See Cooper v. Aaron, 358 U.S. 1, 18 (1958) ([T]he federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. The Board's petition for postponement in this proceeding states: 'The effect of that action [of the Governor] was to harden the core of opposition to the Plan and cause many persons who theretofore had reluctantly accepted the Plan to believe there was some power in the State of Arkansas which, when exerted, could nullify the Federal law and permit disobedience of the decree of this [District] Court, and from that date hostility to the Plan was increased and criticism of the officials of the [School] District has become more bitter and unrestrained.' Brown held that separate educational facilities for African-American and white schoolchildren violated the right of the black children to the equal protection of the laws guaranteed by the Fourteenth Amendment to the U.S. Constitution. 2d (1958), in which the Supreme Court held that the Arkansas school board and superintendent were not excused from implementing a desegregation program just because the governor and Severo, Richard, and William McDonald. " On May 17, 1954, this Court decided that enforced racial segregation in the public schools of a State is a denial of the equal protection of the laws enjoined by the Fourteenth Amendment. But the officers caused the children to be removed from the school during the morning because they had difficulty controlling a large and demonstrating crowd which had gathered at the high school. This decision was deemed a “concurring” opinion to the short, per curiam order issued on ... Aaron v. Cooper. E. What was the reasoning used by the Supreme Court to reach its decision? Opinion for Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401, 3 L. Ed. The Little Rock Chamber of Commerce issued a resolution characterizing the Court’s decision as erroneous but nonetheless urging Little Rock to reopen its schools and comply with Brown. 13See Cooper v. Aaron, 358 U.S. 1, 19–20 (1958) ... majority of minority students was not constitutional.21 Such a policy did not take into account de facto discrimination. Meanwhile, in November 1956, voters adopted, by referenda, a constitutional amendment, a resolution, and a pupil assignment law, all of which opposed school integration. It was contemplated that desegregation at the high school level would commence in the fall of 1957, and the expectation was that complete desegregation of the school system would be accomplished by 1963. Upon challenge by a group of Negro plaintiffs desiring more rapid completion of the desegregation process, the District Court upheld the School Board's plan, Aaron v. Cooper, 143 F.Supp. Issenting opinion. The petition for certiorari, duly filed, was granted in open Court on September 11, 1958, 358 U.S. 29, 78 S.Ct. A biography of the courageous mentor to the Little Rock Nine Vol. They refused to obey court orders designed to implement school desegregation. Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law. National Association for the Advancement of Colored People (NAACP), desegregation of Little Rock Central High School, https://supreme.justia.com/cases/federal/us/358/1/, World War II through the Faubus Era (1941 - 1967), National Association for the Advancement of Colored People, World War II through the Faubus Era, 1941 through 1967. 686, 98 L.Ed. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. For more information, contact 501-918-3025 or calsfoundation@cals.org. When a tribute gift is given the honoree will receive a letter acknowledging your generosity and a bookplate will be placed in a book. 105). B.J. Grammar schools would be last—the date for beginning their integration was not even set by the plan. Thus law and order are not here to be preserved by depriving the Negro children of their constitutional rights. This supplement brings the principal text current with recent developments in the law. This Court cannot countenance a claim by the Governor and Legislature of a State that there is no duty on state officials to obey federal court orders resting on this Court's considered interpretation of the United States Constitution in Brown v. Board of Education, 347 U.S. 483. VI, ¶3 'to support this Constitution.' 686. The Court announced its unanimous opinion … © 2021 Encyclopedia of Arkansas. Nelson, Ronald L. “Cooper v. Aaron: The First in the Trifecta of Modern American Federalism Cases.” University of Arkansas at Little Rock Law Review 41 (Winter 2019): 233–253. Their position in essence was that because of extreme public hostility, which they stated had been engendered largely by the official attitudes and actions of the Governor and the Legislature, the maintenance of a sound educational program at Central High School, with the Negro students in attendance, would be impossible. The U.S. Supreme Court affirmed the Eighth Circuit, holding that the desegregation plan must continue and that state officials like the Governor and the State Legislature must follow the Supreme Court’s decision. This page was last edited on 26 August 2021, at 18:55. Found insideWarren, two-time New York Times Notable Book author James F. Simon examines the years of strife between them that led Eisenhower to say that his biggest mistake as president was appointing that “dumb son of a bitch Earl Warren.” This ... The Federal Court of the Eastern District of Arkansas upheld the suspension in February 1958 in AARON v. COOPER. Under