cooper aaron argued september decided september opinion announced september plan gradual desegregation races public schools little rock arkansas adopted petitioners approved courts respondents negro children ordered admitted previously high school beginning school year due actions legislature governor state opposing desegregation threats mob violence resulting therefrom respondents unable attend school troops sent maintained federal government protection attended school remainder school year finding events resulted tensions bedlam chaos turmoil school disrupted educational process district june granted petitioners request operation plan desegregation suspended two years respondents sent back segregated schools appeals reversed held judgment appeals affirmed orders district enforcing petitioners plan desegregation reinstated effective immediately pp countenance claim governor legislature state duty state officials obey federal orders resting considered interpretation constitution brown board education rejects contention uphold suspension little rock school board plan away segregated public schools little rock state laws efforts upset nullify holding brown case challenged tested courts many locations obedience duty desegregation require immediate general admission negro children otherwise qualified students appropriate classes particular schools analysis relevant factors course excludes hostility racial desegregation district concludes justification exists requiring present nonsegregated admission qualified negro children public schools scrutinize program school authorities make sure developed arrangements pointed toward earliest practicable completion desegregation taken appropriate steps put program effective operation petitioners stand litigation agents state assert good faith excuse delay implementing respondents constitutional rights vindication rights rendered difficult impossible actions state officials pp constitutional rights respondents sacrificed yielded violence disorder followed upon actions governor legislature law order preserved depriving negro children constitutional rights constitutional rights children discriminated school admission grounds race color declared brown case neither nullified openly directly state legislators state executives judicial officers nullified indirectly evasive schemes segregation whether attempted ingeniously ingenuously pp interpretation fourteenth amendment enunciated brown case law land art vi constitution makes binding effect thing constitution laws state contrary notwithstanding state legislator executive judicial officer war constitution without violating solemn oath support state support segregated schools arrangement management funds property squared command fourteenth amendment state shall deny person within jurisdiction equal protection laws richard butler argued cause petitioners brief house special leave john haley pro hac vice thurgood marshall argued cause respondents brief wiley branton william coleman jack greenberg louis pollak solicitor general rankin invitation post argued cause amicus curiae urging relief sought respondents granted brief oscar davis philip elman ralph spritzer opinion chief justice justice black justice frankfurter justice douglas justice burton justice clark justice harlan justice brennan justice whittaker case reaches us raises questions highest importance maintenance federal system government necessarily involves claim governor legislature state duty state officials obey federal orders resting considered interpretation constitution specifically involves actions governor legislature arkansas upon premise bound holding brown board education holding fourteenth amendment forbids use governmental powers bar children racial grounds attending schools state participation arrangement management funds property urged uphold suspension little rock school board plan away segregated public schools little rock state laws efforts upset nullify holding brown board education challenged tested courts reject contentions case argued us september following day unanimously affirmed judgment appeals eighth circuit reversed judgment district eastern district arkansas supp district granted application petitioners little rock school board school superintendent suspend two years operation school board desegregation program order school board might know without doubt duty regard opening school set following monday september immediately issued judgment reserving expression supporting views later date opinion members embodies views following facts circumstances far necessary show legal questions presented may decided enforced racial segregation public schools state denial equal protection laws enjoined fourteenth amendment brown board education postponed pending argument formulation decree effectuate decision decree rendered may brown board education formulation decree recognized good faith compliance principles declared brown might situations call elimination variety obstacles making transition school systems operated accordance constitutional principles set forth may decision went state courts equity may properly take account public interest elimination obstacles systematic effective manner go without saying vitality constitutional principles allowed yield simply disagreement giving weight public private considerations courts require defendants make prompt reasonable start toward full compliance may ruling start made courts may find additional time necessary carry ruling effective manner burden rests upon defendants establish time necessary public interest consistent good faith compliance earliest practicable date end courts may consider problems related administration arising physical condition school plant school transportation system personnel revision school districts attendance areas compact units achieve system determining admission public schools nonracial basis revision local laws regulations may necessary solving foregoing problems may three days first brown opinion little rock district