bolling sharpe argued decided may racial segregation public schools district columbia denial negro children due process law guaranteed fifth amendment pp though fifth amendment contain equal protection clause fourteenth amendment applies concepts equal protection due process mutually exclusive discrimination may unjustifiable violative due process segregation public education reasonably related proper governmental objective thus imposes negro children district columbia burden constitutes arbitrary deprivation liberty violation due process clause pp view decision brown board education ante constitution prohibits maintaining racially segregated public schools unthinkable constitution impose lesser duty federal government case restored docket argument specified questions relating form decree milton korman argued cause respondents original argument reargument briefs vernon west chester gray lyman umstead special leave assistant attorney general rankin argued cause reargument amicus curiae urging reversal brief attorney general brownell philip elman leon ulman william lamont magdelena schoch james mcgranery attorney general philip elman filed brief original argument amicus curiae urging reversal briefs amici curiae supporting petitioners filed walter shine sanford bolz samuel groner american council human rights et al john ligtenberg selma borchardt american federation teachers phineas indritz american veterans committee chief justice warren delivered opinion case challenges validity segregation public schools district columbia petitioners minors negro race allege segregation deprives due process law fifth amendment refused admission public school attended white children solely race sought aid district district columbia obtaining admission dismissed complaint granted writ certiorari judgment appeals importance constitutional question presented day held equal protection clause fourteenth amendment prohibits maintaining racially segregated public schools legal problem district columbia somewhat different however fifth amendment applicable district columbia contain equal protection clause fourteenth amendment applies concepts equal protection due process stemming american ideal fairness mutually exclusive equal protection laws explicit safeguard prohibited unfairness due process law therefore imply two always interchangeable phrases recognized discrimination may unjustifiable violative due process classifications based solely upon race must scrutinized particular care since contrary traditions hence constitutionally suspect long ago declared principle constitution present form forbids far civil political rights concerned discrimination general government citizen race buchanan warley held statute limited right property owner convey property person another race unreasonable discrimination denial due process law although assumed define liberty great precision term confined mere freedom bodily restraint liberty law extends full range conduct individual free pursue restricted except proper governmental objective segregation public education reasonably related proper governmental objective thus imposes negro children district columbia burden constitutes arbitrary deprivation liberty violation due process clause view decision constitution prohibits maintaining racially segregated public schools unthinkable constitution impose lesser duty federal government hold racial segregation public schools district columbia denial due process law guaranteed fifth amendment constitution reasons set brown board education case restored docket reargument questions previously propounded ordered footnotes detroit bank currin wallace steward machine davis korematsu hirabayashi gibson mississippi cf steele louisville nashville cf hurd hodge