such circumstances, the District Courts were directed to require 'a prompt and reasonable start toward full compliance,' and to take such action as was necessary to bring about the end of racial segregation in the public schools 'with all deliberate speed.' Wrote the unanimous opinion in Cooper v. Aaron because he had a knack for writing difficult opinions. The school board asked for a stay, which the court denied on September 7. On September 25, however, the President of the United States dispatched federal troops to Central High School and admission of the Negro students to the school was thereby effected. Ibid. Arkansas officials are creating a terrible situation in order to undo a decision already made by the Court. But the Court of Appeals for the Eighth Circuit overturned the lower court decision, setting the stage for the US Supreme Court decision later in 1958. In the spring of 1957, the state legislature relieved school children of any obligation to attend integrated public schools, established a State Sovereignty Commission, and empowered school boards to spend district funds to pay for legal representation in lawsuits over integration. In this statement the Board recognized that, 'It is our responsibility to comply with Federal Constitutional Requirements and we intend to do so when the Supreme Court of the United States outlines the method to be followed. 375. Short-term Cause: Plessy v. Ferguson In 1890 after the state of Louisiana passed the Separate Car Act, which required separate railway cars for whites and people of color, a group of citizens black and whites alike came together to form the Citizens’ Committee to Test the Constitutionality of the Separate Car Law. On September 12, 1958, the Warren Court handed down a per curiam decision which held that the states are bound by the Court's decisions and must enforce them even if the states disagree with … Although there have been a number of treatises on the nature of judicial review, this volume treats the issue of the results of a statute deemed unconstitutional. That same day, September 4, 1957, the United States Attorney for the Eastern District of Arkansas was requested by the District Court to begin an immediate investigation in order to fix responsibility for the interference with the orderly implementation of the District Court's direction to carry out the desegregation program. The truth is far more complicated. State support of segregated schools through any arrangement, management, funds, or property cannot be squared with the Amendment's command that no State shall deny to any person within its jurisdiction the equal protection of the laws. The Eighth Circuit Court of Appeals decision is affirmed. We are urged to uphold a suspension of the Little Rock School Board's plan to do away with segregated public schools in Little Rock until state laws and efforts to upset and nullify our holding in Brown v. Board of Education have been further challenged and tested in the courts. Had Central High School been under the direct management of the State itself, it could hardly be suggested that those immediately in charge of the school should be heard to assert their own good faith as a legal excuse for delay in implementing the constitutional rights of these respondents, when vindication of those rights was rendered difficult of impossible by the actions of other state officials. 'While giving weight to these public and private considerations, the courts will require that the defendants make a prompt and reasonable start toward full compliance with our May 17, 1954, ruling. 506, 524, 16 L.Ed. A dual career biography of Tom and Ramsey Clark and their profound impact on American law and society. But it, too, is of relatively recent origin in the Court's own opinions, first being expressed in a 1958 case called Cooper v. Aaron, in which the justices demanded the governor of Arkansas abide by their ruling in Brown v. Board of Education. Madison to Cooper v. Aaron , [2] the Supreme Court has jealously guarded the judiciary’s role as the authoritative interpreter of the People’s Charter, the Constitution. The white business community was particularly concerned about a possible economic backlash if outside investment in Arkansas diminished. Cooper v. Aaron, 358 U.S. 1 (1958) 78 S.Ct. Chief Justice Marshall spoke for a unanimous Court in saying that: 'If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery * * *.' The following was the Court's per curiam opinion, 78 S.Ct. This landmark 1958 decision was spurred by the desegregation crisis in Little Rock, Arkansas. After hearings on the petition, the District Court found that the School Board's plan had been obstructed by the Governor through the use of National Guard troops, and granted a preliminary injunction on September 20, 1957, enjoining the Governor and the officers of the Guard from preventing the attendance of Negro children at Central High School, and from otherwise obstructing or interfering with the orders of the court in connection with the plan. https://supreme.justia.com/cases/federal/us/358/1/ (accessed October 13, 2020). In the fall of 1957 in accordance with the school board’s plan, the Little Rock Nine prepared to begin school at Central High on September 3. At the same time they filed a petition for certiorari in this Court asking us to review the District Court's judgment without awaiting the disposition of their appeal to the Court of Appeals, or of their petition to that court for a stay. We reject these contentions. The Little Rock chapter of the National Association for the Advancement of Colored People (NAACP) watched this process with some trepidation and, as time passed, decided to sue in order to expedite the process of desegregation. As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Analyzing Cooper v. Aaron 11 and its aftermath, he concludes that the unanimous opinion for the 4. https://en.wikisource.org/w/index.php?title=Cooper_v._Aaron_(358_U.S._1)/Opinion_of_the_Court&oldid=11633640, Creative Commons Attribution-ShareAlike License. 