Opinion of the Court University of Texas Law School Through this case . It recognized the right of the state of Texas to determine its own education facilities.
Legal Issue
This is the issue the court faced in Sweatt v. Painter (1950). The judgment is reversed and the cause is remanded for proceedings not inconsistent with this opinion. 'Equal protection of the laws is not achieved through indiscriminate imposition of inequalities.' Case Summary Five years after the embarrassment of Sweatt v. Painter, Texas became the first Southern state to formally desegregate its system of higher education, doing so largely without violence and as a policy decision, rather than by injunction. [Argument of Counsel from page 630 intentionally omitted]. At that time, there was no law school in Texas which admitted Negroes. . If you have any questions, fell free to ask! 1948, 210 S.W.2d 442. Gaines v. Canada, 1938, 305 U.S. 337, 351, 59 S.Ct. The court did not grant the relief requested, however, but continued the case for six months to allow the State to supply substantially equal facilities. Such qualities, to name but a few, include reputation of the faculty, experience of the administration, position and influence of the alumni, standing in the community, traditions and prestige. Such education is not available to him in a separate law school as offered by the State. No. SWEATT v. PAINTER(1950) No.
94 L.Ed. The school lacked accreditation. Some leaders of immigration restriction oppose offering in-state tuition to undocumented students, as well as the Development, Relief, and Education for Alien Minors Act (DREAM Act), which would offer lawful status to young people who have been in the United States for a long time and further their education. SOURCE: For a full treatment of Sweatt v. Painter see Gary M. Lavergne.
. Decided June 5, 1950. The decisions were expansive and predictive, evaluating the interests of the parties to some degree based on what the Court thought was going to happen in the future. But when dealing with certain kinds of offenses in certain circumstances, justice may be achieved without criminal prosecution. If the state did not do so, the judge ruled, the University of Texas Law School would be required to admit Sweatt. Few students and no one who has practiced law would choose to study in an academic vacuum, removed from the interplay of ideas and the exchange of views with which the law is concerned. Does the equal protection of the law clause of the Fourteenth Amendment to the U.S. Constitution allow a state to provide separate law schools for students of different races if those law schools are “substantially equal”? Facts of the Case. Herman Marion Sweatt The law school to which Texas is willing to admit petitioner excludes from its student body members of the racial groups which number 85% of the population of the State and include most of the lawyers, witnesses, jurors, judges and other officials with whom petitioner will inevitably be dealing when he becomes a member of the Texas Bar. What impact did the case of Sweatt v. Painter (Sweatt pictured on the right, below) have on civil rights? 256, requires affirmance of the judgment below. 'Students of the interim School of Law of the Texas State University for Negroes (located in Austin, whereas the permanent School was to be located at Houston) shall have use of the State Law Library in the Capitol Building * * *.' Remarkably, Texas itself, or its political leaders, partially or completely reversed each of these policies. The teaching was to be carried on by four members of the University of Texas Law School faculty, who were to maintain their offices at the University of Texas while teaching at both institutions. Finding that the new school offered petitioner 'privileges, advantages, and opportunities for the study of law substantially equivalent to those offered by the State to white students at the University of Texas,' the trial court denied mandamus. In terms of number of the faculty, variety of courses and opportunity for specialization, size of the student body, scope of the library, availability of law review and similar activities, the University of Texas Law School is superior. 1161, 3 A.L.R.2d 441. Of course, for certain violent offenses, prosecution is always appropriate. Before Brown: Heman Marion Sweatt, Thurgood Marshall, and the Long Road to Justice. Call number: KFT 1712 T49 1998 v.2 Greenhill helped prepare and argue the State of Texas' response to Sweatt v. Painter as Assistant Attorney General. It supported the idea that segregation was unequal. The school lacked accreditation.” The District Court denied Sweatt’s petition for an order directing his admission to the University’s Law School and gave the state six months to provide a law school for African-American students. The University of Texas Law School, from which petitioner was excluded, was staffed by a faculty of sixteen full-time and three part-time professors, some of whom are nationally recognized authorities in their field. Race, Racism and the Law Vernellia R. Randall licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. The Texas Supreme Court then denied Sweatt’s application for a writ of error, and the case was now appealed to the U.S. Supreme Court. The school's alumni occupy the most distinguished positions in the private practice of the law and in the public life of the State. Herman Marion Sweatt applied to the University of Texas Law Messrs. Price Daniel, Liberty, Tex., Joe R. Greenhill, Houston, Tex., for respondents. In accordance with Title 17 U.S.C. (1972), Malcolm X’s Legendary Speech: “The Ballot or the Bullet”, Detailed Plan For Blacks To Gain Social Justice, Where Do Human Beings Come From? The Oyez Project at IIT Chicago-Kent College of Law, Cornell University Law School Legal Information Institute, University of Texas Alumni Association — Why Herman Sweatt Still Matters, Christopher Columbus and the African Holocaust: Lecture by Dr.John Henrik Clarke, 16 Year Old Girl Held Down and Raped by Classmates, White Supremacist and Extremists finding fertile ground in Northwest US, Fort Worth, Texas police officer caught on video assaulting mother and child, California Changed Gun Laws In 1967 To Prevent Blacks From Being Armed, Edward William Brooke III : First African American Popularly Elected To The United States Senate, White Gun Protestors Allowed to Enter Kentucky Capitol Armed, Mae Jemison: First Black Female To Travel To Space. Accordingly, United States citizens as well as undocumented students share a right to be free from unreasonable discrimination. Marshall argued that the “separate but equal” argument was a fiction. 604. Given the history, it may well be part of the motivation for the Texas Legislature's exclusion of undocumented non-citizens from school is related to the fact that most of the people to be affected were of Mexican racial ancestry. University of Texas Press, 2010.
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