griffin school board argued march decided may litigation began resulted holding brown board education virginia school segregation laws denied equal protection laws reargument question relief remand district year later entry order negro complainants prince edward county admitted public schools racially nondiscriminatory basis deliberate speed faced order desegregate county board supervisors refused appropriate funds operation public schools although private foundation operated schools white children became eligible county state tuition grants public schools continued operate elsewhere virginia protracted litigation federal state courts district enjoined county paying tuition grants giving tax credits long public schools remained closed thereafter refusing abstain pending proceedings state courts held public schools remain closed avoid decision public schools state remained open appeals reversed holding district awaited state determination issues held though amended supplemental complaint added new parties relied developments occurring action begun present new cause action constituted proper amendment rule federal rules civil procedure since new transactions alleged part persistent continuing efforts circumvent holdings pp since supplemental complaint alleged discriminatory system unique one county although involving actions state adjudication required pp action forbidden eleventh amendment constitution since charges state county officials deprived petitioners constitutional rights ex parte young followed long delay resulting state county resistance enforcing constitutional rights involved highest state passed state law issues federal abstention pending state judicial resolution legality respondents conduct constitution laws virginia required appropriate case pp circumstances case closing prince edward county public schools time giving tuition grants tax concessions assist white children private segregated schools denied petitioners equal protection laws guaranteed fourteenth amendment pp prince edward county school children treated differently counties since must go private schools none public schools prince edward county closed private schools operated place constitutionally impermissible reasons race pp quick effective injunctive relief granted respondents duties relating financing supervising operating prince edward county schools pp injunction county officials paying tuition grants giving tax credits public schools remained closed appropriate necessary grants credits part county program deprive petitioners public education enjoyed children counties district may require county supervisors levy taxes raise funds nonracial operation county school system case counties district may necessary issue order carry ruling prince edward county public schools may closed avoid law land state permits public schools remain open expense taxpayers pp new parties may added necessary effectuate district decree robert carter argued cause petitioners brief tucker frank reeves mcilwaine iii assistant attorney general virginia segar gravatt argued cause respondents mcilwaine brief state board education virginia et al robert button attorney general virginia frederick gray gravatt brief board supervisors prince edward county william watkins john kay hicks filed brief respondents county school board prince edward county et al solicitor general cox special leave argued cause amicus curiae urging reversal brief assistant attorney general marshall william vanden heuvel louis claiborne harold greene briefs amici curiae urging reversal filed william beebe hershel shanks national education association landon gerald dowdey raber taylor joseph danahy citizens educational freedom brief amicus curiae urging affirmance filed geo stephen leonard paul summers marshall richard hirshberg city charlottesville justice black delivered opinion litigation began group negro school children living prince edward county virginia filed complaint district eastern district virginia alleging denied admission public schools attended white children charging virginia laws requiring school segregation denied complainants equal protection laws violation fourteenth amendment may ten years ago held virginia segregation laws deny equal protection brown board education may reargument nature relief remanded case along others heard district courts enter orders necessary proper admit complainants public schools racially nondiscriminatory basis deliberate speed brown board education efforts desegregate prince edward county schools met resistance section virginia constitution amended authorize general assembly local governing bodies appropriate funds assist students go public nonsectarian private schools addition owned state locality general assembly met special session enacted legislation close public schools white colored children enrolled together cut state funds schools pay tuition grants children nonsectarian private schools extend state retirement benefits teachers newly created private schools legislation closing mixed schools cutting state funds later invalidated appeals virginia held laws violated virginia constitution harrison day april general assembly abandoned massive resistance desegregation turned instead called freedom choice program assembly repealed rest legislation well tuition grant law january enacted new tuition grant program time assembly repealed virginia compulsory attendance laws instead made school attendance matter local option june appeals fourth circuit directed federal district enjoin discriminatory practices prince edward county schools require county school board take immediate steps toward admitting students without regard race white high school school term beginning september require board make plans admissions elementary schools without regard race allen county school board prince edward county cir early resolved operate public schools wherein white colored children taught together supervisors prince edward county refused levy school taxes school year explaining confronted decree requires admission white colored children schools county without regard race color result county public schools reopen fall remained closed ever since although public schools every county virginia continued operate laws governing state public school system draw funds provided state purpose private group prince edward school foundation formed operate private schools white children prince edward county built school plant operation ever since closing public schools offer set private schools colored children county rejected negroes prince edward preferring continue legal battle desegregated public schools colored children