2d 5, 1958 U.S. LEXIS 657 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. In view of the nature of the motions, he referred them to the entire Court. 84. Cooper v. Aaron, 358 U.S. 1 (1958), was a landmark decision of the Supreme Court of the United States, which denied the Arkansas School Board the right to delay desegregation for 30 months. 667; Com. On June 30, the Supreme Court refused to hear the appeal before the Eighth Circuit. As a result of these discussions, the Board reached the conclusion that 'a large majority of the residents' of Little Rock were of 'the belief * * * that the Plan, although objectionable in principle,' from the point of view of those supporting segregated schools, 'was still the best for the interests of all pupils in the District.'. No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. By this time, the Little Rock School Board had decided on a plan that would achieve desegregation in six years. It was made plain that delay in any guise in order to deny the constitutional rights of Negro children could not be countenanced, and that only a prompt start, diligently and earnestly pursued, to eliminate racial segregation from the public schools could constitute good faith compliance. 60, that 'It is emphatically the province and duty of the judicial department to say what the law is.' 163 F.Supp. This authority has always been in tension with the democratic foundations of our government. 1, Misc., August Special Term, 1958, Aaron et al. Major support provided through a partnership with the Arkansas Department of Parks & Tourism. Desirable as this is, and important as is the preservation of the public peace, this aim cannot be accomplished by laws or ordinances which deny rights created or protected by the federal Constitution.' However, it was also aware that the Arkansas Governor and the Legislature were doing everything in their power to openly defy the Court’s Brown v. Board of Education ruling. Article VI of the Constitution makes the Constitution the 'supreme Law of the Land.' Honor or memorial gifts are an everlasting way to pay tribute to someone who has touched your life. They refused to obey court orders designed to implement school desegregation. [Eds: On October 6, 1958, for the first time in Supreme Court history all nine Justices signed a majority opinion. 349 U.S. at pages 300-301, 75 S.Ct. Among other things the court found that the past year at Central High School had been attended by conditions of 'chaos, bedlam and turmoil'; that there were 'repeated incidents of more or less serious violence directed against the Negro students and their property'; that there was 'tension and unrest among the school administrators, the class-room teachers, the pupils, and the latters' parents, which inevitably had an adverse effect upon the educational program'; that a school official was threatened with violence; that a 'serious financial burden' had been cast on the School District; that the education of the students had suffered 'and under existing conditions will continue to suffer'; that the Board would continue to need 'military assistance or its equivalent'; that the local police department would not be able 'to detail enough men to afford the necessary protection'; and that the situation was 'intolerable.' Finding that respondents' application necessarily involved consideration of the merits of the litigation, we entered an order which deferred decision upon the motions pending the disposition of the School Board's petition for certiorari, and fixed September 8, 1958, as the day on or before which such petition might be filed, and September 11, 1958, for oral argument upon the petition. Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. To that end, the courts may consider problems related to administration, arising from the physical condition of the school plant, the school transportation system, personnel, revision of school districts and attendance areas into compact units to achieve a system of determining admission to the public schools on a nonracial basis, and revision of local laws and regulations which may be necessary in solving the foregoing problems.' Touching base in primarily democratic polities, judiciaries and supreme courts have armed themselves with judicial review practices. A hearing took place on September 20, with Osro Cobb, the U.S. attorney for the Eastern District of Arkansas, appearing for the United States. The procedural history of the case is complex because it became entangled with the events surrounding the Little Rock Nine, Governor Faubus’s attempts to oppose desegregation, and the mob violence and civil disorder surrounding the desegregation of Little Rock Central High School. