norwood
harrison
argued
decided
june
district
sustained
validity
mississippi
statutory
program
begun
textbooks
purchased
state
lent
students
public
private
schools
without
reference
whether
participating
private
school
racially
discriminatory
policies
number
private
secular
schools
mississippi
virtually
student
population
greatly
increased
recent
years
held
private
schools
right
exist
operate
pierce
society
sisters
state
required
equal
protection
clause
provide
assistance
private
schools
equivalent
provides
public
schools
without
regard
whether
private
schools
discriminate
racial
grounds
pp
free
textbooks
like
tuition
grants
directed
students
private
schools
form
tangible
financial
assistance
benefiting
schools
state
constitutional
obligation
requires
avoid
operating
old
dual
system
racially
segregated
schools
also
providing
tangible
aid
schools
practice
racial
invidious
discrimination
pp
assistance
carefully
limited
avoid
prohibitions
effect
entanglement
tests
may
confined
secular
functions
sectarian
schools
substantially
promote
religious
mission
schools
violation
establishment
clause
case
however
legitimate
educational
function
private
discriminatory
schools
isolated
alleged
discriminatory
practices
discriminatory
treatment
exerts
pervasive
influence
entire
educational
process
brown
board
education
establishment
clause
permits
greater
degree
state
assistance
sectarian
schools
may
given
private
schools
engage
discriminatory
practices
everson
board
education
board
education
allen
distinguished
pp
proper
injunctive
relief
granted
without
implying
private
schools
alleged
receiving
textbook
aid
restrictive
admission
policies
district
direct
appellees
submit
approval
certification
procedure
whereby
schools
may
apply
textbooks
behalf
pupils
affirmatively
declaring
admission
policies
practices
stating
number
racially
religiously
identifiable
minority
students
relevant
data
certification
eligibility
subject
judicial
review
pp
burger
delivered
opinion
stewart
white
marshall
blackmun
powell
rehnquist
joined
douglas
brennan
concurred
result
melvyn
leventhal
argued
cause
appellants
briefs
jack
greenberg
james
nabrit
iii
charles
stephen
ralston
norman
chachkin
anthony
amsterdam
william
allain
first
assistant
attorney
general
mississippi
argued
cause
appellees
brief
summer
attorney
general
heber
ladner
special
assistant
attorney
general
solicitor
general
griswold
assistant
attorney
general
pottinger
deputy
solicitor
general
wallace
harriet
shapiro
brian
landsberg
thomas
keeling
filed
memorandum
amicus
curiae
urging
reversal
chief
justice
burger
delivered
opinion
district
sustained
validity
mississippi
statutory
program
textbooks
purchased
state
lent
students
public
private
schools
without
reference
whether
participating
private
school
racially
discriminatory
policies
supp
nd
miss
noted
probable
jurisdiction
appellants
parents
four
schoolchildren
tunica
county
mississippi
filed
class
action
behalf
students
throughout
mississippi
enjoin
part
enforcement
mississippi
textbook
lending
program
complaint
alleged
certain
private
schools
excluded
students
basis
race
supplying
textbooks
students
attending
private
schools
appellees
acting
state
provided
direct
state
aid
racially
segregated
education
also
alleged
textbook
aid
program
thereby
impeded
process
fully
desegregating
public
schools
violation
appellants
constitutional
rights
private
schools
mississippi
experienced
marked
growth
recent
years
recently
school
year
private
schools
catholic
schools
total
enrollment
students
nonpublic
schools
students
negro
enrolled
special
schools
retarded
orphaned
abandoned
children
september
number
private
schools
increased
student
population
estimated
virtually
white
appellees
challenge
statement
fully
documented
appellants
brief
creation
enlargement
private
academies
occurred
simultaneously
major
events
desegregation
public
schools
case
raise
question
right
citizens
maintain
private
schools
admission
limited
students
particular
national
origins
race
religion
authority
state
allow
schools
see
pierce
society
sisters
narrow
issue
us
rather
particular
form
tangible
assistance
state
provides
students
private
schools
common
students
lending
textbooks
state
program
providing
free
textbooks
children
state
program
dates
back
appeal
improved
educational
facilities
governor
mississippi
state
legislature
legislature
established
state
textbook
purchasing
board
authorized
select
purchase
distribute
free
textbooks
schoolchildren
first
eight
grades
program
extended
cover
high
school
students
codified
statutory
authorization
remains
substantially
unchanged
miss
code
ann
et
seq
administration
textbook
program
vested
mississippi
textbook
purchasing
