But the court sustained the validity of the contested provisions and denied the plaintiffs admission to the white schools during the equalization program. The court found that the Negro schools were inferior to the white schools and ordered the defendants to begin immediately to equalize the facilities. The three-judge District Court, convened under 28 U. They brought this action in the United States District Court for the Eastern District of South Carolina to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Negroes and whites in public schools. Elliott, the plaintiffs are Negro children of both elementary and high school age residing in Clarendon County.
The case is here on direct appeal under 28 U. §§ 22, found that segregation in public education has a detrimental effect upon Negro children, but denied relief on the ground that the Negro and white schools were substantially equal with respect to buildings, transportation, curricula, and educational qualifications of teachers. Other public schools in the community, however, are operated on a nonsegregated basis.
Pursuant to that authority, the Topeka Board of Education elected to establish segregated elementary schools. They brought this action in the United States District Court for the District of Kansas to enjoin enforcement of a Kansas statute which permits, but does not require, cities of more than 15,000 population to maintain separate school facilities for Negro and white students.
Board of Education, the plaintiffs are Negro children of elementary school age residing in Topeka. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion. These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. CHIEF JUSTICE WARREN delivered the opinion of the Court.
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