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. The Court’s unanimous decision signaled to states that were trying to ignore or evade Brown v. Board of Education that the federal courts would not tolerate state refusal to obey the Fourteenth Amendment. The Constitution created a government dedicated to equal justice under law. Further, since state governors and legislators swear oaths to uphold the Constitution, acting in defiance of Brown was tantamount to breaking these oaths of office. . at page 16. The District Court granted the relief, but the Eight Circuit Court of Appeals reversed. ———. Eight of the Negro students remained in attendance at the school throughout the school year. On September 23, under the protection of the Little Rock Police Department, the Little Rock Nine entered Central High School but were withdrawn after a few hours because of a large crowd demonstrating outside. On August 18, 1958, the 8th Circuit held the District Court erred in granting the stay. Wrote the unanimous opinion in Cooper v. Aaron because he had a knack for writing difficult opinions. Sterling v. Constantin, 287 U.S. 378, 397-398, 53 S.Ct. 169. Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. Download The Little Rock Crisis and the U.S. Supreme Court - Cooper v. Aaron (1957) Kilpatrick, Judith. Little Rock on Trial: Cooper v. Aaron and School Desegregation. Three days later, September 7, the District Court denied a petition of the School Board and the Superintendent of Schools for an order temporarily suspending continuance of the program. Most casebooks do not include Cooper v. Aaron. For additional information: Encyclopedia of Arkansas Found insideSober news reports of a U.S. Army convoy rumbling across the bridge into Little Rock cannot overpower this intimate, powerful, personal account of the integration of Little Rock Central High School. Cooper v. Aaron, 358 U.S. 1, was a landmark decision of the Supreme Court of the United States, which of Pennsylvania v. Board of Directors of City Trusts of Philadelphia, 353 U.S. 230, 77 S.Ct. The right of a student not to be segregated on racial grounds in schools so maintained is indeed so fundamental and pervasive that it is embraced in the concept of due process of law. The NAACP appealed to the Eighth Circuit Court of Appeals. This must be so, or the constitutional prohibition has no meaning.' 'It is accordingly ordered that the judgment of the Court of Appeals for the Eighth Circuit, dated August 18, 1958, 257 F.2d 33, reversing the judgment of the District Court for the Eastern District of Arkansas, dated June 20, 1958, 163 F.Supp. Following is the case brief for Cooper v. Aaron, 358 U.S. 1 (1958). Oct. 6 /58—Clark, J said he would join if Black … However, on August 30, federal district court judge Ronald Davies enjoined Thomason from further proceedings in state court. On September 12, 1958, as already mentioned, we unanimously affirmed the judgment of the Court of Appeals in the per curiam opinion set forth in the margin at the outset of this opinion. Smith v. Texas, 311 U.S. 128, 132, 61 S.Ct. Indeed, the expansion of judicial review has even reached over to other nations worldwide. 1, Misc., August Special Term, 1958, Aaron et al. Neither the Governor nor any other official of the State government consulted with the Little Rock authorities about whether the Little Rock police were prepared to cope with any incidents which might arise at the school, about any need for State assistance in maintaining peace and order, or about stationing the Arkansas National Guard at Central High School.' We come now to the aspect of the proceedings presently before us. Division of Opinion in the Supreme Court A History of Judicial Disintegration Karl M. ZoBell ... to publicly disagree with the decisions of the majority of their brethren ... 1 Cooper v. Aaron, 78 S. Ct. 1399 (1958). “Judicial Supremacy, Judicial Activism: Cooper v. Aaron and Parents Involved.” Saint Louis University Law Journal 52 (Summer 2008): 1191–1210. Decision: In a 5-4 opinion, the Supreme Court ruled in favor of Miranda. “Enforcing Brown in the Little Rock Crisis.” Journal of Appellate Practice and Process 6 (Spring 2004): 67–78. Justice Coleman cites Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1399, 2 L. Ed. Found inside – Page 240... joining the majority in Cooper v. Aaron (1958), which forced Arkansas officials to desegregate schools. He wrote the majority opinion in Cohen v. 1189, 2 L.Ed.2d 1544. Along with the Marshall Court of Chief Justice John Marshall from 1801 to 1835, the Warren Court is remembered as one of the two most impactful periods in American constitutional law. bakke (1978), and webster v. reproductive health services (1989). One may well sympathize with the position of the Board in the face of the frustrating conditions which have confronted it, but, regardless of the Board's good faith, the actions of the other state agencies responsible for those conditions compel us to reject the Board's legal position. 44, and, through the initiative, a pupil assignment law, Ark.Stats. per curium On August 4, the Eighth Circuit heard arguments and, on August 18, reversed Judge Lemley, ruling that although the board was acting in good faith, it must proceed with integration, and “the time has not yet come in these United States when an order of a Federal Court must be whittled away, watered down, or shamefully withdrawn in the face of violent and unlawful acts of individual citizens in opposition thereto.” The school board appealed, and for only the third time in its history, the U.S. Court met in special session to hear the arguments of both sides. The Little Rock school board, represented by Cooper (plaintiff), brought suit in federal district court seeking a postponement of the desegregation plan in the state due to the uneasy circumstances present. Aaron v. Cooper, 357 U.S. 566 (June 30, 1958). 