5 Explosive U.S. Supreme Court Cases That Defined Race in America
5 Explosive U.S. Supreme Court Cases That Defined Race in America

5 Explosive U.S. Supreme Court Cases That Defined Race in America

Donna Patricia Ward - April 1, 2017

5 Explosive U.S. Supreme Court Cases That Defined Race in America
Colored School in South Carolina, circa 1870-1885. Public Domain

Brown v. Board of Education – 1954

Public education for all children was not realized until the twentieth century. School districts across the country routinely underfunded schools for African Americans. Jim Crow laws in the South and de facto understandings in the North meant that most school boards consisted of all white members or a majority of whites. Underfunding of separate but equal schools occurred throughout the nation. Not until the early 1950s did education change.

In 1951 and 1952, five lawsuits were filed. African American parents were tired of the inferior and underfunded education school boards were giving to their children. Numerous families joined lawsuits in South Carolina, Delaware, Kansas, Virginia, and Washington, DC. Four of the lawsuits claimed that the school boards were in violation of the Equal Protection Under the Law Clause of the Fourteenth Amendment. The remaining lawsuit argued that an inferior and underfunded education for blacks was in violation of the Due Process Clause of the Fifth Amendment.

Throughout the first half of the twentieth century, black students attended colored schools. Some of the schools had no heating, electricity, or indoor plumbing. Most colored schools did not have gymnasiums or cafeterias. According to one lawsuit, the school board refused to provide transportation for black students stating there was no money in their budget while that district used thirty buses to transport white students.

While school boards maintained that they were providing an equal education, albeit separate for both blacks and whites, an increase in national desegregation efforts was gaining results. Most importantly, President Harry Truman issued an executive order on July 26, 1948, that abolished racial segregation in the armed forces. The National Association for the Advancement of Colored People and its Legal Defense Fund searched for local cases that were challenging education.

The five cases that became know as Brown v Board of Education were Harry Briggs, et al. v. R.W. Elliot, chairman, et al from Clarendon, South Carolina; Davis v. County School Board of Prince Edward County from Farmville, Virginia; Gebhart v. Belton from Claymont, Delaware; Bolling v. Sharpe from the District of Columbia; and Brown v. Board of Education of Topeka from Kansas. All of the cases argued that because of ongoing underfunding of the black schools in each respective district, black students were not receiving the same education as white students.

The US Supreme Court heard the Brown case in December 1952. When no decision could be made to announce in the Spring of 1953 and with the death of Chief Justice Fred Vinson, the case was argued again on December 8, 1953. Chief Justice Earl Warren wanted a unanimous ruling to show that the nation had reached a consensus on legal segregation. President Dwight D. Eisenhower spoke to Chief Justice Warren stating that southerners did not want their girls to sit next to big black men in class, but that they were not bad people.

Finally, on Monday, May 17, 1954, the United States Supreme Court announced its decision. Chief Justice Warren read for the majority in the unanimous decision. Stating that the importance for public education in the Republic had evolved into a requirement for good citizenship, the support of segregating children solely based on their race could no longer exist. As such, the Court ruled that separate education for the races was not equal and no longer constitutional.

With the announcement of the decision, the burden of responsibility to ensure equal public education for white and black children fell to the states. Many states were tasked with amending parts of their constitutions that were now unenforceable and formulating plans to comply with the Court’s Brown decision. To state that the issue remained contentious would be a massive understatement. Throughout the South, North, and even West, public educators, board members, parents, and students viciously and sometimes violently attacked each other in attempts to prevent school desegregation.

In the end, it was the Court’s ruling in its 1896 Plessy v. Ferguson ruling that was overturned. No longer could separate but equal be the law of the land in public accommodations. The Warren court had decided that equal meant together, not separate. The last word was yet to come.

5 Explosive U.S. Supreme Court Cases That Defined Race in America
Bused students from the suburbs to the city in Charlotte, North Carolina, circa 1973. Public Domain

Swann v. Charlotte-Mecklenburg Board of Education – 1971

When the U.S. Supreme Court ruled that racially restrictive covenants could no longer be enforced through the courts, those that could move into suburban housing did so. Suburban communities were thought to be utopian and self-sustaining societies. Everything a person required could be found at the nearby strip mall, department store, or grocery store. Boulevards and streets wound through neighborhoods while interstate highways allowed suburbanites to travel through major metropolitan areas without ever seeing them. Schools reflected the ethnicity of the neighborhoods in which they were located.

New housing developments sprung up in the suburbs almost overnight. Fleeing the over-used and over-crowded city-center housing, they created new ethnic suburban enclaves. Developers were not coy in their advertising. They clearly stated if a new development was for whites or for people of color. With self-segregation in full swing, public schools began to look as they did in the decades before the Brown decision.

When the city school district consolidated with its county school district, the new Charlotte-Mecklenburg district had to devise a plan to integrate their schools as required by law. Busing was the only way to integrate the schools. For Charlotte, this meant creating a plan where inner city children, who were mostly black, were bussed out to white suburban schools and for white suburban kids to be bussed into inner city schools. Parents were not happy and violent protests erupted.

Parents did not want their children to go to integrated schools. White suburban parents wanted their children to remain in their neighborhood schools with their friends. For black students they did not want affluent whites in their schools as they brought with them a drug culture that interfered with the learning environment. As tempers flared, even the lawyers that argued for Swann had their homes firebombed and crosses burned in their front yards.

At issue in the Swann case was if bussing was a mode for which school districts throughout the country could ensure integration of their schools. When the United States Supreme Court ruled in 1971 that bussing was the only way to integrate schools, a federal mandate was placed upon all districts. In the Court’s decision, they acknowledged that at some point, districts would be racially equal and then the mandatory busing would end, leaving the school districts to maintain equality on their own.

Throughout the 1970s and in the 1980s, mandated busing worked in the Charlotte-Mecklenburg schools. As workers fled the Rust Belt cities of New York, Pennsylvania, and Ohio for the booming economy of the Queen City, busing again became a contentious matter. Eventually, mandated busing gave way to magnet and choice schools. For families that wanted to send their children to a school outside of their neighborhood, the district would not provide transportation. Parents either had to drive their children or they had to take public transportation.

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