|* No. 1. Reargued on the
question of relief April 11-14, 1955.
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
These cases were decided on May 17, 1954. The opinions of that date, declaring the fundamental principle that racial discrimination in public education is unconstitutional, are incorporated herein by reference. All provisions of federal, state, or local law requiring or permitting such discrimination must yield to this principle. There remains for consideration the manner in which relief is to be accorded.
Because these cases arose under different local conditions and
their disposition will involve a variety of local problems, we
requested further argument on the question of relief.... These
presentations were informative and helpful to the Court
in its consideration of the complexities arising from the transition to
a system of public education freed of racial discrimination....
Full implementation of these constitutional principles may require solution of varied local school problems. School authorities have the primary responsibility for elucidating, assessing, and solving these problems; courts will have to consider whether the action of school authorities constitutes good faith implementation of the governing constitutional principles. Because of their proximity to local conditions and the possible need for further hearings, the courts which originally heard these cases can best perform this judicial appraisal. Accordingly, we believe it appropriate to remand the cases to those courts.
In fashioning and effectuating the decrees, the courts will be guided by equitable principles. Traditionally, equity has been characterized by a practical flexibility in shaping its remedies and by a facility for adjusting and reconciling public and private needs. These cases call for the exercise of these traditional attributes of equity power. At stake is the personal interest of the plaintiffs in admission to public schools as soon as practicable on a nondiscriminatory basis. To effectuate this interest may call for elimination of a variety of obstacles in making the transition to school systems operated in accordance with the constitutional principles set forth in our May 17, 1954, decision. Courts of equity may properly take into account the public interest in the elimination of such obstacles in a systematic and effective manner. But it should go without saying that the vitality of these constitutional principles cannot be allowed to yield simply because of disagreement with them.
While giving weight to these public and private
the courts will require that the defendants make a prompt and
reasonable start toward full compliance with our May 17, 1954, ruling.
Once such a start has been made, the courts may find that additional
time is necessary to carry out the ruling in an effective manner. The
burden rests upon the defendants to establish that such time is
necessary in the public interest and is consistent with good faith
compliance at the earliest practicable date. 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
on a nonracial basis, and revision of local laws and
regulations which may be necessary in solving the foregoing problems.
They will also consider the adequacy of any plans the defendants may
propose to meet these problems and to effectuate a transition to a
racially nondiscriminatory school system. During this period of
transition, the courts will retain jurisdiction of these cases.
The judgments below...are accordingly
reversed and the cases are remanded to the District Courts to take such
proceedings and enter such orders and decrees consistent with this
opinion as are necessary and proper to admit to public schools on a
racially nondiscriminatory basis with all deliberate speed the
to these cases [emphasis added].
It is so ordered.