Timeline
of Events Leading to the 1954 Decision
Source: The
National Archives
1857
Decision Made in Dred Scott vs. John F.
A. Sanford
The Supreme Court held that whether enslaved or free, blacks
could not become U.S. citizens. Chief Justice Roger B. Taney
also argued that at the time of the adoption of the 1787 Constitution, blacks
were considered a subordinate and inferior class of beings, "with no rights
which the White man was bound to respect."
1865
Bureau of Refugees, Freedmen and Abandoned
Lands Formed
An act of Congress established the Freedmen's Bureau, as it was
commonly called, to provide relief and help freedmen become self-sufficient in
every area of life. The first black schools started under the direction of the
Freedmen's Bureau.
Black Codes Established
Passed by Southern governments, these laws imposed severe
restrictions on freedmen: prohibiting their right to vote; forbidding them to
sit on juries; limiting their right to testify against white men; and forbidding
them to carry weapons in public places and work certain occupations. Public schools were
segregated.
1866
Civil Rights Act of 1866 Enacted
This act guaranteed blacks their basic economic rights to
contract, sue and own property.
1868
The 14th Amendment to the Constitution
Ratified
The 14th Amendment overruled Dred Scott vs.
Sanford. It guaranteed that all persons born or naturalized in the United States
are citizens of the country and of the state in which they reside. It also
stated that no state shall abridge the privileges and immunities of citizens,
deprive any person of life, liberty or property, nor deny any person the equal
protection of law without due process of law.
1875
Civil Rights Act of 1875 Passed
As the last federal civil
rights act passed until 1957, it prohibited discrimination in inns, theaters and
other places of public accommodation.
1883
Civil Rights Cases Overturned
The Civil Rights Act of 1875 was overturned as the
Supreme Court declared that the 14th Amendment did not prohibit
discrimination by private individuals or businesses. This paved the way for
segregation in public education.
1887
Jim Crow Looms
"Jim Crow" -- the practices of comprehensive racial segregation
-- emerged. Blacks largely disappeared from juries in
the South.
1896
Homer Adolph Plessy vs. J.H. Ferguson Decided
Plessy challenged an 1890 Louisiana law that required separate
train cars for black Americans. The Supreme Court held that "separate but equal"
facilities for white and black railroad passengers did not violate the 14th
Amendment's Equal Protection clause. This case marked the birth of the "separate but
equal" doctrine that would become the constitutional basis for segregation.
Justice John Marshall Harlan -- the lone dissenter in Plessy -- argued
that forced segregation stamped blacks with a badge of inferiority. That same
line of argument would become a decisive factor in the Brown decision.
1899
Decision Made in Cumming vs. Board of Education of Richmond
County, Ga.
The Supreme Court upheld a local school board's decision to
close a free black public school due to fiscal constraints, despite the fact
that the district continued to operate two free white public schools.
1908
Berea College vs. Commonwealth of Kentucky
Decided
The Supreme Court upheld a Kentucky
law forbidding interracial instruction at all of the state's schools and
colleges.
1909
National Association for the Advancement
of Colored People Founded
W.E.B. DuBois, Ida Wells-Barnett, Mary White Ovington and others
founded the NAACP with a mission of eliminating lynching and fighting racial and
social injustice, primarily through legal action. The NAACP became the primary
tool for the legal attack on segregation, eventually taking on the Brown case.
1927
Ruling Made in Gong Lum vs. Rice
The Supreme Court held that a Mississippi school district could
require a Chinese-American girl to attend a segregated black school rather than
a white school. The court applied the "separate but equal"
formulation of Plessy vs. Ferguson.
1935
NAACP Challenges Segregation in Graduate
and Secondary Schools
Charles Hamilton Houston, of the NAACP,
developed a legal strategy that would eventually lead to victory over
segregation in the nation's schools through the Brown case. His rationale for
attacking segregated law schools was two-pronged: The establishment of separate
but equal law school facilities for black and white students would become too
costly for the states, and white judges who matriculated in the nation's finest
law schools could not, in good conscience, suggest that black lawyers in
segregated schools received "equal" legal training.
1938
Decision Made in State of Missouri on
Behalf of Gaines vs. Canada
The Supreme Court decided in favor of a black
student who had been refused admission to the University of Missouri Law School.
1939
Thurgood Marshall Named Special Counsel of
NAACP
Marshall eventually would become lead counsel in
the Brown case.