school board adopted may made public statement policy entitled decision segregation public schools statement board recognized responsibility comply federal constitutional requirements intend outlines method followed upon challenge group negro plaintiffs desiring rapid completion desegregation process district upheld school board plan aaron cooper supp appeals affirmed review judgment sought school board thus going forward preparation desegregating little rock school system state authorities contrast actively pursuing program designed perpetuate arkansas system racial segregation held violated fourteenth amendment first came november amendment state constitution flatly commanding arkansas general assembly oppose every constitutional manner desegregation decisions may may ark amend initiative pupil assignment law ark stat pursuant state constitutional command law relieving school children compulsory attendance racially mixed schools ark stat law establishing state sovereignty commission ark stat enacted general assembly february school board superintendent schools nevertheless continued preparations carry first stage desegregation program nine negro children scheduled admission september central high school two thousand students various administrative measures designed assure smooth transition first stage desegregation undertaken september day negro students enter central high school authorities met drastic opposing action part governor arkansas dispatched units arkansas national guard central high school grounds placed school limits colored students found district subsequent proceedings governor action requested school authorities entirely unheralded findings time september crowds gathered central high school acts violence threats violence connection carrying plan occurred nevertheless abundance caution school authorities frequently conferred mayor chief police little rock taking appropriate steps little rock police prevent possible disturbances acts violence connection attendance colored students central high school mayor considered little rock police force adequately cope incidents might arise opening school mayor chief police school authorities made request governor representative state assistance maintaining peace order central high school neither governor official state government consulted little rock authorities whether little rock police prepared cope incidents might arise school need state assistance maintaining peace order stationing arkansas national guard central high school aaron cooper supp morning next day september negro children attempted enter high school district later found units arkansas national guard acting pursuant governor order stood shoulder shoulder school grounds thereby forcibly prevented negro students entering continued every school day following three weeks day september attorney eastern district arkansas requested district begin immediate investigation order fix responsibility interference orderly implementation district direction carry desegregation program three days later september district denied petition school board superintendent schools order temporarily suspending continuance program upon completion attorney investigation attorney general district request entered proceedings filed petition behalf amicus curiae enjoin governor arkansas officers arkansas national guard attempts prevent obedience order hearings petition district found school board plan obstructed governor use national guard troops granted preliminary injunction september enjoining governor officers guard preventing attendance negro children central high school otherwise obstructing interfering orders connection plan supp affirmed faubus national guard withdrawn school next school day monday september negro children entered high school morning protection little rock police department members arkansas state police officers caused children removed school morning difficulty controlling large demonstrating crowd gathered high school september however president dispatched federal troops central high school admission negro students school thereby effected regular army troops continued high school november replaced federalized national guardsmen remained throughout balance school year eight negro students remained attendance school throughout school year come aspect proceedings presently us february school board superintendent schools filed petition district seeking postponement program desegregation position essence extreme public hostility stated engendered largely official attitudes actions governor legislature maintenance sound educational program central high school negro students attendance impossible board therefore proposed negro students already admitted school withdrawn sent segregated schools steps carry board desegregation program postponed period later suggested board two years hearing district granted relief requested board among things found past year central high school attended conditions chaos bedlam turmoil repeated incidents less serious violence directed negro students property tension unrest among school administrators teachers pupils latters parents inevitably adverse effect upon educational program school official threatened violence serious financial burden cast school district education students suffered existing conditions continue suffer board continue need military assistance equivalent local police department able detail enough men afford necessary protection situation intolerable district judgment dated june negro respondents appealed appeals eighth circuit also sought stay district judgment time filed petition certiorari asking us review district judgment without awaiting disposition appeal appeals petition stay declined appeals act petition stay august convening special session august hearing appeal reversed district august appeals stayed mandate permit school board petition certiorari pending filing school board petition certiorari negro respondents august applied justice whittaker circuit justice eighth circuit stay