In two cases set for argument in October, laws of Kansas and
South Carolina providing for racial segregation in public schools
were challenged as violative of the Fourteenth Amendment. In
another case raising the same question with respect to laws of
Virginia, appellants had filed a statement of jurisdiction and a
motion requesting that all three cases be argued together. There
was pending in the United States Court of Appeals for the District
of Columbia Circuit a case in which segregation in public schools
of the District of Columbia was challenged as violative of the
Fifth Amendment.
Held:
1. The Kansas and South Carolina cases are continued on the
docket; probable jurisdiction is noted in the Virginia case; and
arguments in all three will be heard in December. Pp.
344 U. S. 2-3.
2. Judicial notice is taken of the pendency of the District of
Columbia case. The Court will entertain a petition for certiorari
in that case, which, if presented and granted, will afford
opportunity for argument of that case immediately following
arguments in the other three cases. P.
344 U. S. 3.
Page 344 U. S. 2
The following are citations to the reports of the decisions
below: No. 8, the
Kansas case,
98 F.
Supp. 797; No. 101, the
South Carolina case,
103 F.
Supp. 920; No.191, the
Virginia case,
103 F.
Supp. 337.
PER CURIAM.
In two appeals now pending, No. 8,
Brown et al. v. Board of
Education of Topeka et al., and No. 101,
Briggs et al. v.
Elliott et al., the appellants challenge, respectively, the
constitutionality of a statute of Kansas and a statute and the
Constitution of South Carolina, which provide for segregation in
the schools of these states.
98 F. Supp.
797,
103 F.
Supp. 920. Appellants allege that segregation is,
per
se, a violation of the Fourteenth Amendment. Argument in these
cases has heretofore been set for the week of October 13, 1952.
In No.191,
Davis et al. v. County School Board of Prince
Edward County et al., the appellants have filed a Statement of
Jurisdiction raising the same issue in respect to a statute and the
constitution of Virginia.
103 F.
Supp. 337. Appellees in the
Davis case have called
attention to the similarity between it and the
Briggs and
Brown cases; by motion,
Page 344 U. S. 3
they have asked the Court to take necessary action to have all
three cases argued together.
This Court takes judicial notice of a fourth case, which is
pending in the United States Court of Appeals for the District of
Columbia Circuit,
Bolling et al. v. Sharpe et al., No.
11,018 on that court's docket. In that case, the appellants
challenge the appellees' refusal to admit certain Negro appellants
to a segregated white school in the District of Columbia; they
allege that appellees have taken such action pursuant to certain
Acts of Congress; they allege that such action is a violation of
the Fifth Amendment of the Constitution.
The Court is of the opinion that the nature of the issue posed
in those appeals now before the Court involving the Fourteenth
Amendment, and also the effect of any decision which it may render
in those cases, are such that it would be well to consider,
simultaneously, the constitutional issues posed in the case of
Bolling v. Sharpe.
To the end that arguments may be heard together in all four of
these cases, the Court will continue the
Brown and
Briggs cases on its docket. Probable jurisdiction is noted
in
Davis v. County School Board of Prince Edward County.
Arguments will be heard in these three cases at the first argument
session in December.
The Court will entertain a petition for certiorari in the case
of
Bolling v. Sharpe, 28 U.S.C. §§ 1254(1),
2101(e), which, if presented and granted, will afford opportunity
for argument of the case immediately following the arguments in the
three appeals now pending.
It is so ordered.
MR. JUSTICE DOUGLAS dissents from postponing argument and
decision in the three cases presently here for
Bolling v.
Sharpe, in the United States Court of Appeals for the District
of Columbia Circuit.
Together with No. 101,
Briggs et al. v. Elliott et al.,
Members of Board of Trustees of School District #22, on appeal
from the United States District Court for the Eastern District of
South Carolina, and No.191,
Davis et al. v. County School Board
of Prince Edward County et al., on appeal from the United
States District Court for the Eastern District of Virginia.