1948
NAACP's Board of Directors Formally
Endorses Marshall's View on Segregation Strategy
The NAACP decided to devote its efforts solely to an all-out
attack on segregation in education, rather than pressing for the equalization of
segregated facilities.
Court Decides Sipuel vs. Board of Regents of University
of Oklahoma
A unanimous Supreme Court held that it was unconstitutional to
deny Lois Ada Sipuel, a black student, and any other students entrance to a state law school only
on the basis of race.
1949
Briggs vs. Elliott Filed
NAACP officials met with black residents of Clarendon County,
S.C. They launched a test case against segregation in public schools with hopes
that at least 20 plaintiffs could be found. By November, Harry Briggs and 19
other plaintiffs were assembled, and the NAACP filed a class action lawsuit
against the Clarendon County School Board. This case was one of the cases consolidated by the Supreme Court into Brown vs. Board of Education
1950
Ruling Made in McLaurin vs. Oklahoma State Regents
The Supreme Court invalidated the University of Oklahoma's
requirement that a black student, admitted to a graduate program unavailable to
him at the state's black school, sit in separate sections of or in spaces
adjacent to the classroom, library and cafeteria. The court held that these restrictions were
unconstitutional because they interfered with the student's "ability to study,
to engage in discussions, and exchange views with other students, and, in
general, to learn his profession."
Bolling vs. Sharpe Case Filed
Charles Houston provided legal representation for the
Consolidated Parents Group, which -- under the direction of Gardner Bishop --
attempted to enroll a group of black students in the all-white John Philip Sousa
Junior High School in Washington, D.C. The case became one of those consolidated
in the Brown case, but the court eventually filed a separate opinion on Bolling
because the 14th Amendment was not applicable in Washington, D.C.
1951
Brown vs. Board of Education Filed
The case was filed on Feb. 28 in federal district court in
Kansas.
Davis vs. County School Board of
Prince Edward County, Va., Filed
As a challenge to Virginia's segregated
schools, Davis vs. Prince Edward County was another of the cases eventually
consolidated as Brown.
Briggs vs. Elliott Goes to
Trial
The U.S. District Court denied the Briggs
plaintiff's request to order desegregation of Clarendon County, S.C., schools
and instead ordered the equalization of black schools.
1951
Brown vs. Board of Education Goes to Trial
In August, a panel of judges at the U.S.
District Court unanimously held in the Brown case that "no willful, intentional
or substantial discrimination" existed in Topeka's schools. The court also found
that physical facilities in white and black schools were comparable and that the
lower court's decisions in Sweatt vs. Painter and McLaurin only applied to
graduate education.
1952
Decision Made in Davis vs. County School Board of Prince
Edward County, Va.
The U.S. District Court unanimously
rejected the plaintiffs' request to order desegregation of Prince Edward
County, Va., schools, ordering the "equalization" of black schools instead.
Five Cases Bundled Together Officially As
Brown vs. Board
In October, the Supreme Court agreed to
hear all five of the school desegregation cases collectively: Kansas, Virginia,
South Carolina, Delaware and the District of Columbia. This grouping showed
school segregation as a national issue, not just a Southern one.
1953
Chief Justice Fred Vinson Jr. Dies
Unexpectedly of Heart Attack
President Eisenhower nominated California Gov. Earl Warren
to replace Vinson as interim chief.
1954
Warren Confirmed As Chief Justice
In March, the Senate confirmed Earl Warren as chief justice.
Court Rules in Brown vs. Board of Education
On May 17, the Supreme Court overturned Plessy vs. Ferguson and
declared that racial segregation in public schools violated the Equal Protection
clause of the 14th Amendment. The same day, the court held that racial segregation in
D.C. public schools violated the Due Process clause of the 5th
Amendment in Bolling vs. Sharpe.
In the wake of the decision, the District of
Columbia and some school districts in the border states began to desegregate
their schools voluntarily. State legislatures in Alabama, Georgia, Mississippi,
South Carolina and Virginia adopted resolutions of "interposition and
nullification" that declared the court's decision to be "null, void and no
effect." Various Southern legislatures passed laws that imposed sanctions on
anyone who implemented desegregation. They also enacted school closing plans
that authorized the suspension of public education and the disbursement of
public funds to parents to send their children to private schools.
1955
Brown II Orders Passed
On May 31, the last day of the term, the Supreme Court handed
down Brown II, ordering that desegregation occur with "all deliberate speed."
But due to the vagueness of the term "all deliberate
speed," many states were able to stall the court's order to desegregate their
schools.
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