Introduction to Legal Reasoning

DR FAIZA ISMAIL
Brown v Board of Education (1954)
 Facts
This case was the consolidation of four
cases arising in separate states relating
to the segregation of public schools on
the basis of race.
In each of the cases, African American
minors had been denied admission to
certain public schools based on laws
allowing public education to be
segregated by race.
They argued that such segregation
violates the Equal Protection Clause of
the Fourteenth Amendment.
The plaintiffs were denied relief based
on the precedent set by Plessy v.
Ferguson, which established the
“separate but equal”.
In the case arising from Delaware, the
Supreme Court of Delaware ruled that
the African American students had to be
admitted to the white public schools
because of their higher quality facilities.
 Issue
Did the racial segregation policy in public schools in the US
violate the right to equal protection under the fourteenth
amendment?
 Rule
14th Amendment, Section 1
All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the state wherein
they reside.
No state shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States;
nor shall any state deprive any person of life, liberty, or property, without
due process of law;
nor deny to any person within its jurisdiction the equal protection of the
laws.
 Analysis
1- Separate but equal- Plessy v Ferguson (1896)
Segregation promoted as a part of being
◦ Culture, values and traditions
◦ Majority prevails i.e. 60m Whites v 8m Blacks
◦ Self-constructed inferiority
◦ Enforced commingling not possible

Application of ‘separate but equal’ doctrine means

similar curriculum, premises, qualifications and salaries-
Briggs v Elliot
In 1896, the US Supreme Court held that
the segregation on trains was legal if black and white
people received equal services.
Southern states soon also used this idea of separate but
equal in schools, public buildings, etc.
 Analysis
2- History of fourteenth amendment
The 14th amendment was passed in 1868 after the Civil war in the US. Apparent objective of the
amendment was to ensure equal rights for all American citizens white as well as colored.
Initial interpretation was ‘proscribing all state-imposed discrimination against the Negro race’.
In 1896, Plessy v Ferguson introduced the doctrine of ‘separate but equal’. The doctrine was never
challenged before. Therefore, the court did not find any precedent against it.
In educational institutions the white students were treated better than the Negro students (Sweatt v
Painter).
In Briggs v Elliot the court required the state to ‘immediately equalize the facility’.
 Analysis
Segregation creates a feeling of inferiority among coloured people as to their status in
community
‘A sense of inferiority affects the motivation of a child to learn, segregation with the
sanction of law, therefore, has a tendency to [retard] the educational and mental
development of Negro children …’. Nonetheless the court in Kansas case refused the
relief on the ground of availability of equal facilities.
3- Findings in the Brown shows that equality has been created in terms of ‘buildings,
curricular, qualifications and salaries of teachers and other ‘tangible’ factors.
The doctrine of ‘equal but separate’ was inherently unequal and had no application to
educational institutions.
Segregation definitely violated equal protection to coloured people available under the
14th amendment.
Segregation deprived the students
their right to equal education.
The court held that the doctrine of
‘equal but separate’ did not apply
in the field of public education.
Brown II- Implementation in
1955. Judicial appraisal under the
court of equity to ensure
enforcement of decision.
4- In Bolling v Sharpe, the court
said no public interest is served
through the segregation.
Liberty is qualified by compelling
state interest. Segregation does
not serve any state objective, but
it constitutes an arbitrary
deprivation of their liberty in
violation of due process.
4- The Brown principle became
completely applicable after
Johnson v Virginia 1963-the US
Supreme Court reversed a
contempt conviction for refusal to
comply with a state judge’s order
to move to a section of a
courtroom reserved for blacks.

Insistence on segregation reflects

law being based on culture instead
of fairness.
Segregation was a reflection of
police power of the state

5- Refusal to ‘equal but separate’

reflects the fairness as reflected in
Roe v Wade where women’s right
to privacy was recognized against
the culture of denial of her right.