Bolling v. Sharpe

347 U.S. 497 (1954) · Supreme Court of the United States · May 17, 1954 · No. No. 8

Summary

The Supreme Court held that racial segregation in the public schools of the District of Columbia violates the Due Process Clause of the Fifth Amendment. Although the Fifth Amendment does not contain an Equal Protection Clause, the Court concluded that racial classifications may be so unjustifiable as to violate due process. The Court ordered the case restored to the docket for reargument on specified questions.

Holdings

  1. Racial segregation in the public schools of the District of Columbia denies the due process of law guaranteed by the Fifth Amendment.
  2. The Constitution does not permit the federal government to impose a lesser duty concerning racial segregation in public education than the states are subject to under the Fourteenth Amendment.

Questions Presented

  1. Whether racial segregation in the public schools of the District of Columbia violates the Fifth Amendment Due Process Clause.
  2. Whether the federal government may impose a lesser constitutional duty regarding racial segregation than the states are subject to under the Fourteenth Amendment Equal Protection Clause.

Disposition

other

Cases Cited (10)

  • Brown v. Board of Education, 347 U.S. 483 (1954)(followed)
  • Detroit Bank v. United States, 317 U.S. 329 (1943)(followed)
  • Currin v. Wallace, 306 U.S. 1, 13-14 (1939)(followed)
  • Steward Machine Co. v. Davis, 301 U.S. 548, 585 (1937)(followed)
  • Korematsu v. United States, 323 U.S. 214, 216 (1944)(followed)
  • Hirabayashi v. United States, 320 U.S. 81, 100 (1943)(followed)
  • Gibson v. Mississippi, 162 U.S. 565, 591 (1896)(followed)
  • Steele v. Louisville & Nashville R. Co., 323 U.S. 192, 198-199 (1944)(followed)
  • Buchanan v. Warley, 245 U.S. 60 (1917)(followed)
  • Hurd v. Hodge, 334 U.S. 24 (1948)(followed)

Cited In (0)

No citing cases on record yet.

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