The Supreme Court, by a unanimous decision, ruled to-day that segregation of Negro children in public schools is unconstitutional. It also called for further argument to decide whether Negro children should be admitted forthwith to schools of their choice or whether a gradual adjustment may be made to non-segregated schools. The Court will hear additional argument on whether it should hand down detailed decrees or whether it should appoint a special master to hear evidence and formulate decrees or whether the lower courts should be asked to fulfil this task.

In short, segregation "is a denial of the equal protection of the laws," but the practical means of giving effect to this decision still has to be decided by the Supreme Court. Once that stage is reached the problem of preventing local evasions of the Court's findings will still remain. Four southern states have threatened to end their public school system rather than admit Negro children. Coming weeks will show whether this was an empty threat or the signal for serious trouble.

The Fifth Amendment

Speaking for the entire Court, Chief Justice Warren said the test question was: "Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other tangible factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does."

He then expressly overruled the doctrine of "separate but equal rights" that has been cited since the Plessy v Ferguson decision of 1896 to justify the segregation. He said:

"We conclude that in the field of public education the doctrine of 'separate but equal rights' has no place. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the due process clause of the Fourteenth Amendment ... We have now announced that such segregation is a denial of the equal protection of the laws."

This judgement applied to the test cases from the states of Kansas, South Carolina, Virginia, and Delaware. Chief Justice Warren also delivered the Court's unanimous decision ending segregation in the public schools of the District of Columbia. The Washington case turned, not on the Fourteenth Amendment, as did the others, but on the Fifth Amendment. The judgement declared:

" In view of our decision that the Constitution prohibits the states from maintaining racially-segregated public schools, it would be unthinkable that the same Constitution would impose a lesser duty on the Federal Government. We hold that racial segregation in the public schools of the District of Columbia is a denial of the due process of law guaranteed by the Fifth Amendment of the Constitution."

Thus has ended the great legal debate on segregation. There will be much controversy in coming months but it will be on matters of practical enforcement rather than on constitutional rights. What surprised everyone was that the Court ruled unanimously on this controversy and that Chief Justice Warren was able to state the Court's opinion in a brief judgement. Once again the doctrine of the evolving Constitution has been vindicated.