Negro schools.The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal," and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the Court took jurisdiction. Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions propounded by the Court.Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then-existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive.In 1896 the Supreme Court had held in Plessy v. Ferguson that racial segregation was permissible as long as equal facilities were provided for both races. Although that decision involved only passenger accommodations on a rail road, the principle of "separate but equal" was applied thereafter to all aspects of public life in states with large black populations.Brown v. Board of Education of Topeka, Kansas, decided on May 17, 1954, was one of the most important cases in the history of the U.S. Supreme Court. Linda Brown had been denied admission to an elementary school in Topeka because she was black. Brought together under the Brown designation were companion cases from South Carolina, Virginia, and Delaware, all of which involved the same basic question: Does the equal protection clause of the 14th Amendment prohibit racial segregation in the public schools?It was not until the late 1940's that the Court began to insist on equality of treatment, but it did not squarely face the constitutionality of the "separate but equal" doctrine until it decided th...
