U.S. Supreme Court in 1950, the Court unanimously agreed with him, citing as its reason the blatant inequalities between the University’s law school (the school for whites) and the hastily erected school for blacks. In other words, the “black” law school was “separate,” but not “equal.” Like the Murray case, the Court found the only appropriate remedy for this situation was to admit Sweat to the University’s law school.

McLaurin v. Oklahoma Board of Regents of Higher Education (1950)

In 1949, the University of Oklahoma admitted George McLaurin, an African American, to its doctoral program. However, it required him to sit apart from the rest of his class, eat at a separate time and table from white students, etc. McLaurin, stating that these actions were both unusual and resulting in adverse effects on his academic pursuits, sued to put an end to these practices. McLaurin employed Thurgood Marshall and the NAACP Legal Defense and Education Fund to argue his case, a case which eventually went to the U.S. Supreme Court. In an opinion delivered on the same day as the decision in Sweat, the Court stated that the University’s actions concerning McLaurin were adversely affecting his ability to learn and ordered that they cease immediately.

Brown v. Board of Education (1954, 1955)

The case that came to be known as Brown v. Board of Education was actually the name given to five separate cases that were heard by the U.S. Supreme Court concerning the issue of segregation in public schools. These cases were Brown v. Board of Education of Topeka, Briggs v. Elliot, Davis v. Board of Education of Prince Edward County (VA.), Boiling v. Sharpe, and Gebhart v. Ethel. While the facts of each case are different, the main issue in each was the constitutionality of state-sponsored segregation in public schools. Once again, Thurgood Marshall and the NAACP Legal Defense and Education Fund handled these cases.

Although it acknowledged some of the plaintiffs’/plaintiffs claims, a three-judge panel at the U.S. District Court that heard the cases ruled in favor of the school boards. The plaintiffs then appealed to the U.S. Supreme Court.

When the cases came before the Supreme Court in 1952, the Court consolidated all five cases under the name of Brown v. Board of Education. Marshall personally argued the case before the Court. Although he raised a variety of legal issues on appeal, the most common one was that separate school systems for blacks and whites were inherently unequal, and thus violate the “equal protection clause” of the Fourteenth Amendment to the U.S. Constitution. Furthermore, relying on sociological tests, such as the one performed by social scientist Kenneth Clark, and other data, he also argued that segregated school systems had a tendency to make black children feel inferior to white children, and thus such a system should not be legally permissible.

Meeting to decide the case, the Justices of the Supreme Court realized that they were deeply divided over the issues raised. While most wanted to reverse Plessy and declare segregation in public schools to be unconstitutional, they had various reasons for doing so. Unable to come to a solution by June 1953 (the end of the Court’s 1952-1953 term), the Court decided to rehear the case in December 1953. During the intervening months, however, Chief Justice Fred Vinson died and was replaced by Gov. Earl Warren of California. After the case was reheard in 1953, Chief Justice Warren was able to do something that his predecessor had not—i.e. bring all of the Justices to agree to support a unanimous decision declaring segregation in public schools unconstitutional. On May 14, 1954, he delivered the opinion of the Court, stating that “We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal. . .”

Expecting opposition to its ruling, especially in the southern states, the Supreme Court did not immediately try to give direction for the implementation of its ruling. Rather, it asked the attorney generals of all states with laws permitting segregation in their public schools to submit plans for how to proceed with desegregation. After still more hearings before the Court concerning the matter of desegregation, on May 31, 1955, the Justices handed down a plan for how it was to proceed; desegregation was to proceed with “all deliberate speed.” Although it would be many years before all segregated school systems were to be desegregated, Brown and Brown II (as the Courts plan for how to desegregate schools came to be called) were responsible for getting the process underway.

resource:  PBS.org UScourts.gov   Dec 9, 1952 – May 17, 1954

60 plus years and the struggle for Equity and Opportunity continues! In this 21st Century we still have folks pushing separate  – Nativegrl77