Nomination of Simon E. Sobeloff: Hearings, Eighty-fourth Congress, Second Session, on the Nomination of Simon E. Sobeloff, of Maryland, to be United States Ciruit Judge, Fourth Circuit, May 5, 21-22, June 4, 11, 25, 28, 1956

U.S. Government Printing Office, 1956 - 272 páginas

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Página 117 - any particular wrong, let it be corrected by an amendment in the way which the Constitution designated, but let there be no change by usurpation for though in this one instance may he the instrument of good, it is the customary weapon by which free governments are destroyed.
Página 121 - OPINION OF THE COURT Mr. CHIEF JUSTICE WARREN delivered the opinion of the Court. These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion. 1 In the
Página 123 - Lum v. Rice, 275 US 78, the validity of the doctrine itself was not challenged." In more recent cases, all on the graduate school level, inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. Missouri ex rel. Oaines v. Canada, 305 US 337;
Página 122 - In the South, the movement toward free common schools supported by general taxation, had not yet taken hold. Education of white children -was largely in the hands of private groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any
Página 120 - 493. (d) Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other
Página 123 - was written. We must consider public education in the light of its full development and its present place in American life throughout the Nation. Only in this "It ordains that no State shall deprive any person
Página 125 - that, within the limits set by normal geographic school districting, Negro children should forthwith be admitted to schools of their choice ; or "(&) may this Court, in the exercise of its equity powers, permit an effective gradual adjustment to be brought about from existing segregated systems to a system not
Página 123 - 399 US 637. In none of these cases was it necessary to reexamine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter, supra, the Court expressly reserved decision on the question whether Plessy v.
Página 123 - transportation." American courts have since labored with the doctrine for over half a century. In this Court, there have been six cases involving the "separate but equal" doctrine in the field of public education. 7 In
Página 124 - Because these are class actions, because of the wide applicability of this decision, and because of the great variety of local conditions, the formulation of decrees in these cases presents problems of considerable complexity.

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