order appeals withholding mandate also stay district judgment view nature motions referred entire recognizing vital importance decision issues time permit arrangements made school year see aaron cooper convened special term august heard oral argument respondents motions also argument solicitor general invitation appeared amicus curiae asserted appeals judgment clearly correct merits urged vacate stay forthwith finding respondents application necessarily involved consideration merits litigation entered order deferred decision upon motions pending disposition school board petition certiorari fixed september day petition might filed september oral argument upon petition petition certiorari duly filed granted open september post arguments solicitor general urging correctness judgment appeals september already mentioned unanimously affirmed judgment appeals per curiam opinion set forth margin outset opinion ante affirming judgment appeals reversed district accepted without reservation position school board superintendent schools counsel displayed entire good faith conduct proceedings dealing unfortunate distressing sequence events outlined likewise accepted findings district conditions central high school school year also findings educational progress students white colored school suffered continue suffer conditions prevailed last year permitted continue significance findings however considered light fact indisputably revealed record us conditions depict directly traceable actions legislators executive officials state arkansas taken official capacities reflect determination resist decision brown case brought violent resistance decision arkansas petition certiorari filed school board describes situation language legislative executive judicial departments state government opposed desegregation little rock schools enacting laws calling troops making statements villifying federal law federal courts failing utilize state law enforcement agencies judicial processes maintain public peace one may well sympathize position board face frustrating conditions confronted regardless board good faith actions state agencies responsible conditions compel us reject board legal position central high school direct management state hardly suggested immediately charge school heard assert good faith legal excuse delay implementing constitutional rights respondents vindication rights rendered difficult impossible actions state officials situation different posture members school board superintendent schools local officials point view fourteenth amendment stand litigation agents state constitutional rights respondents sacrificed yielded violence disorder followed upon actions governor legislature said years ago unanimous opinion case involving another aspect racial segregation urged proposed segregation promote public peace preventing race conflicts desirable important preservation public peace aim accomplished laws ordinances deny rights created protected federal constitution buchanan warley thus law order preserved depriving negro children constitutional rights record us clearly establishes growth board difficulties magnitude beyond unaided power control product state action difficulties counsel board forthrightly conceded oral argument also brought control state action controlling legal principles plain command fourteenth amendment state shall deny person within jurisdiction equal protection laws state acts legislative executive judicial authorities act way constitutional provision therefore must mean agency state officers agents powers exerted shall deny person within jurisdiction equal protection laws whoever virtue public position state government denies takes away equal protection laws violates constitutional inhibition acts name state clothed state power act state must constitutional prohibition meaning ex parte virginia thus prohibitions fourteenth amendment extend action state denying equal protection laws whatever agency state taking action see virginia rives pennsylvania board directors city trusts philadelphia shelley kraemer whatever guise taken see derrington plummer department conservation development tate short constitutional rights children discriminated school admission grounds race color declared brown case neither nullified openly directly state legislators state executive judicial officers nullified indirectly evasive schemes segregation whether attempted ingeniously ingenuously smith texas said light facts developed enough dispose case however answer premise actions governor legislature bound holding brown case necessary recall basic constitutional propositions settled doctrine article vi constitution makes constitution law land chief justice marshall speaking unanimous referring constitution fundamental paramount law nation declared notable case marbury madison cranch emphatically province duty judicial department say law decision declared basic principle federal judiciary exposition law constitution principle ever since respected country permanent indispensable feature constitutional system follows interpretation fourteenth amendment enunciated brown case law land art vi constitution makes binding effect thing constitution laws state contrary notwithstanding every state legislator executive judicial officer solemnly committed oath taken pursuant art vi cl support constitution chief justice taney speaking unanimous said requirement reflected framers anxiety preserve constitution full force powers guard resistance evasion authority part state ableman booth state legislator executive judicial officer war constitution without violating undertaking support chief justice marshall spoke unanimous saying legislatures several may annul judgments courts destroy rights acquired judgments constitution becomes solemn mockery peters cranch governor asserts power nullify federal order similarly restrained power said chief justice hughes also unanimous manifest fiat state governor constitution law land restrictions federal constitution upon exercise state power impotent