board
whose
members
include
governor
state
superintendent
education
three
experienced
educators
appointed
governor
terms
board
employs
administrator
executive
secretary
textbooks
may
purchased
use
courses
set
state
course
study
adopted
state
board
education
courses
established
special
acts
legislature
course
study
rating
committee
composed
appointed
members
books
approved
relevant
rating
committee
may
purchased
publishers
price
higher
lowest
prices
books
sold
anywhere
books
kept
central
book
repository
jackson
appellees
send
school
district
recent
years
private
school
requisition
forms
listing
approved
textbooks
available
state
free
distribution
students
local
school
district
private
school
sends
requisition
form
purchasing
board
approval
executive
secretary
turn
forwards
approved
form
jackson
book
repository
order
routinely
filled
requested
books
shipped
directly
school
district
private
school
district
found
students
presently
receiving
textbooks
attending
nonsectarian
private
schools
formed
throughout
state
since
inception
public
school
desegregation
school
year
schools
held
books
mississippi
paid
annual
expenditure
replacements
new
texts
approximately
per
pupil
total
approximately
students
enrolled
participating
private
segregated
academies
exclusive
mailing
costs
borne
state
well
dismissing
complaint
district
stressed
first
statutory
scheme
motivated
desire
racial
segregation
public
schools
enacted
first
long
decision
brown
board
education
consequently
long
occasion
policy
reason
foster
development
racially
segregated
private
academies
second
district
took
note
providing
textbooks
private
sectarian
schools
approved
board
education
allen
essential
inquiry
therefore
whether
apply
stringent
standard
determining
constitutes
state
aid
school
context
fourteenth
amendment
ban
denial
equal
protection
law
applied
first
amendment
cases
district
held
stringent
standard
apply
facts
case
since
allen
books
provided
students
schools
finally
district
concluded
textbook
loans
interfere
impede
state
acknowledged
duty
establish
unitary
school
system
holding
green
county
school
board
since
epriving
segment
school
children
textbooks
point
time
necessary
establishment
maintenance
unitary
schools
indeed
public
schools
plaintiffs
acknowledge
fully
established
unitary
schools
throughout
state
later
continue
attract
state
educable
children
showing
child
enrolled
private
school
deprived
free
textbooks
withdraw
private
school
subsequently
enroll
public
schools
ii
pierce
society
sisters
held
state
role
education
citizens
must
yield
right
parents
provide
equivalent
education
children
privately
operated
school
parents
choice
term
reaffirmed
vitality
pierce
wisconsin
yoder
suggestion
present
case
alter
view
pierce
yet
holding
pierce
without
limits
justice
white
observed
concurring
opinion
yoder
pierce
held
simply
state
may
posit
educational
standards
may
educational
process
requiring
children
attend
public
schools
appellees
fail
recognize
limited
scope
pierce
urge
right
parents
send
children
private
schools
holding
stake
case
suggestion
made
rights
parents
pierce
undermined
lending
free
textbooks
denied
attend
private
schools
words
schoolchildren
attend
private
schools
might
deprived
equal
protection
laws
invidiously
classified
state
textbook
loan
program
simply
parents
exercised
constitutionally
protected
choice
send
children
private
schools
see
issue
appellees
terms
pierce
affirmed
right
private
schools
exist
operate
said
nothing
supposed
right
private
parochial
schools
share
public
schools
state
largesse
equal
basis
otherwise
never
held
private
schools
given
share
public
funds
allocated
education
schools
isolated
classification
violative
equal
protection
clause
one
thing
say
state
may
prohibit
maintenance
private
schools
quite
another
say
schools
must
matter
equal
protection
receive
state
aid
appellees
intimate
state
must
provide
assistance
private
schools
equivalent
provides
public
schools
without
regard
whether
private
schools
discriminate
racial
grounds
clearly
state
need
even
schools
whose
policies
nondiscriminatory
absolute
right
equal
aid
negated
least
implication
lemon
kurtzman
religion
clauses
first
amendment
strictly
confine
state
aid
sectarian
education
even
assuming
therefore
equal
protection
clause
might
require
state
aid
granted
private
nonsectarian
schools
circumstances
health
care
textbooks
example
state
rationally
conclude
matter
legislative
policy
constitutional
neutrality
sectarian
schools
might
best
achieved
withholding
state
assistance
see
san
antonio
independent
school
district
rodriguez
way
state
special
interest
elevating
quality
education
public
private
schools
mean
state
must
grant
aid
private
