PLAY. Pp. 1866. Messrs. Price Daniel, Liberty, Tex., Joe R. Greenhill, Houston, Tex., for respondents. It is unlikely that a member of a group so decisively in the majority, attending a school with rich traditions and prestige which only a history of consistently maintained excellence could command, would claim that the opportunities afforded him for legal education were unequal to those held open to petitioner. Petitioner was denied admission to the state-supported University of Texas Law School, solely because he is a Negro and state law forbids the admission of Negroes to that Law School. This Court has stated unanimously that, "The State must provide [legal education] for [petitioner] in conformity with the equal protection clause of the Fourteenth Amendment and provide it as soon as it does for applicants of any other group. Tex.Laws 1947, c. 29, § 11, Tex.Rev.Civ.Stat. It may properly be considered one of the nation's ranking law schools. The law school, the proving ground for legal learning and practice, cannot be effective in isolation from the individuals and institutions with which the law interacts. In terms of number of the faculty, variety of courses and opportunity for specialization, size of the student body, scope of the library, availability of law. An amici curiae brief in support of respondents was filed on behalf of the States of Arkansas, by Ike Murray, Attorney General; Florida, by Richard W. Ervin, Attorney General, and Frank J. Heintz, Assistant Attorney General; Georgia, by Eugene Cook, Attorney General, and M. H. Blackshear, Jr., Assistant Attorney General; Kentucky, by A. E. Funk, Attorney General, and M. B. Holifield, Assistant Attorney General; Louisiana, by Bolivar E. Kemp, Jr., Attorney General; Mississippi, by Greek L. Rice, Attorney General, and George H. Ethridge, Acting Attorney General; North Carolina, by Harry McMullan, Attorney General, and Ralph Moody, Assistant Attorney General; Oklahoma, by Mac Q. Williamson, Attorney General; South Carolina, by John M. Daniel, Attorney General; Tennessee, by Roy H. Beeler, Attorney General, and William F. Barry, Solicitor General; and Virginia, by J. Lindsay Almond, Jr., Attorney General, and Walter E. Rogers, Assistant Attorney General. 2643b. 2643b, 2719, 2900 (Vernon, 1925 and Supp.). Background of Sweatt vs. Painter. 31. Sweatt v. Painter. It is fundamental that these cases concern rights which are personal and present. III. Entin, Jonathan L., "Sweatt v. Painter, the End of Segregation, and the Transformation of Education Law" (1986). CH. 261-264. The judgment is reversed, and the cause is remanded for proceedings not inconsistent with this opinion. (Vernon, Supp. a convenience, and may not be complete or accurate. Robert L. Carter and Thurgood Marshall presented Sweatt's case. THIRTY-NINTH CONGRESS. Petitioner was denied admission to the state-supported University of Texas Law School, solely because he is a Negro and state law forbids the admission of Negroes to that Law School. The library contained over 65,000 volumes. 44. We granted certiorari, 1949, 338 U.S. 865, 70 S.Ct. It is apparently on the road to full accreditation. The trial court decision was affirmed by the Court of Civil Appeals and the Texas Supreme Court denied writ of error on further appeal. The case was influential in the landmark case of Brown v. Board of Education four years later. ", On remand, a hearing was held on the issue of the equality of the educational facilities at the newly established school as compared with the University of Texas Law School. 1114. 13 CHAP. This contention overlooks realities. 139, because of the manifest importance of the constitutional issues involved. mboey0613. .". At that time, there was no law school in Texas which admitted Negroes. Few of the 10,000 volumes ordered for the library had arrived;2 nor was there any full-time librarian. It is fundamental that these cases concern rights which are personal and present. Finding that the new school offered petitioner 'privileges, advantages, and opportunities for the study of law substantially equivalent to those offered by the State to white students at the University of Texas,' the trial court denied mandamus. Title U.S. Reports: Sweatt v. Painter, 339 U.S. 629 (1950). Place of Original Publication. prestige which only a history of consistently maintained excellence could command, would claim that the opportunities afforded him for legal education were unequal to those held open to petitioner. Among the other facilities available to the students were a law review, moot court facilities, 633*633 scholarship funds, and Order of the Coif affiliation. U.S. Reports: Cassell v. Texas, 339 U.S. 282 (1950). Finding that the new school offered petitioner "privileges, advantages, and opportunities for the study of law substantially equivalent to those offered by the State to white students at the University of Texas," the trial court denied mandamus.  "Students of the interim School of Law of the Texas State University for Negroes [located in Austin, whereas the permanent School was to be located at Houston] shall have use of the State Law Library in the Capitol Building. At that time, there was no law school in Texas which admitted Negroes. That case "did not present the issue whether a state might not satisfy the equal protection clause of the Fourteenth Amendment by establishing a separate law school for Negroes." We have frequently reiterated that this Court will decide constitutional questions only when necessary to the disposition of the case at hand, and that such decisions will be drawn as narrowly as possible. Spell. In early 1946 Heman Marion Sweatt, an African American postman, applied to the University of Texas School of Law. Decided June 5, 1950. 210 S. W. 2d 442 (1948). Price Daniel, Attorney General of Texas, and Joe R. Greenhill, First Assistant Attorney General, argued the cause for respondents. The case involved a Black man, Heman Marion Sweatt, who was refused admission to the School of Law of the University of Texas, whose president was Theophilus Painter, on the grounds that the Texas State Constitution prohibited integrated education. Tex. 601 This act shall be subject to amendment or repeal at the pleasure of Congress. Write. Its student body numbered 850. ", Sipuel v. Board of Regents, 332 U. S. 631, 332 U. S. 633 (1948). The court did not grant the relief requested, however, but continued the case for six months to allow the State to supply substantially equal facilities. Review of Litigation. That such a claim, if made, would be dishonored by the State, is no answer. 1949. On remand, a hearing was held on the issue of the equality of the educational facilities at the newly established school as compared with the University of Texas Law School. I. Cu. CH. 44. Const., Art. Rescue Army v. Municipal Court, 331 U. S. 549 (1947), and cases cited therein. Publication Information. http://www.lib.utexas.edu/about/librarymap/cah.html, Learn how and when to remove this template message, List of United States Supreme Court cases, volume 339. Citations are generated automatically from bibliographic data as Act legalizing Marriages and for other Purposes in the District of Columbia. The teaching was to be carried on by four members of the University of Texas Law School faculty, who were to maintain their offices at the University of Texas while teaching at both institutions. The court held that, when considering graduate education, experience must be considered as part of "substantive equality. It is unlikely that a member of a group so decisively in the majority, attending a school with rich traditions and 635*635 prestige which only a history of consistently maintained excellence could command, would claim that the opportunities afforded him for legal education were unequal to those held open to petitioner. It may be argued that excluding petitioner from that school is no different from excluding white students from the new law school. 851, present different aspects of this general question: To what extent does the Equal Protection Clause of the Fourteenth Amendment limit the power of a state to distinguish between students of different races in professional and graduate education in a state university? The Court of Civil Appeals affirmed. Gaines v. Canada, 305 U. S. 337, 305 U. S. 351 (1938), the Court, speaking through Chief Justice Hughes, declared that, "petitioner's right was a personal one. These are the only cases in this Court which present the issue of the constitutional validity of race distinctions in state-supported graduate and professional education. Sorted by Relevance | Sort by Date. CHAP. The items above and other important material can be found in the University of Texas Library system at this link: I. CH. On remand, a hearing was held on the issue of the equality of the educational facilities at the newly established school as compared with the University of Texas Law School. Nor need we reach petitioner's contention that Plessy v. Ferguson should be reexamined in the light of contemporary knowledge respecting the purposes of the Fourteenth Amendment and the effects of racial segregation. review and similar activities, the University of Texas Law School is superior. Rescue Army v. Municipal Court, 1947, 331 U.S. 549, 67 S.Ct. 2643b (Supp. Sweatt and the NAACP next went to the federal courts, and the case ultimately reached the U.S. Supreme Court. . Vinson, Fred Moore, and Supreme Court Of The United States. 1949), 2719, 2900. 835 United States as not being in fact swamp and overflowed lands; and it shall be the duty of the Secretary of the Interior... THIRTY-NINTH CONGRESS. 630*630 W. J. Durham and Thurgood Marshall argued the cause for petitioner.
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