The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: December 10-11, 1952
Reargument: December 8-9, 1953
Decision: Monday, May 17, 1954
Issues: Civil Rights, Desegregation, Schools
Categories: education, equal protection, race, race discrimination, segregation

Advocates

Not available

Facts of the Case

On account of their race, black children in Washington D.C. were denied admission to the same public schools which white children attended.

Question

Did the segregation of the public schools of Washington D.C. violate the due process clause of the Fifth Amendment?

Conclusion

Yes. In a unanimous decision, the Court found that racial discrimination in the public schools of Washington D.C. denied blacks due process of law as protected by the Fifth Amendment. Noting the legal peculiarities of the District of Columbia, Chief Justice Warren recognized that the Fifth Amendment (which applied to the District) did not contain an equal protection clause while the Fourteenth Amendment (which was used as the standard for outlawing school desegregation in Brown v. Board of Education) did. Lacking an equal protection standard to invalidate the District's segregation, Warren creatively relied on the Fifth Amendment's guarantee of "liberty" to find the segregation of the Washington D.C. schools unconstitutional.

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 9 votes for Bolling, 0 vote(s) against
Legal Provision: Equal Protection
Wrote the majority opinion
Warren
Voted with the majority
Black
Voted with the majority
Reed
Voted with the majority
Frankfurter
Voted with the majority
Douglas
Voted with the majority
Jackson
Voted with the majority
Burton
Voted with the majority
Clark
Voted with the majority
Minton
Full Opinion by Chief Justice Earl Warren

Cite this page

The Oyez Project, Bolling v. Sharpe, 347 U.S. 497 (1954),
available at: <http://www.oyez.org/cases/1950-1959/1952/1952_8/>
(last visited ).