schools
without
regard
constitutionally
mandated
standards
forbidding
discrimination
constitution
may
compel
toleration
private
discrimination
circumstances
mean
requires
state
support
discrimination
iii
district
holding
therefore
raises
question
whether
terms
state
may
matter
legislative
policy
provide
tangible
assistance
students
attending
private
schools
appellants
asserts
private
schools
fact
racially
discriminatory
also
aid
form
derogation
state
obligation
support
discrimination
education
consistently
affirmed
decisions
enjoining
state
tuition
grants
students
attending
racially
discriminatory
private
schools
textbook
lending
program
legally
distinguishable
forms
state
assistance
foreclosed
prior
cases
free
textbooks
like
tuition
grants
directed
private
school
students
form
financial
assistance
inuring
benefit
private
schools
inescapable
educational
cost
students
public
private
schools
expense
providing
necessary
learning
materials
necessary
expense
borne
state
economic
consequence
give
aid
enterprise
school
engages
discriminatory
practices
state
tangible
aid
form
textbooks
thereby
gives
support
discrimination
racial
discrimination
schools
barred
constitution
also
axiomatic
state
may
induce
encourage
promote
private
persons
accomplish
constitutionally
forbidden
accomplish
lee
macon
county
board
education
supp
md
suggest
state
violates
constitutional
duty
merely
provided
form
state
service
benefits
private
schools
said
racially
discriminatory
textbooks
basic
educational
tool
like
tuition
grants
provided
connection
schools
distinguished
generalized
services
government
might
provide
schools
common
others
moreover
textbooks
provided
private
school
students
state
case
form
assistance
readily
available
sources
entirely
independent
state
unlike
example
necessities
life
electricity
water
police
fire
protection
moose
lodge
irvis
state
neither
absolute
operating
monopoly
procurement
school
textbooks
anyone
purchase
open
market
district
laid
great
stress
absence
showing
appellants
child
enrolled
private
school
deprived
free
textbooks
withdraw
private
school
subsequently
enroll
public
schools
accept
factual
assertion
know
record
least
whether
state
textbook
assistance
determinative
factor
enrollment
students
private
schools
mississippi
agree
district
analysis
legal
consequences
uncertainty
constitution
permit
state
aid
discrimination
even
precise
causal
relationship
state
financial
aid
private
school
continued
school
state
may
grant
type
tangible
financial
aid
involved
aid
significant
tendency
facilitate
reinforce
support
private
discrimination
ecisions
constitutionality
state
involvement
private
discrimination
turn
whether
state
aid
adds
percent
adds
per
cent
support
segregated
institution
poindexter
louisiana
financial
assistance
supp
ed
la
recurring
theme
appellees
argument
sympathetic
one
state
textbook
loan
program
extended
students
attend
racially
segregated
private
schools
state
sincerely
wishes
foster
quality
education
mississippi
children
end
taken
steps
insure
schoolchildren
deprived
important
educational
tool
merely
parents
chosen
enroll
segregated
private
schools
need
assume
state
textbook
aid
private
schools
motivated
sincere
interest
educational
welfare
mississippi
children
good
intentions
one
valid
objective
serve
negate
state
involvement
violation
constitutional
duty
existence
permissible
purpose
sustain
action
impermissible
effect
wright
council
city
emporia
equal
protection
clause
sterile
promise
state
involvement
possible
private
activity
shielded
altogether
constitutional
scrutiny
simply
ultimate
end
discrimination
higher
goal
district
offered
support
holding
finding
mississippi
public
schools
fully
established
unitary
schools
throughout
state
later
continue
attract
state
educable
children
note
however
overall
attendance
figures
fully
accurately
reflect
impact
private
schools
particular
school
districts
event
constitutional
infirmity
mississippi
textbook
program
significantly
aids
organization
continuation
separate
system
private
schools
district
holding
may
discriminate
desire
state
constitutional
obligation
requires
steer
clear
operating
old
dual
system
racially
segregated
schools
also
giving
significant
aid
institutions
practice
racial
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state
public
schools
fully
unitary
district
found
irrelevant
iv
appellees
district
also
placed
great
reliance
decisions
everson
board
education
board
education
allen
everson
held
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clause
first
amendment
prohibit
new
jersey
spending
funds
pay
bus
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school
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program
