Evening star., 1954-05-18
Complexities Arise
On Manner and Time
Of 0beying Decision
By Robert K. Welsh

By Robert K. Welsh
The 9-to-0 Supreme Court de-
cision that public school racial
segregation is unconstitutional
left what the tribunal itself
called problems of considerable
complexity" today on how and
when to carry out the ruling.
The unanimous opinion. read
by Chief Justice Warren yester-
day, was one of the most sweep
ing and momentous in the courts
history. Its implications and
ramif1cations stretched far be-
yond specific cases from the Dis
trict, Virginia, South Carolina,
Delaware and Kansas.
To all legal intents and pur-
poses, it struck down such seq
regation in public schools of II
Southern and border States,
where separation of white and
Negro public school children has
been compulsory. Moreover, the
court overturned the 58-year-old
separate but equal" doctrine by
declaring that the practice had
no place in the field of public
others today studied still broader
education.
Lawyers, public officials and
aspects of the courts action.
Many showed particular interest
in the courts rejection of con-
tentionS that individual States
and Congress in the case of the
DiStrict-should be the ones to
decide whether to end Segrega-
tion. This, in turn, caused con-
tinued discussion of the scope of
judicial and legislative powers
in general and possibly in other
fields under the Constitution.
Court Asks Assistance.
Meanwhile. the immediate
complexity centered on the me-
chancis and the time for actual
ly ending public school segrega-
tion. The court yesterday asked
for further and full" assistance
of both sides, and of the Attor-
ney General, next fall in helping
it to frame DEGREES to put its
decision into effect.
This request raised a possibil-
ity that the detailed implement
tation and the carrying out of
the decision in specific cases and
communities may be months
away.
The court, which expects to
end its current term June 7 and
return October 4, set October /
as the deadline for submission
of briefs for further argument
on procedural questions. The
same questions were among sew
eral discussed to some extent in
re-argument of the five cases
last December.
Points for Decision.
Having held that racial segre-
cation in public schools lis a
denial of the equal protection of
the laws" the court now has
invited further discussion so that.
it can decide whether:
Within the limits set by nor
NAL geographic school district
ing, should Negro Children
forthwith be admitted to schools
of their choice?" May the court
permit an effective gradual ad-
juStment?" Should the court
formulate detailed DEGREES and.
if so, what specific issues should
such DEGREES reach? Should a
special master be appointed to
hear evidence and recommend
specific terms for such DEGREES?
Or. should the court return the
five cases to the lower courts
where they originated and direct
those courts to frame DEGREES?
If so, what procedures should
the courts of first instance fol-
low "in arriving at the specific
terms of more detailed decreeS."
The court last December heard
varied suggestions as to the
Swiftest, most successful and
fairest way of putting integra-
ton into effect in the respective
communities if segregation were
outlawed. Most of the attorneys
advised that the framing of de-
tailed DEGREES be left to Federal
courts in the five respective areas.
But there was a wide range of
recommendation as to the timing
of any such decision.