Dissenting Opinion


This case was heard in the Charleston District Court in May 1951 by a panel of three Federal judges. The majority ruling was that “separate but equal” schools were not in violation of the 14th amendment with Judge J. Waites Waring dissenting. The District Court did rule that the schools attended by African American children were inferior to the white schools, and they ordered the school system to equalize the facilities. But, because Briggs v. Elliot challenged the constitutionality of segregation, the case was appealed to the U.S. Supreme Court.

National Archives Southeast Region (Atlanta), Records of District Courts of the United States


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