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public
schools
allen
following
everson
sustained
new
york
law
requiring
school
textbooks
lent
free
charge
students
including
attendance
parochial
schools
specified
grades
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allen
everson
dispositive
issue
us
case
religious
schools
pursue
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goals
religious
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education
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allen
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schools
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committee
public
education
nyquist
post
levitt
committee
public
education
post
substantial
interest
quality
education
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private
schools
see
cochran
louisiana
board
education
importantly
assistance
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confined
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functions
sectarian
schools
substantially
promote
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mission
schools
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sectarian
school
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school
even
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fulfills
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context
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brown
board
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treatment
exerts
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private
school
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actions
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processes
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reason
discriminate
students
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wholly
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merit
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barriers
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essential
part
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message
communicated
students
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private
bias
barred
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invoke
sanction
laws
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constitution
material
aid
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tilton
richardson
mean
already
suggested
state
constitutionally
obligated
provide
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sectarian
schools
transcendent
value
free
religious
exercise
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scheme
leaves
room
play
joints
extent
cautiously
delineated
secular
governmental
assistance
religious
schools
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fact
assistance
touches
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values
establishment
clause
indirectly
benefiting
religious
schools
sponsors
contrast
although
constitution
proscribe
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bias
places
value
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values
inherent
free
exercise
clause
invidious
private
discrimination
may
characterized
form
exercising
freedom
association
protected
first
amendment
never
accorded
affirmative
constitutional
protections
even
private
discrimination
subject
special
remedial
legislation
certain
circumstances
thirteenth
amendment
congress
made
discrimination
unlawful
significant
contexts
however
narrow
may
channel
permissible
state
aid
sectarian
schools
nyquist
supra
levitt
supra
permits
greater
degree
state
assistance
may
given
private
schools
engage
discriminatory
practices
unlawful
public
school
system
oral
argument
appellees
expressed
concern
process
determining
scope
relief
granted
appellants
prevail
merits
aspect
case
presents
problems
procedural
details
need
fully
resolved
district
assumption
textbook
loans
permissible
even
racially
discriminating
private
schools
obviated
necessity
determine
whether
private
schools
properly
classified
racially
discriminatory
determination
might
best
made
construe
complaint
contemplating
individual
determination
private
school
mississippi
whose
students
receive
textbooks
state
textbook
loan
program
relief
assumption
private
schools
discriminating
thus
foreclosing
individualized
consideration
appropriate
proper
injunctive
relief
granted
without
implying
finding
private
schools
alleged
receiving
textbook
aid
fact
practicing
restrictive
admission
policies
private
schools
fungible
fact
even
may
practice
discrimination
warrant
blanket
condemnation
district
appropriately
direct
appellees
