mcneese
board
education
argued
april
decided
june
petitioners
negro
students
illinois
public
school
brought
suit
federal
district
civil
rights
act
vindicate
rights
fourteenth
amendment
alleged
enrollment
school
consisted
negroes
whites
exceptions
negro
students
attended
classes
one
part
school
separate
apart
whites
compelled
use
entrances
exits
separate
whites
prayed
equitable
relief
including
registration
racially
integrated
schools
district
dismissed
complaint
ground
petitioners
exhausted
administrative
remedies
illinois
law
forbids
racial
segregation
public
schools
prescribes
administrative
procedures
enforcement
prohibition
appeals
affirmed
held
judgment
reversed
pp
relief
civil
rights
act
may
defeated
though
relief
first
sought
state
law
provided
remedy
monroe
pape
purposes
override
certain
kinds
state
laws
provide
remedy
state
law
inadequate
provide
federal
remedy
state
remedy
though
adequate
theory
available
practice
provide
remedy
federal
courts
supplementary
remedy
state
might
provide
purposes
defeated
held
assertion
federal
claim
federal
must
await
attempt
vindicate
claim
state
pp
case
right
alleged
plainly
federal
origin
nature
underlying
issue
state
law
controlling
litigation
federal
right
way
entangled
skein
state
law
must
untangled
federal
case
proceed
means
clear
illinois
law
provides
petitioners
administrative
remedy
sufficiently
adequate
preclude
prior
resort
federal
protection
federal
rights
pp
raymond
harth
argued
cause
petitioners
brief
john
rogers
earl
strayhorn
jack
greenberg
constance
baker
motley
james
nabrit
iii
howard
boman
robert
reiter
argued
cause
filed
brief
respondents
alex
elson
filed
brief
american
civil
liberties
union
amicus
curiae
urging
reversal
justice
douglas
delivered
opinion
suit
invokes
jurisdiction
district
civil
rights
act
brought
vindicate
rights
plaintiffs
negro
students
illinois
public
school
system
complaint
alleges
chenot
school
clair
county
built
attendance
area
boundaries
drawn
make
exclusively
negro
school
alleges
due
overcrowded
conditions
adjacent
school
centreville
school
district
fifth
sixth
grade
classes
school
containing
white
students
transferred
chenot
kept
segregated
alleges
enrollment
chenot
consists
negroes
whites
whites
group
transferred
centreville
alleges
negro
students
exception
eight
transferred
centreville
attend
classes
one
part
school
separate
apart
whites
compelled
use
entrances
exits
separate
whites
alleges
chenot
school
segregated
school
conflict
constitution
prays
equitable
relief
including
registration
plaintiffs
racially
integrated
schools
pursuant
plan
approved
district
respondents
moved
dismiss
complaint
ground
inter
alia
plaintiffs
exhausted
administrative
remedies
provided
illinois
law
district
granted
motion
supp
appeals
affirmed
case
petition
writ
certiorari
granted
administrative
remedy
lower
courts
held
plaintiffs
must
first
exhaust
contained
illinois
school
code
rev
stat
code
residents
school
district
whichever
lesser
file
complaint
superintendent
public
instruction
alleging
pupil
segregated
school
account
race
superintendent
notice
school
board
puts
complaint
hearing
within
prescribed
time
hearing
superintendent
notifies
parties
decision
decides
allegations
complaint
substantially
correct
requests
attorney
general
bring
suit
rectify
practice
final
decision
superintendent
may
reviewed
courts
moreover
school
code
school
district
may
file
claim
state
aid
unless
files
superintendent
sworn
statement
school
district
complied
constitutional
statutory
provisions
outlawing
segregation
public
schools
see
ill
art
viii
school
code
respondents
saying
illinois
law
require
superintendent
refuse
certify
claims
state
aid
finds
particular
school
board
practices
segregation
contends
superintendent
power
withhold
certificate
practical
matter
previously
indicated
relief
civil
rights
act
may
defeated
relief
first
sought
state
law
provided
remedy
stated
monroe
pape
answer
state
law
enforced
give
relief
federal
remedy
supplementary
state
remedy
latter
need
first
sought
refused
federal
one
invoked
