The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Thursday, October 12, 1972
Decision: Thursday, June 21, 1973
Issues: Civil Rights, Desegregation, Schools
Categories: education, race discrimination, state action

Advocates

Gordon G. Greiner (Argued the cause for the petitioners)
James M. Nabrit, III (Argued the cause for the petitioners)
William K. Ris (Argued the cause for the respondents)

Facts of the Case

Petitioners proved that for nearly ten years since 1960 the Denver, Colorado school system implemented an unconstitutional policy of racial discrimination by operating a segregated school system. The defense argued, and the District Court held, that even though one part of the Denver system was guilty of segregation, it did not follow that the entire system was segregated as well.

Question

Did the segregation in Denver involve all of the city's schools and violate the equal protection clause of the Fourteenth Amendment?

Conclusion

The Court modified and remanded the lower court decision and held that when part of a school system is found to be segregated, a "prima facie case of unlawful [systematic] segregative design" becomes apparent. The school district involved assumes the burden of proving that it operated without "segregative intent" on a system-wide basis. This case is significant because it represents one of the first instances in which the Court identified segregation in northern schools.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 7 votes for Keyes, 1 vote(s) against
Legal Provision: Equal Protection
Did not participate
White
Wrote a regular concurrence
Douglas
Wrote the majority opinion
Brennan
Voted with the majority
Marshall
Voted with the majority
Stewart
Wrote a special concurrence
Powell
Voted with the majority
Blackmun
Voted with the majority
Burger
Wrote a dissent
Rehnquist
Full Opinion by Justice William J. Brennan, Jr.

Cite this page

The Oyez Project, Keyes v. School District No. 1, 413 U.S. 189 (1973),
available at: <http://www.oyez.org/cases/1970-1979/1972/1972_71_507/>
(last visited ).