phrases sterling constantin course quite true responsibility public education primarily concern equally true responsibilities like state activity must exercised consistently federal constitutional requirements apply state action constitution created government dedicated equal justice law fourteenth amendment embodied emphasized ideal state support segregated schools arrangement management funds property squared amendment command state shall deny person within jurisdiction equal protection laws right student segregated racial grounds schools maintained indeed fundamental pervasive embraced concept due process law bolling sharpe basic decision brown unanimously reached case briefed twice argued issues given serious consideration since first brown opinion three new justices come one justices still participated basic decision correctness decision unanimously reaffirmed principles announced decision obedience according command constitution indispensable protection freedoms guaranteed fundamental charter us constitutional ideal equal justice law thus made living truth following per curiam opinion per curiam fully deliberated upon oral arguments august supplemented arguments presented september briefs file unanimously opinion judgment appeals eighth circuit august must affirmed view imminent commencement new school year central high school little rock arkansas deem important make prompt announcement judgment affirming appeals expression views supporting judgment prepared announced due course accordingly ordered judgment appeals eighth circuit dated august reversing judgment district eastern district arkansas dated june supp affirmed judgments district eastern district arkansas dated august see supp september enforcing school board plan desegregation compliance decision brown board education reinstated follows order appeals dated august staying mandate effect judgment shall effective immediately shall communicated forthwith district eastern district arkansas unreservedly participating brethren joint opinion deem appropriate also deal individually great issue stake working together sharing common effort men different minds tempers even reach agreement acquire understanding thereby tolerance differences process way little rock detailed plan formulated little rock school board light local circumstances approved district arkansas satisfying requirements decree brown board education little rock school board embarked educational effort obtain public acceptance plan thus process community accommodation new demands law upon development habits acceptance right colored children equal protection laws guaranteed constitution peacefully promisingly begun condition little rock process forcibly impeded control government arkansas thus described district findings fact controverted time crowds gathered central high school acts violence threats violence connection carrying plan occurred nevertheless abundance caution school authorities frequently conferred mayor chief police little rock taking appropriate steps little rock police prevent possible disturbances acts violence connection attendance colored students central high school mayor considered little rock police force adequately cope incidents might arise opening school mayor chief police school authorities made request governor representative state assistance maintaining peace order central high school neither governor official state government consulted little rock authorities whether little rock police prepared cope incidents might arise school need state assistance maintaining peace order stationing arkansas national guard central high school supp use force obedience law event last resort one congenial spirit nation tragic aspect disruptive tactic power state used sustain law instrument thwarting law state arkansas thus responsible disabling one subordinate agencies little rock school board peacefully carrying board state constitutional duty accordingly arkansas formal party proceedings decree go state legally morally asked hold illegal forcible interference state arkansas continuance constitution commands consequences disorder entrained recognized justification undoing school board formulated district directed carried process obedience explanation may offered support request obscure inescapable meaning law bow force yield claim enthrone official lawlessness lawlessness checked precursor anarchy tragic occasions history nation north south law forcibly resisted systematically evaded signalled breakdown constitutional processes government ultimately rest liberties violent resistance law made legal reason suspension without loosening fabric society mean acknowledge disorder aegis state moral superiority law constitution authority thus defy law land profoundly subversive constitutional system presuppositions democratic society state must yield authority paramount state language command state justice holmes speaking comprised justice van devanter justice mcreynolds justice brandeis justice sutherland justice butler justice stone wisconsin illinois defiance law judicially pronounced last sought justified views expressed especially relevant historic phrase government laws men epitomizes distinguishing character political society john adams put phrase massachusetts declaration rights indulging rhetorical flourish expressing aim framed declaration independence founded republic government laws men rejection positive terms rule fiat whether fiat governmental private power every act government may challenged appeal law finally pronounced even last say time composed fallible men may err revision errors must orderly process law may asked reconsider decisions done successfully throughout history deemed duty decide may changed legislation often occasion constitutional amendment experience deep reading history founders knew law alone saves society rent internecine strife ruled mere brute power however disguised civilization involves subjection force reason agency subjection law pound future law yale conception government laws