Cooper v. Aaron
Case Overview
CITATION
ARGUED ON
DECIDED ON
DECIDED BY
358 U.S. 1
September 11, 1958
September 12, 1958
Legal Issue
Are state officials obligated to comply with federal court orders mandating the desegregation of public schools?
Holding
Yes, state officials must comply with federal court orders mandating the desegregation of public schools.
Members of the Arkansas National Guard preventing the “Little Rock Nine” from entering their school | Credit: Wikipedia Commons
Background
In the landmark case Brown v. Board of Education (1954), the Supreme Court unanimously held that segregation of public schools was unconstitutional and ordered District Courts to ensure “a prompt and reasonable start toward full compliance.” In the aftermath of the Brown decision, the Little Rock District School Board began to create a plan to integrate their schools with the goal of achieving full integration by 1963. A group of black plaintiffs challenged the plan, but it was initially upheld.
In November of 1956, the Arkansas General Assembly amended the state constitution to mandate the opposition of the Brown decision and prohibit any plans of integration. Despite this, the Little Rock School Board continued with their integration plan, but they faced fierce opposition from the state government. Before the first day of school, Governor Orval Faubus ordered the Arkansas National Guard to prevent the nine black students enrolled at Little Rock Central High School from entering. The Governor’s actions only inflamed already existing tensions in the community, placing the students in danger and making integration more difficult. Five months into the school year, the school board petitioned the District Court to postpone their integration plan, arguing that the Governor’s opposition had made the situation too chaotic to continue. The District Court granted the school board’s request, but that decision was reversed by the United States Court of Appeals for the Eighth Circuit. The school board appealed to the U.S. Supreme Court, who granted certiorari to settle the matter in time for the next school year.
Summary
Unanimous decision for Aaron
Cooper
Aaron
Warren
Black
Douglas
Brennan
Clark
Whittaker
Harlan
Burton
Frankfurter
Opinion of the Court
In the only recorded instance in history, the unanimous opinion was authored jointly by all nine Justices on the Court. In the opinion, the Court held that the Little Rock School Board must comply with federal court orders to integrate their public schools. The Court acknowledged that the school board had made substantial efforts to do so and that the Governor and legislature of Arkansas were responsible for their failure. However, they stated that “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. . . The constitutional rights of respondents are not to be sacrificed or yielded to the violence and disorder which have followed upon the actions of the Governor and Legislature.”
In response to the school board’s argument that the delay of their integration plan was necessary to maintain law and order, the Court reasoned that the solution to maintaining law in order is not to deprive the rights of other citizens. Furthermore, the Court asserted that just as state actors were responsible for the chaos surrounding school integration, they too were responsible for bringing its end. The Court continued, writing “the constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this Court in the Brown case can neither be nullified openly and directly by state legislators or state executive or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether attempted ‘ingeniously or ingenuously.’”
The Court also spoke directly on the actions of the Arkansas General Assembly and Governor Faubus to subvert their ruling in Brown, stating that “[i]t is necessary only to recall some basic constitutional propositions which are settled doctrine.” The Court asserted that Article VI of the Constitution clearly establishes the document as “the supreme Law of the Land”. In addition, they explained that the precedent set in Marbury v. Madison (1803) established “the basic principle that the 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.” They contended that “[n]o state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.”
The Court explained that since public education is primarily a concern of the states, that responsibility must be exercised in accordance with the Constitution. They reasserted their holding in Brown, stating that the right of children in schools not to be segregated is “so fundamental and pervasive that it is embraced in the concept of due process of law.” The Court ultimately concluded that “[t]he principles announced in [Brown] and the obedience of the States to them, according to the command of the Constitution, are indispensable for the protection of the freedoms guaranteed by our fundamental charter for all of us. Our constitutional ideal of equal justice under law is thus made a living truth.”