1399: 'The Court, having fully deliberated upon the oral arguments had on August 28, 1958, as supplemented by the arguments presented on September 11, 1958, and all the briefs on file, is unanimously of the opinion that the judgment of the Court of Appeals for the Eighth Circuit of August 18, 1958, 257 F.2d 33, must be affirmed. The Governor’s and Legislature’s behavior was so bad, in fact, that the School Board – though trying diligently to carry out the desegregation plan – asked the District Court to suspend the desegregation plan for two and a half years because of the terrible, violent school year that the black students had to endure. University of Arkansas at Little Rock Law Review Volume 41 Issue 2 The Ben J. Altheimer Symposium--Cooper v. Aaron: Still Timely at Sixty Years Article 12 2019 Cooper Supremacy Re Note: The per curiam opinion announced on September 12, 1958, and printed in a footnote, post, p. 5, applies not only to this case but also to No. Cooper v. Aaron, 358 U.S. 1 (1958), was a landmark decision of the Supreme Court of the United States, which denied the Arkansas School Board the right to delay desegregation for 30 months. This caused quite a sensation on the Nine Negro children were scheduled for admission in September 1957 to Central High School, which has more than two thousand students. In so doing, the state officials were creating chaos, such that it was virtually impossible for the Little Rock police and other law enforcement officials to quell the demonstrations and violence against the nine black students. at page 756. Found insideChallenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. their rulings of the Constitution is binding on all government actors.The The next day, Judge Davies of the federal district court, which had retained jurisdiction over the matter, issued an order that the school integrate in accordance with the plan already approved by the court. Creating an account gives you access to all these features. She appealed this ruling to the Eighth Circuit. Found inside"An effective blend of memoir, history and legal analysis."—Christopher Benson, Washington Post Book World In what John Hope Franklin calls "an essential work" on race and affirmative action, Charles Ogletree, Jr., tells his personal ... In August, Mrs. Clyde Thomason sued in the Chancery Court of Pulaski County to stop the impending integration of Central High. Additional support provided by the Arkansas Humanities Council. The Supreme Court’s opinion in Cooper v. Aaron sent a message to segregated school districts nationwide that the Supreme Court would not tolerate attempts to evade or obstruct integration. The findings were these: 'Up to this time [September 2], no crowds had gathered about Central High School and no acts of violence or threats of violence in connection with the carrying out of the plan had occurred. 1189, 1190, we convened in Special Term on August 28, 1958, and heard oral argument on the respondents' motions, and also argument of the Solicitor General who, by invitation, appeared for the United States as amicus curiae, and asserted that the Court of Appeals' judgment was clearly correct on the merits, and urged that we vacate its stay forthwith. The suit was challenged by Aaron (defendant), representing African American children in Arkansas. In another opinion issued the same day, the Eighth Circuit affirmed the injunction against Faubus. Faubus appealed the injunction. The Constitution is the supreme law of the land, and a State must follow an order from the U.S. Supreme Court. * * *' Ableman v. Booth, 21 How. Marbury “articulated a persuasive justification for an existing judicial practice that was anticipated by the framers of the Constitution, previously acknowledged by justices of the Supreme Court, and regularly exercised by state courts.”). Meanwhile, in response to growing segregationist pressure from both inside and outside Arkansas, on September 2, Governor Orval Faubus appeared on television and announced that, because a majority of voters did not favor desegregation and the threat of violence existed, he was ordering the National Guard to keep black children out of white schools. With regard to the nine black students, they were eventually permitted to attend the school with the help of federal troops. VI, Cl.2; Location: Little Rock, Arkansas 100 Rock Street The case was argued before us on September 11, 1958. The Fourteenth Amendment embodied and emphasized that ideal. 1083, be reinstated. The case is also significant because it provides some historical perspective on how difficult it was to desegregate the schools after Brown. Cooper v. Aaron J OSH B LACKMAN * ... a simple majority of the Supreme Court could now declare, with finality, the “supreme Law of the Land.” Second, Cooper ... Each opinion begins with a caption, lists the affected parties, and ends with an order to affirm or reverse the Recognizing the vital importance of a decision of the issues in time to permit arrangements to be made for the 1958-1959 school year, see Aaron v. 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