dominated thoughts founded nation designed constitution although knew well belittlers conception laws made interpreted enforced men end set apart body men depositories law disciplined training character withdrawal usual temptations private interest may reasonably expected free impartial independent lot humanity admit strongly framers constitution bent securing reign law endowed judicial office extraordinary safeguards prestige one matter exalted public office righteous private motive judge case courts mine workers concurring opinion process ending unconstitutional exclusion pupils common school system common meaning shared alike solely color doubt easy overnight task drastic alteration ways communities involved deep emotions doubt stirred calmed letting violence loose violence defiance employed encouraged upon duty law observance strongest claim submitting whatever guise employed constructive use time achieve advanced civilization demands constitution confirms carrying decision color alone bar child public school recognized diversity circumstances local school situations reasonable hope necessary endeavors adjustment furthered racial frictions ameliorated reversal process interrupting effective measures toward necessary goal progress made respecting constitutional rights negro children according graduated plan sanctioned two lower courts retraced perhaps even greater difficulty deference forcible resistance retraced seemingly vindicated feeling actively sought block progress strongest reason concluding accede board request basis circumstances gave rise suspension board plan beginning series delays calculated nullify adamant decisions brown case constitution precludes compulsory segregation based color schools responsibility exercise power democratic government reflect inflamed public feeling help form understanding especially true confronted problem like racially discriminating public school system lesson drawn heartening experience ending enforced racial segregation public schools cities negro populations large proportions compliance decisions constitutional organ law land often throughout history depended active support state local authorities presupposes support withhold indeed use political power try paralyze law precludes maintenance federal system known cherished one hundred seventy years lincoln appeal better angels nature failed avert fratricidal war compassionate wisdom lincoln first second inaugurals bequeathed union cemented blood moral heritage drawn upon times stress strife sure find specific ways means surmount difficulties may appear insurmountable note opinion filed october august misc aaron et al cooper et members board directors little rock arkansas independent school district et al application vacation order appeals eighth circuit staying issuance mandate stay order district eastern district arkansas orders petitioners may entitled argued august considered oral arguments agreement view expressed counsel respective parties solicitor general petitioners present application respecting stay mandate appeals order district june necessarily involves consideration merits appeals decision reversing order judge lemley advised opening date high school september light representations made counsel school board board plan filing petition certiorari makes following order school board petition certiorari may filed later september briefs parties merits may filed later september solicitor general invited file brief september present oral argument advised rules requiring printing petition briefs record dispensed oral argument upon petition certiorari set september twelve noon action petitioners application addressed stay mandate appeals stay order district june deferred pending disposition petition certiorari duly filed accordance foregoing schedule thurgood marshall argued cause petitioners brief wiley branton jack greenberg william coleman richard butler argued cause respondents brief house solicitor general rankin invitation argued cause amicus curiae urging relief sought petitioners granted brief oscar davis philip elman ralph spritzer september october term american theatres appeal district southern district new york dismissed per stipulation pursuant rule rules albert bickford appellant oscar davis acting solicitor general reported supp september misc aaron et al cooper et members board directors little rock arkansas independent school district et al application vacation order appeals eighth circuit staying issuance mandate stay order district eastern district arkansas orders petitioners may entitled motion leave file brief fulbright amicus curiae denied motion leave file brief john bradley minnick amicus curiae denied motion leave file brief william burrow amicus curiae denied certiorari granted cooper et members board directors little rock arkansas independent school district et al aaron et al petition writ certiorari appeals eighth circuit motion leave file brief arlington county chapter defenders state sovereignty individual liberties amicus curiae denied motion leave file brief james burke amicus curiae denied motion leave file suit declaratory judgment little rock relief denied petition writ certiorari appeals eighth circuit granted richard butler house special leave john haley pro hac vice petitioners thurgood marshall wiley branton william coleman jack greenberg louis pollak respondents solicitor general rankin appearing invitation adhered brief filed august special term urging relief sought respondents granted brief oscar davis philip elman ralph spritzer reported september october term bloch commissioner internal revenue petition writ certiorari appeals ninth circuit dismissed per stipulation pursuant rule rules petitioner pro se solicitor general rankin respondent reported september october term allen spooner sons et al port new york authority petition writ certiorari appeals second circuit dismissed per stipulation pursuant rule rules martin mchugh stipulation petitioners petition thomas daly john aherne stipulation respondent reported