every
person
color
statute
ordinance
regulation
custom
usage
state
territory
subjects
causes
subjected
citizen
person
within
jurisdiction
thereof
deprivation
rights
privileges
immunities
secured
constitution
laws
shall
liable
party
injured
action
law
suit
equity
proper
proceeding
redress
defeat
purposes
held
assertion
federal
claim
federal
must
await
attempt
vindicate
claim
state
first
congress
created
federal
courts
chief
though
always
exclusive
tribunals
enforcement
federal
rights
heads
jurisdiction
district
start
limited
numerous
beginning
main
concern
security
commercial
intercourse
parochial
prejudice
might
endanger
maritime
commerce
jugular
vein
thirteen
need
body
law
applicable
throughout
nation
recognized
every
shade
opinion
constitutional
convention
recognition
easy
step
entrust
development
law
distinctive
system
courts
administering
doctrines
following
procedure
subject
nationalist
influences
strands
local
law
woven
case
federal
directed
district
refrain
temporarily
exercising
jurisdiction
suit
brought
state
see
railroad
pullman
thompson
magnolia
harrison
naacp
thus
stayed
hands
federal
district
sought
enjoin
enforcement
state
administrative
order
enforcing
state
law
since
federal
question
reviewed
case
came
hierarchy
state
courts
burford
sun
oil
variations
theme
numerous
however
present
case
underlying
issue
state
law
controlling
litigation
right
alleged
plainly
federal
origin
nature
vindicated
brown
board
education
federal
right
way
entangled
skein
state
law
must
untangled
federal
case
proceed
petitioners
assert
respondents
depriving
rights
protected
fourteenth
amendment
immaterial
whether
respondents
conduct
legal
illegal
matter
state
law
monroe
pape
supra
claims
entitled
adjudicated
federal
courts
monroe
pape
supra
gayle
browder
affirming
supp
borders
rippy
lane
wilson
smith
allwright
schnell
davis
affirming
supp
turner
memphis
moreover
means
clear
illinois
law
provides
petitioners
administrative
remedy
sufficiently
adequate
preclude
prior
resort
federal
protection
federal
rights
illinois
school
code
petitioners
file
complaint
alleging
discrimination
obtain
subscription
lesser
residents
school
district
superintendent
required
hold
hearing
matter
determines
allegations
complaint
substantially
correct
shall
request
attorney
general
apply
appropriate
circuit
injunctive
relief
may
necessary
rectify
practice
complained
emphasis
added
respondents
urge
however
prior
resort
superintendent
necessary
revoke
recognition
school
district
guilty
violating
pupils
fourteenth
amendment
rights
recognition
necessary
condition
state
financial
aid
furthermore
state
aid
received
district
unless
submits
sworn
statement
discriminate
students
account
color
creed
race
nationality
respondents
say
superintendent
certify
district
state
aid
determined
sworn
statement
false
apparently
illinois
cases
held
superintendent
authority
withhold
funds
received
affidavit
district
even
determines
affidavit
false
event
withholding
state
aid
best
indirect
sanction
fourteenth
amendment
rights
federal
rights
subject
tenuous
protection
prior
resort
state
proceeding
necessary
see
hillsborough
cromwell
reversed
footnotes
general
arising
jurisdiction
conferred
federal
courts
first
instance
passage
judiciary
act
stat
see
hart
wechsler
federal
courts
federal
system
frankfurter
landis
business
pp
see
note
rev
yet
congress
creates
head
federal
jurisdiction
entails
responsibility
adjudicate
claim
basis
state
law
diversity
citizenship
true
meredith
winter
hold
difficulties
perplexities
state
law
reason
referral
problem
state
pointed
public
policy
interest
served
withholding
petitioners
benefit
jurisdiction
congress
created
purpose
availed
exercised
subject
limitations
traditionally
justify
courts
declining
exercise
jurisdiction
possess
remit
parties
state
courts
delay
disposition
litigation
pending
two
years
ready
decision
penalize
petitioners
resorting
jurisdiction
entitled
invoke
absence
special
circumstances
warrant
refusal
exercise
held
kline
burke
construction
apart
contests
res
pennsylvania
williams
