Brown v. Board of Education oral argument
Initial arguments:
Issue: Does the 14th Amendment equal protection clause prohibit segregation in public schools?
key precedent: Supreme Court decision in PLESSY V. FERGUSON, in which the court ruled that a Louisiana law requiring train passengers to travel in separate railroad cars (by race) did not violate the equal protection clause so long as both blacks and whites were provided equal facilities. This doctrine, known the "separate but equal doctrine" was upheld by the Supreme Court 7 times from the Plessy decision in 1896 until 1954 when Brown v. Board of Education was argued.
In the first round of arguments in BROWN, the appellants (those who brought the appeal asking fo the Court to outlaw school segregation), argued that evidence established that school segregation by race harmed black children, thereby violating the equal protection clause. The appellees responded with two arguments: (1) it was not segregation that harmed black children, but rather prejudice, and, (2) states' segregation laws were a public policy intended to deal with the harmful effects of discrimination by keeping blacks and whites apart and it clearly had not been the intent of Congress when the 14th Amendment was passed to prohibit segregation since in the same year the 14th Amendment was passed, Congress passed legislation setting up segregated schools in Washington D.C.
After the first round of arguments, the court was split and decided to have a second round of arguments.
As you watch Thurgood Marshall's argument at the second hearing, notice that he reserves time for a final rebuttal argument after William Davis' argument for the appellees. This rebuttal is one of the most famous arguments in Supreme Court history and is shown here in its entirety. How does Marshall change the thrust of his argument to prove to the Court that, despite the precedent of Plessy in 1896, in 1954 segregation -- at least in public schools -- is a violation of the equal protection clause of the U.S. Consitution?
Issue: Does the 14th Amendment equal protection clause prohibit segregation in public schools?
key precedent: Supreme Court decision in PLESSY V. FERGUSON, in which the court ruled that a Louisiana law requiring train passengers to travel in separate railroad cars (by race) did not violate the equal protection clause so long as both blacks and whites were provided equal facilities. This doctrine, known the "separate but equal doctrine" was upheld by the Supreme Court 7 times from the Plessy decision in 1896 until 1954 when Brown v. Board of Education was argued.
In the first round of arguments in BROWN, the appellants (those who brought the appeal asking fo the Court to outlaw school segregation), argued that evidence established that school segregation by race harmed black children, thereby violating the equal protection clause. The appellees responded with two arguments: (1) it was not segregation that harmed black children, but rather prejudice, and, (2) states' segregation laws were a public policy intended to deal with the harmful effects of discrimination by keeping blacks and whites apart and it clearly had not been the intent of Congress when the 14th Amendment was passed to prohibit segregation since in the same year the 14th Amendment was passed, Congress passed legislation setting up segregated schools in Washington D.C.
After the first round of arguments, the court was split and decided to have a second round of arguments.
As you watch Thurgood Marshall's argument at the second hearing, notice that he reserves time for a final rebuttal argument after William Davis' argument for the appellees. This rebuttal is one of the most famous arguments in Supreme Court history and is shown here in its entirety. How does Marshall change the thrust of his argument to prove to the Court that, despite the precedent of Plessy in 1896, in 1954 segregation -- at least in public schools -- is a violation of the equal protection clause of the U.S. Consitution?