without formal education federal state county authorities cooperated classes conducted negroes whites school buildings owned county school year foundation schools white children supported entirely private contributions general assembly adopted new tuition grant program making every child regardless race eligible tuition grants attend nonsectarian private school public school outside locality also authorizing localities provide grants prince edward board supervisors passed ordinance providing tuition grants child attending prince edward school foundation schools received total elementary school high school session major source financial support foundation indirect form state county tuition grants paid children attending foundation schools time county board supervisors passed ordinance allowing property tax credits contributions nonprofit nonsectarian private school county petitioners filed supplemental complaint adding new parties seeking enjoin respondents refusing operate efficient system public free schools prince edward county enjoin payment public funds help support private schools excluded students account race district finding end result every action taken body board supervisors designed preserve separation races schools prince edward county enjoined county paying tuition grants giving tax credits long public schools remained closed allen county school board prince edward county supp time district pass whether public schools county closed abstained pending determination virginia courts whether constitution laws virginia required public schools kept open later however without waiting virginia courts decide question district held public schools prince edward county may closed avoid effect law land interpreted commonwealth virginia permits public schools remain open expense taxpayers allen county school board prince edward county supp soon thereafter declaratory judgment suit brought county board supervisors county school board virginia circuit done parties asked federal district abstain proceedings suit state courts run course district declined repeated order prince edward public schools might closed avoid desegregation public schools virginia remained open appeals reversed judge bell dissenting holding district abstained await state determination validity tuition grants tax credits well validity closing public schools griffin board supervisors prince edward county cir granted certiorari stating view long delay case since decision brown case importance questions presented grant certiorari put case argument march merits done comparable situations without waiting final action appeals reaching substantial questions presented shall note several procedural matters urged respondents motion dismiss supplemental amended complaint filed july ten years action instituted motion dismiss granted grounds assigned result one judge bell dissenting appeals referred inordinate delays already occurred protracted litigation shall take separately grounds assigned dismissal contended amended supplemental complaint presented new different cause action presented original complaint supplemental pleading add new parties rely good part transactions occurrences events happened since action begun new transactions alleged occurred part continued persistent efforts circumvent holding prince edward county continue operate maintain support system schools students segregated racial basis original complaint challenged racial segregation schools admittedly public new complaint charged prince edward county still using funds along state funds assist private schools time closing county public schools avoid desegregation ordered brown cases amended complaint thus new cause action merely part old cause action arising continued desire colored students prince edward county opportunity education afforded white people desire thwarted segregation public schools combination closed public schools state county grants white children foundation private schools rule federal rules civil procedure plainly permits supplemental amendments cover events happening suit follows course persons participating new events may added necessary amendments well within basic aim rules make pleadings means achieve orderly fair administration justice action originally brought broadly charged constitution laws virginia provided state system public schools unconstitutionally segregated school children basis color challenge heard district three judges required brown held school segregation laws invalid denial equal protection laws fourteenth amendment remanded district fashion decree requiring abandonment segregation deliberate speed ceased function single district judge took respondents contend single judge erroneously passed issues raised supplemental complaint delay case still vacating judgment along appeals remanding district completely new trial three judges reject contention rorick board everglades drainage said interpreting statute judicial code amended ed despite generality language section settled doctrine suit involving statute general application one affecting particular municipality district invoke contended case action state forbidden eleventh amendment therefore dismissed complaint however charged state county officials depriving petitioners rights guaranteed fourteenth amendment settled law since ex parte young suits state county officials enjoin invading constitutional rights forbidden eleventh amendment argued district abstained passing issues raised order await determination appeals virginia whether conduct complained violated constitution laws virginia appeals held cases deemed appropriate directed course followed district approved followed railroad texas pullman louisiana power light city thibodaux agree dissenting judge appeals case abstention first place appeals virginia already passed upon state law respect issues county school board prince edward county griffin quite independently hold issues imperatively call decision case delayed since resistance state county level legislation lawsuits original plaintiffs doubtless passed high school age entirely much deliberation enough speed enforcing constitutional rights held brown board education supra denied prince edward county negro children accordingly reverse appeals judgment remanding case district abstention proceed merits ii county school board prince edward county griffin appeals virginia upheld valid state law closing prince edward county public schools state county tuition grants children attend private schools county tax concessions make contributions private schools opinion also held county option operate operate public schools accept case definitive