School Segregation and the Supreme Court

Led by the National Association for the Advancement of Colored People (NAACP), African Americans launched a prolonged assault on school segregation. Pursuing a strategy designed in the 1930s by its chief lawyer, Charles Hamilton Houston, the association filed lawsuits against states that excluded blacks from publicly funded law schools and universities. After victories in Missouri and Maryland, Houston’s successor, Thurgood Marshall, convinced the Supreme Court in 1950 to disband the separate law school that Texas had set up for blacks and to allow them to attend the University of Texas Law School. At the same time, the Court also eliminated separate facilities for black students at the University of Oklahoma graduate school and ruled against segregation in interstate rail transportation.

Before African Americans could attend college, they had to obtain a first-class education in public schools. All-black schools typically lacked the resources provided to white schools. The NAACP understood that without federal intervention southern officials would never live up to the “separate but equal doctrine” asserted in Plessy v. Ferguson (1896). African Americans sought to integrate schools not because they wanted their children to sit next to white students in classrooms and adopt their ways, but because they believed that integration offered the best and quickest way to secure quality education.

In fighting segregated education, the NAACP drew on grassroots organizing techniques in southern communities. In the late 1940s, black families in towns throughout the South joined together to pressure white officials to provide buses to transport children to school, to raise the salaries of black teachers, and to furnish classrooms with critical supplies. Led by black activists in South Carolina and Virginia, the NAACP filed lawsuits seeking to overturn Plessy. The association added cases from Delaware and Kansas, where a measure of segregation persisted, as well as from Washington, D.C., where the federal government was responsible for maintaining segregated schools in the nation’s capital.

On May 17, 1954, in Brown v. Board of Education of Topeka, Kansas, the Supreme Court overturned Plessy. In a unanimous decision read by Chief Justice Earl Warren, the Court concluded that “in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” This ruling undercut the legal foundation for segregation and officially placed the law on the side of those who sought racial equality. Nevertheless, the ruling did not end the controversy; in fact, it led to more battles over segregation. In 1955 the Court issued a follow-up opinion calling for implementation with “all deliberate speed.” But, it left enforcement of Brown to federal district courts in the South, which consisted mainly of white southerners who espoused segregationist views. As a result, southern officials emphasized “deliberate” rather than “speed” and slowed the implementation of the Brown decision.