B. Racial Segregation in Schools and other Public Facilities

• PLESSY V. FERGUSON, p. 702 (1896)
• what regulation is challenged, and on what ground?
• is Plessy challenging the classification as such, or his assignment in it?
• is the regulation even-handed?
• what is the basis for distinguishing between "social" and "political" rights?
• Gong Lum v. Rice (1927): application to schools
• Cases applying the "separate but equal" standard strictly (all law schools!)
• Missouri ex rel. Canada v. Gaines (1938): tuition to out-of-state law school
• Sweatt v Painter (1950): separate law school, demonstrably inferior
• McLaurin v. Oklahoma Regents (1950): separate seats, tables, etc., in same facility
• BROWN V. BOARD (I), p. 705 (1954)
• Were the facilities equal in quality and level of support? Do you believe that?
• Could the decision have been made without overruling Plessy?
• There has been much criticism of the sociological evidence relied on by the Court for the proposition that separation is inherently invidious and harmful -- was it necessary to the result?
• Imagine Hawaii with a population equally divided between Caucasians, Polynesians and Asians, with equal representation in the legislature. Could they adopt -- with a majority of each group voting for it -- a system of racial separation for their schools, with equal funding from the state?
• BOLLING V. SHARPE, p. 708 (1954): what does this decision (companion to Brown) add to Brown's understanding of Equal Protection? Does the EP clause itself apply to the case?
• BROWN V. BOARD OF EDUCATION OF TOPEKA (II), p. 710 (1955)

SWANN V. CHARLOTTE-MECKLENBURG BOARD OF ED., p. 712 (1971)
• when a school system is found to be unlawfully segregated, what is the goal of remedial measures
• eliminate all vestiges of state-imposed segregation?
• achieve integration?
• what is the constitutional objection to mandatory pupil assignment as a remedy for unlawful segregation?
• when will we know that there is no longer a justification for race-conscious action?