submit
approval
certification
procedure
school
seeking
textbooks
pupils
may
apply
participation
behalf
pupils
certification
school
mississippi
textbook
purchasing
board
among
factors
affirmatively
declare
admission
policies
practices
state
number
racially
religiously
identifiable
minority
students
relevant
data
consistent
opinion
state
certification
eligibility
course
subject
judicial
review
determination
may
cumbersome
state
process
ascertaining
compliance
educational
standards
presumptions
flow
mere
allegations
one
required
consistent
due
process
prove
absence
violation
law
judgment
district
vacated
case
remanded
proceedings
consistent
opinion
ordered
footnotes
brief
appellants
see
norwood
harrison
supp
nd
miss
regulation
distribution
textbooks
provided
follows
distribution
free
textbooks
local
control
placed
hands
county
superintendent
education
requisitions
books
shall
made
shipments
books
shall
invoiced
discretion
may
set
certain
regulations
governing
distribution
books
within
county
regulations
conflict
regulations
adopted
state
textbook
board
provisions
free
textbook
act
regulation
revised
october
read
follows
public
schools
administration
textbook
program
public
schools
shall
responsibility
administrative
heads
county
units
consolidated
districts
municipal
separate
districts
set
legislature
textbook
transactions
public
schools
state
shall
carried
shall
duty
local
custodians
render
reports
required
state
place
orders
textbooks
pupils
schools
private
schools
private
parochial
school
programs
shall
responsibility
state
textbook
board
textbook
transactions
carried
board
administrative
heads
schools
duties
shall
outlined
public
schools
variation
figures
schools
students
accounted
district
omission
particular
kinds
schools
making
findings
earlier
higher
figures
found
briefs
disputed
brown
south
carolina
board
education
supp
sc
aff
per
curiam
poindexter
louisiana
financial
assistance
supp
ed
la
aff
per
curiam
see
wallace
lee
macon
county
board
education
supp
md
mississippi
tuition
grant
programs
invalidated
coffey
state
educational
finance
supp
sd
miss
coffey
state
educational
finance
sd
ca
decided
unreported
latter
case
involved
statute
provided
tuition
loans
rather
tuition
grants
see
green
connally
supp
dc
aff
sub
nom
coit
green
appellees
misperceive
child
benefit
theory
cases
decided
religion
clauses
first
amendment
see
cochran
louisiana
board
education
board
education
allen
cases
observed
direct
financial
benefit
textbook
loans
students
parents
children
schools
sense
parents
children
schools
instances
required
procure
textbooks
state
never
denied
free
books
make
likely
children
choose
attend
sectarian
schools
cases
involving
aid
sectarian
schools
acknowledged
various
forms
state
assistance
surely
aid
religious
institutions
sense
religious
bodies
otherwise
forced
find
sources
finance
services
tilton
richardson
plainly
religion
benefits
indirectly
governmental
aid
parents
children
nevertheless
hat
religion
may
indirectly
benefit
governmental
aid
convert
aid
impermissible
establishment
religion
lemon
kurtzman
opinion
white
leeway
indirect
aid
sectarian
schools
place
defining
permissible
scope
state
aid
private
racially
discriminatory
schools
state
support
segregated
schools
arrangement
management
funds
property
squared
fourteenth
amendment
command
state
shall
deny
person
within
jurisdiction
equal
protection
laws
cooper
aaron
thus
justice
white
author
opinion
allen
supra
dissenter
lemon
kurtzman
supra
noted
view
legislation
providing
assistance
sectarian
school
restricted
entry
racial
religious
grounds
extent
unconstitutional
lemon
supra
see
part
iv
infra
accord
griffin
state
board
education
supp
ed
superseding
griffin
state
board
education
supp
ed
brown
south
carolina
board
education
supra
tunica
county
example
appellants
reside
response
green
connally
supra
alexander
holmes
county
board
education
white
children
withdrawn
public
schools
placed
private
academy
housed
local
church
facilities
staffed
principal
high
school
teachers
county
system
resigned
accept
jobs
new
academy
see
tunica
county
school
district
supp
nd
miss
aff
time
filing
lawsuit
successor
tunica
institute
learning
enrolled
students
white
attest
open
enrollment
policy
similar
histories
holmes
county
canton
municipal
separate
school
district
jackson
municipal
separate
school
district
amite
county
indianola
municipal
separate
school
district
grenada
municipal
separate
school
district
recited
without
challenge
appellees
brief
appellants
see
griffin
breckenridge
jones
alfred
mayer
et
seq
barring
discrimination
public
accommodations
et
seq
barring
discrimination
private
employment
et
seq
barring
discrimination
private
housing
transactions