Facts of the Case
The Supreme Court’s decision in Brown v. Board of Education, ordered school districts across the country to desegregate “with all deliberate speed.” However, nearly fifteen years after this order, many school districts, including schools in Holmes County, Mississippi, were either still segregated or saddled with laws making it very difficult for full integration to take place. In the summer of 1969, the United States District Court for the Southern District of Mississippi entered an order allowing the schools in Mississippi to continue using “freedom of choice” laws, which allowed parents to choose which school their children attended. The petitioners appealed to the United States Court of Appeals for the Fifth Circuit on July 23, 1969. That court, in a per curiam decision, reversed the lower court, but required the school districts to create and submit alternate plans by August 27, 1969. The petitioners then appealed.
Questions
Should the Supreme Court allow any further delay in the complete desegregation of the nations’ school?
Conclusions
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No. In a per curiam decision, the Supreme Court held that it was the obligation of every school district to immediately terminate any and all segregated school systems and to only operate integrated schools. Furthermore, the Supreme Court noted that the Court of Appeals should not have allowed any more motions for additional time to desegregate because, in the Court’s opinion, the standard of allowing “all deliberate speed” for desegregation was no longer constitutionally permissible.