U.S. Supreme Court
BROWN v. BOARD OF EDUCATION, 344 U.S. 141 (1952)
344 U.S. 141
BROWN ET AL. v. BOARD OF EDUCATION OF TOPEKA ET AL.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS.
No. 8. November 24, 1952.
This is an appeal from a decision of the District Court
sustaining the constitutionality of a state statute which authorized racial
segregation in the public schools of Kansas. In the District Court the State
intervened and defended the constitutionality of the statute; but neither the
State, nor any of the other appellees, has entered an appearance or filed a
brief here. Because of the importance of the issue, this Court requests that the
State present its views at the oral argument. If the State does not desire to
appear, the Attorney General of the State is requested to advise this Court
whether the State's default shall be construed as a concession of the invalidity
of the statute. Pp. 141-142.
The decision below is reported in 98 F. Supp. 797.
Robert L. Carter, Thurgood Marshall, Spottswood W. Robinson,
III, George E. C. Hayes, George M. Johnson, William R. Ming, Jr., James M.
Nabrit, Jr. and Frank D. Reeves for appellants.
PER CURIAM.
This action was instituted by the appellants attacking a Kansas
statute which authorized segregation in the schools of that State. It was urged
that the State of Kansas was without power to enact such legislation, claimed by
appellants to be in contravention of the Fourteenth Amendment.
In the District Court, the State, by its Governor and Attorney General,
intervened and defended the constitutionality of the statute. The court upheld
its validity.
In this Court, the appellants continue their constitutional attack. No
appearance has been entered here by [344 U.S. 141, 142]
the State of Kansas, the Board of Education of Topeka, and the other appellees;
nor have they presented any brief in support of the statute's validity. The
Court has been advised by counsel for the Board of Education that it does not
propose to appear in oral argument or present a brief.
Because of the national importance of the issue presented and because of its
importance to the State of Kansas, we request that the State present its views
at oral argument. If the State does not desire to appear, we request the
Attorney General to advise whether the State's default shall be construed as a
concession of invalidity. [344 U.S. 141, 143]
