Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. Any language in Plessy v. Ferguson contrary to this finding is rejected.

We conclude that in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.

Because these are class actions, because of the wide applicability of this decision and because of the great variety of local conditions, the formulation of decrees in these cases presents problems of considerable complexity. On reargument, the consideration of appropriate relief was necessarily subordinated to the primary question—the constitutionality of segregation in public education. We have now announced that such segregation is a denial of the equal protection of the laws. In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for reargument this Term. The Attorney General of the United States is again invited to participate. The Attorneys General of the states requiring or permitting segregaion in public education will also be permitted to appear as amici curiae upon request to do so by September 15, 1954, and submission of briefs by October 1, 1954.

INDEX

Transcriber’s Note:

This book was written in a period when many words had not become standardized in their spelling. Words may have multiple spelling variations or inconsistent hyphenation in the text. These have been left unchanged unless indicated below. Misspelled words were not corrected.

Footnotes were renumbered sequentially. Obvious printing errors, such as backwards, upside down, or partially printed letters and punctuation were corrected. Final stops missing at the end of sentences and abbreviations were added. Duplicate letters at line endings were removed.

The following was changed:   “as” to [“is”]:
... is, in itself, unconstitutional,...