suit
personam
based
diversity
citizenship
continue
federal
even
though
suit
cause
action
started
state
free
proceed
way
time
without
reference
proceedings
whenever
judgment
rendered
one
courts
pleaded
effect
judgment
determined
application
principles
res
adjudicata
action
still
pending
orderly
exercise
jurisdiction
determine
question
fact
law
arising
progress
case
rule
therefore
become
generally
established
action
first
brought
personam
seeks
personal
judgment
another
action
cause
another
jurisdiction
precluded
well
stated
judge
murrah
stapleton
mitchell
supp
appeal
dismissed
pursuant
stipulation
yet
like
believe
wherever
federal
courts
sit
human
rights
federal
constitution
always
proper
subject
adjudication
right
decline
exercise
jurisdiction
simply
rights
asserted
may
adjudicated
forum
justice
harlan
dissenting
burford
sun
oil
said
although
federal
equity
jurisdiction
particular
proceeding
may
sound
discretion
whether
jurisdiction
invoked
ground
diversity
citizenship
otherwise
refuse
enforce
protect
legal
rights
exercise
may
prejudicial
public
interest
citing
dern
public
interest
federal
courts
equity
exercise
discretionary
power
proper
regard
rightful
independence
state
governments
carrying
domestic
policy
citing
pennsylvania
williams
assuming
federal
district
jurisdiction
matter
sound
equitable
discretion
declined
exercise
jurisdiction
apparent
face
complaint
case
quite
atypical
others
come
chenot
school
student
body
includes
white
negro
students
almost
equal
numbers
none
petitioners
others
purport
represent
refused
enrollment
school
alleged
discriminatory
practices
relate
rather
manner
particular
school
district
formed
way
internal
affairs
school
administered
matters
federal
courts
initially
become
embroiled
exploration
correction
need
much
better
left
local
authority
first
instance
nothing
leaves
room
serious
doubt
efficacy
administrative
remedy
illinois
provided
text
statute
set
forth
appendix
opinion
fact
superintendent
public
instruction
possesses
corrective
power
request
attorney
general
enforce
findings
appropriate
proceedings
opinion
leave
administrative
proceeding
sanctionless
compare
alkali
export
assn
lane
wilson
serve
remove
case
exhaustion
requirements
burford
superintendent
refuses
activate
attorney
general
decision
contrary
one
subject
judicial
review
suggested
attorney
general
also
compelled
act
improperly
refused
must
course
assumed
two
responsible
public
officials
fully
perform
sworn
duty
moreover
terms
statute
among
things
provides
use
compulsory
process
strongly
attest
fact
administrative
remedy
intended
serious
business
exercise
might
abort
fulfillment
administrative
remedy
otherwise
regarded
deficient
fact
takes
minimal
number
school
district
residents
initiate
complaint
superintendent
hardly
deemed
untoward
unduly
burdensome
requirement
proceeding
surely
finds
strong
practical
even
though
indirect
sanction
ante
power
superintendent
least
make
difficult
school
guilty
racial
discrimination
obtain
state
financial
aid
either
revoking
recognition
school
district
ante
suggested
us
respondents
attorneys
refusing
certify
school
state
aid
finally
slow
hold
unavailing
administrative
remedy
afforded
state
long
brown
board
education
outlawed
constitution
statutes
racial
discrimination
public
schools
since
brown
passed
implementing
legislation
drawn
question
litigation
appendix
unwilling
assume
solemn
constitutional
legislative
pronouncements
illinois
mean
anything
less
say
rights
assured
fourteenth
amendment
fully
promptly
vindicated
state
petitioners
make
good
grievances
affirm
appendix
opinion
justice
harlan
upon
filing
complaint
superintendent
public
instruction
executed
duplicate
subscribed
names
addresses
least
residents
school
district
whichever
lesser
alleging
pupil
excluded
segregated
school
account
color
race
nationality
religion
religious
affiliation
employee
applicant
employment
assignment
school
district
questioned
concerning
color
race
nationality
religion
religious
affiliation
subjected
discrimination
reason
thereof
behalf
school