authoritative holding virginia law binding us accept virginia holding based largely appeals opinion case closing county public schools circumstances case deny colored school children prince edward county equal protection laws guaranteed federal constitution since virginia counties benefits public schools one prince edward however rule counties counties must treated alike equal protection clause relates equal protection laws persons rather areas salsburg maryland indeed showing different persons treated differently enough without show denial equal protection kotch board river port pilot circumstances case govern skinner oklahoma ex rel williamson virginia law applied unquestionably treats school children prince edward differently way treats school children virginia counties prince edward children must go private school none virginia children go public schools closing prince edward schools bears heavily negro children prince edward county since white children accredited private schools attend colored children recently available private schools even school attend temporary expedient apart expedient result prince edward county school children go school county must go racially segregated schools although designated private beneficiaries county state support state course wide discretion deciding whether laws shall operate statewide shall operate certain counties legislature mind needs desires salsburg maryland supra state may wish suggest maryland salsburg reasons one county treated like another record present case clearer prince edward public schools closed private schools operated place state county assistance one reason one reason ensure measures taken county state white colored children prince edward county circumstances go school whatever nonracial grounds might support state allowing county abandon public schools object must constitutional one grounds race opposition desegregation qualify constitutional hall helena parish school board supp la district invalidated louisiana statute provided means public schools desegregation orders may changed private schools operated way buildings furnishings money supervision public schools addition statute also provided public schools closed school board charged responsibility furnishing free lunches transportation children attending private schools ibid affirmed district judgment invalidating louisiana statute denial equal protection louisiana plan virginia plan worked different ways plain created accomplish thing perpetuation racial segregation closing public schools operating segregated schools supported directly indirectly state county funds see cooper aaron either plan works deny colored students equal protection laws accordingly agree district closing prince edward schools meanwhile contributing support private segregated white schools took place denied petitioners equal protection laws iii come question kind decree necessary appropriate put end racial discrimination practiced petitioners authority virginia laws relief needs quick effective parties defendant board supervisors school board treasurer division superintendent schools prince edward county state board education state superintendent education duties relate directly indirectly financing supervision operation schools prince edward county board supervisors special responsibility levy local taxes operate public schools aid children attending private schools functioning white children district enjoined county officials paying county tuition grants giving tax exemptions processing applications state tuition grants long county public schools remained closed doubt power give relief enforce discontinuance county racially discriminatory practices long established actions county maintained courts order vindicate federally guaranteed rights lincoln county luning kennecott copper state tax injunction paying tuition grants giving tax credits public schools remain closed appropriate necessary since grants tax credits essential parts county program successful thus far deprive petitioners advantages public school education enjoyed children every part virginia reasons district may necessary prevent racial discrimination require supervisors exercise power levy taxes raise funds adequate reopen operate maintain without racial discrimination public school system prince edward county like operated counties virginia district held public schools prince edward county may closed avoid effect law land interpreted commonwealth virginia permits public schools remain open expense taxpayers allen county school board prince edward county supp time gave notice later consider order accomplish purpose public schools reopened september day long passed schools still closed remand therefore may find necessary consider order order kind within power required assure petitioners constitutional rights longer denied time mere deliberate speed run phrase longer justify denying prince edward county school children constitutional rights education equal afforded public schools parts virginia judgment appeals reversed judgment district affirmed cause remanded district directions enter decree guarantee petitioners get kind education given state public schools becomes necessary add new parties accomplish end district free ordered footnotes code et seq acts ex code code board public explanation june refusal appropriate money levy taxes carry county public school system school board county confronted decree requires admission white colored children schools county without regard race color knowing people county know possible operate schools county within terms principle time maintain atmosphere conducive educational benefit people code question validity state tuition grants held matter state law grants meant given localities without public schools therefore enjoined county processing applications state grants long public schools remained closed appeals virginia mandamus proceeding instituted petitioners held state constitution statutes impose upon county board supervisors mandatory duty levy taxes appropriate money support free public schools griffin board supervisors prince edward county meantime appeals virginia held virginia constitution compel state reopen public schools prince edward county county school board prince edward county griffin upon motion party may upon reasonable notice upon terms permit serve supplemental pleading setting forth transactions occurrences events happened since date pleading sought supplemented fed rules civ proc go without saying vitality constitutional principles allowed yield simply disagreement brown board education county since time district decree repealed tax credit ordinance