On what basis did the U.S. Supreme Court find that the Equal Protection Clause applied to the federal government?

Brown v. Board of Education, in full Brown v. Board of Education of Topeka, case in which, on May 17, 1954, the U.S. Supreme Court ruled unanimously (9–0) that racial segregation in public schools violated the Fourteenth Amendment to the Constitution, which prohibits the states from denying equal protection of the laws to any person within their jurisdictions. The decision declared that separate educational facilities for white and African American students were inherently unequal. It thus rejected as inapplicable to public education the “separate but equal” doctrine, advanced by the Supreme Court in Plessy v. Ferguson (1896), according to which laws mandating separate public facilities for whites and African Americans do not violate the equal protection clause if the facilities are approximately equal. Although the 1954 decision strictly applied only to public schools, it implied that segregation was not permissible in other public facilities. Considered one of the most important rulings in the Court’s history, Brown v. Board of Education helped inspire the American civil rights movement of the late 1950s and ’60s.

In the late 1940s the National Association for the Advancement of Colored People (NAACP) began a concentrated effort to challenge the segregated school systems in various states, including Kansas. There, in Topeka, the NAACP encouraged a number of African American parents to try to enroll their children in all-white schools. All of the parents’ requests were refused, including that of Oliver Brown. He was told that his daughter could not attend the nearby white school and instead would have to enroll in an African American school far from her home. The NAACP subsequently filed a class-action lawsuit. While it claimed that the education (including facilities, teachers, etc.) offered to African Americans was inferior to that offered to whites, the NAACP’s main argument was that segregation by its nature was a violation of the Fourteenth Amendment’s equal protection clause. A U.S. district court heard Brown v. Board of Education in 1951, and it ruled against the plaintiffs. While sympathetic to some of the plaintiffs’ claims, it determined that the schools were similar, and it cited the precedent set by Plessy and Gong Lum v. Rice (1927), which upheld the segregation of Asian Americans in grade schools. The NAACP then appealed to the U.S. Supreme Court.

Davis v. County School Board of Prince Edward County

In October 1952 the Court consolidated Brown with three other class-action school-segregation lawsuits filed by the NAACP: Briggs v. Elliott (1951) in South Carolina, Davis v. County School Board of Prince Edward County (1952) in Virginia, and Gebhart v. Belton (1952) in Delaware; there was also a fifth case that was filed independently in the District of Columbia, Bolling v. Sharpe (1951). As with Brown, U.S. district courts had decided against the plaintiffs in Briggs and Davis, ruling on the basis of Plessy that they had not been deprived of equal protection because the schools they attended were comparable to the all-white schools or would become so upon the completion of improvements ordered by the district court. In Gebhart, however, the Delaware Supreme Court affirmed a lower court’s ruling that the original plaintiffs’ right to equal protection had been violated because the African American schools were inferior to the white schools in almost all relevant respects. In Bolling v. Sharpe (1951), a U.S. district court held that school segregation did not violate the due process clause of the Fifth Amendment (the equal protection clause was not relevant since the Fourteenth Amendment only applies to states). The plaintiffs in Brown, Biggs, and Davis appealed directly to the Supreme Court, while those in Gebhart and Bolling were each granted certiorari (a writ for the reexamination of an action of a lower court).

Brown v. Board of Education was argued on December 9, 1952. The attorney for the plaintiffs was Thurgood Marshall, who later became the first African American to serve on the Supreme Court (1967–91). The case was reargued on December 8, 1953, to address the question of whether the framers of the Fourteenth Amendment would have understood it to be inconsistent with racial segregation in public education. The 1954 decision found that the historical evidence bearing on the issue was inconclusive.