board
district
superintendent
public
instruction
shall
promptly
mail
copy
complaint
secretary
clerk
school
board
superintendent
public
instruction
shall
fix
date
less
days
date
filing
complaint
hearing
upon
allegations
therein
may
also
fix
date
hearing
whenever
reason
believe
discrimination
may
exist
school
district
reasonable
notice
time
place
hearing
shall
mailed
secretary
clerk
school
board
first
subscriber
complaint
superintendent
public
instruction
may
designate
assistant
conduct
hearing
receive
testimony
concerning
situation
complained
complainants
may
represented
hearing
one
number
counsel
party
shall
privilege
cross
examining
witnesses
superintendent
public
instruction
hearing
officer
appointed
shall
power
subpoena
witnesses
compel
attendance
require
production
evidence
relating
relevant
matter
act
circuit
superior
state
judge
thereof
either
term
time
vacation
upon
application
superintendent
public
instruction
hearing
officer
appointed
may
discretion
compel
attendance
witnesses
production
books
papers
records
memoranda
giving
testimony
superintendent
public
instruction
hearing
officer
appointed
conducting
investigation
holding
hearing
authorized
act
attachment
contempt
otherwise
manner
production
evidence
may
compelled
said
superintendent
public
instruction
hearing
officer
appointed
may
cause
depositions
witnesses
within
state
taken
manner
prescribed
law
like
depositions
civil
actions
courts
state
end
compel
attendance
witnesses
production
books
papers
records
memoranda
testimony
shall
taken
oath
administered
hearing
officer
formal
rules
pertaining
evidence
judicial
proceedings
shall
apply
superintendent
public
instruction
shall
provide
competent
reporter
take
notes
testimony
either
party
desiring
transcript
hearing
shall
pay
cost
transcript
hearing
officer
shall
report
summary
testimony
superintendent
public
instruction
shall
determine
whether
allegations
complaint
substantially
correct
superintendent
public
instruction
shall
notify
parties
decision
determines
shall
request
attorney
general
apply
appropriate
circuit
injunctive
relief
may
necessary
rectify
practice
complained
provisions
administrative
review
act
approved
may
amendments
modifications
thereof
rules
adopted
pursuant
thereto
shall
apply
govern
proceedings
judicial
review
final
decision
rendered
superintendent
public
instruction
pursuant
section
cases
mannings
board
public
instruction
borders
rippy
school
boards
taken
affirmative
steps
whatever
desegregate
schools
orleans
parish
school
board
bush
gibson
board
public
instruction
arising
school
segregation
statutes
books
wide
mark
circumstances
case
section
school
code
illinois
provides
part
state
aid
claim
may
filed
district
unless
clerk
secretary
school
board
executes
files
superintendent
public
instruction
forms
prescribed
sworn
statement
district
complied
requirements
section
regard
pupils
account
color
creed
race
nationality
early
illinois
people
mayor
alton
construing
art
viii
illinois
constitution
held
complaint
relator
children
excluded
account
color
public
school
said
city
located
near
residence
required
attend
school
located
mile
half
distant
residence
established
exclusively
colored
children
complaint
met
showing
schools
established
colored
children
said
city
equal
surpass
educational
facilities
schools
established
said
city
white
children
law
common
council
said
city
right
establish
different
schools
white
children
colored
children
said
city
exclude
colored
children
schools
established
white
children
even
though
schools
established
colored
children
furnished
educational
facilities
equal
superior
schools
established
white
children
section
school
code
illinois
provided
since
pupil
shall
excluded
segregated
school
account
color
race
nationality
sections
school
code
enacted
provide
school
officer
person
excludes
aids
excluding
public
schools
account
color
child
entitled
benefits
school
shall
fined
less
whoever
threat
menace
intimidation
prevents
colored
child
entitled
attend
public
school
state
attending
school
shall
fined
exceeding