Site Loader
Rock Street, San Francisco

Supreme Court Legal BrieLegal Brief Case Name: Brown v. Topeka Board of EducationCase Number: 349 US 294 This case was heard by the Federal district court in April of 1955.  This case started because “Oliver Brown, an African-American welder and assistant pastor, who brought the case against the Topeka Board of Education for not allowing his nine-year-old daughter, Linda, to attend Sumner Elementary School, an all-white school near their home. After linda was denied she had to go to a all black school farther away from her house.” (http://www.cnn.com). In order for linda to get to her school she had to cross a dangerous railroad track.  The outcome of the case was “racial schools were inherently unequal” (http://www.cnn.com) and Oliver Brown, Mrs. Richard lawton, and Mrs. Sadie Emmanuel et al appealed it to the Board of Education of Topeka.   “The outcome of that appeals case was separate educational facilities are inherently unequal and in May 1955 it was appealed to the Supreme Court” (https://www.oyez.org).This Supreme Court case addresses the “14th amendment equal protection clause of the constitution” (http://landmark cases.org) as it relates to Federal district court.   The equal protection clause in the 14th amendment says that The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction “the equal protection of the laws” (https://learning.blogs.nytimes.com).  This case relates to the 14th Amendment’s clause because it says that all people will have equal protection and the Brown’s don’t have the same protection as the whites do while they are walking to school. With regards to Brown v. the Board of Education, the U.S. Supreme Court needed to answer the question: “What means should be used to implement the principles in brown??”(https://www.oyez.org).This case started as five different lawsuits that eventually were combined by the supreme court in 1952. The appellants of this court case were “Oliver Brown, Mrs. Richard Lawton, Mrs. Sadie Emmanuel et al” (https://www.oyez.org) and they argued that the equal protection clause in the 14th amendment was being violated because black people couldn’t go to the same school as white people. The appellant was the Board of Education of Topeka Kansas and it argued that the Plessy v. Ferguson decision that schools were separate but equal and the court initially agreed that this was fair under the Plessy versus Ferguson case in 1896 (http://landmark cases.org). That case said that separate schooling for different races was fair and constitutional as long as the education was considered equal. When the Brown V. Board case was struck down, Brown took it to the Supreme Court and provided psychological data that showed black children felt inferior to their white peers. The Justice who authored the Majority Opinion was Warren E. Burger.  He said that this is a violation of the 14th Amendment and believes that it should be fixed.  The following Justices also agreed with the Majority Opinion that it’s violating the equal protection clause in the 14 amendment. “Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the Negro group…Any language in contrary to this finding is rejected. We conclude that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” (Earl Warren)The overall decision was unanimous, with all 9 justices agreeing that it was unconstitutional. Beyond Justice Warren, the other 8 justices Black, Frankfurter, Clark, Harlan, Douglas, Reed, Burton, Minton.The final decision was made after a 5/4 vote.  The outcome of the case reflected the opinion of the majority and that equal but “separate schools are inherently unequal” (https://www.oyez.org).  The public’s response to the case was that black people were happy with the outcome and others were unhappy that the black people are getting equal rights. Those for supporting the case were African Americans, and those who were against were white citizens.  The native americans were still upset because they did not feel equal to the white citizens living nextdoor. Altho the whites were happy because they felt that they were more than the Native Americans.Another case that is similar is the 1849: Roberts v. The City of Boston. This case started because, a school in boston was not segregated. Atho the Native Africans still felt less than their white citizens.   The decision of the case changed the law in country made a slow progress to make equal opportunity in education because the Justices had ruled that “racially segregated schools are inherently unequal” (https://www.oyez.org).The decision from the case brown v. board of education was overturned in Plessy v. Ferguson, which was about separate but equal doctrine and the decision of that case said that equal  but racially separate schools are inherently unequal. –OR–The decision from Brown v. education is still standing today.  Other cases have/have not been heard by the Supreme Court but they have not been decided in a way that changes the outcome of Plessy v.  Ferguson.  My opinion regarding the case brown v. the board of education  is that equal but separate schools are unequal because I like how our lives are in 2017 with no racially segregated schools. So that all colors can enjoy the same learning, and without this case it would not have encouraged the civil rights movement.This case is about  racially segregated schools being unequal, and many might not think that it would impact me, a 14 year old girl, but it does affect my life.  Even thought this was a long time ago it affects me because, I go to school 5 times a week. And if this case was never discussed then we might not even have the same type of schooling system.ReferencesGlass, A., Moss, B. P., Shafer, J., Glasser, S. B., & Dovere, E. (2016, May 17). Supreme Court outlaws ‘separate but equal’ schools, May 17, 1954. Retrieved December 06, 2017, from https://www.politico.com/story/2016/05/supreme-court-outlaws-separate-but-equal-schools-223198 Landmark US Cases Related to Equality of Opportunity in K-12 Education. (n.d.). Retrieved December 06, 2017, from https://edeq.stanford.edu/sections/landmark-us-cases-related-equality-opportunity-education 10 important Supreme Court cases about education. (n.d.). Retrieved December 06, 2017, from https://constitutioncenter.org/blog/10-important-supreme-court-cases-about-education Network, T. L. (2012, May 17). May 17, 1954 | Supreme Court Declared School Segregation Unconstitutional in Brown v. Board of Education. Retrieved December 06, 2017, from https://learning.blogs.nytimes.com/2012/05/17/may-17-1954-supreme-court-declares-school-segregation-unconstitutional-in-brown-v-board-of-education/Landmark Cases of the U.S. Supreme Court. (n.d.). Retrieved December 06, 2017, from http://landmarkcases.org/en/landmark/cases/brown_v_board_of_education Brown v. Board of Education. (2017, December 02). Retrieved December 06, 2017, from https://en.wikipedia.org/wiki/Brown_v._Board_of_Education Brown v. Board of Education Fast Facts. (2017, April 28). Retrieved December 06, 2017, from http://www.cnn.com/2013/07/04/us/brown-v-board-of-education/index.html Council, W. C., Greenberg, J., Motley, C. B., Parks, R., King, M. L., Kennedy, J. F., . . . Brady, T. B. (2004, November 13). Brown v. Board at Fifty: “With an Even Hand”The Aftermath. Retrieved December 06, 2017, from https://www.loc.gov/exhibits/brown/brown-aftermath.html

Post Author: admin

x

Hi!
I'm Velma!

Would you like to get a custom essay? How about receiving a customized one?

Check it out