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Brown v. Board of Education of Topeka -- Opinion -- 387 U.S. 483 Page 7 of 7

below found that the defendants were proceeding "promptly and in good faith to comply with the court's decree." 103 F.Supp. 920, 921. In the Virginia case, the court below noted that the equalization program was already "afoot and progressing" (103 F.Supp. 337, 341); since then, we have been advised, in the Virginia Attorney General's brief on reargument, that the program has now been completed. In the Delaware case, the court below similarly noted that the state's equalization program was well under way. 91 A. 2d 137, 149. (Return to opinion)

10. A similar finding was made in the Delaware case: "I conclude from the testimony that in our Delaware society, State-imposed segregation in
education itself results in the Negro children, as a class, receiving educational opportunities which are substantially inferior to those available to
white children otherwise similarly situated." 87 A. 2d 862, 865. (Return to opinion)

11. K. B. Clark, Effect of Prejudice and Discrimination on Personality Development (Midcentury White House Conference on Children and Youth, 1950); Witmer and Kotinsky, Personality in the Making (1952), c. VI; Deutscher and Chein, The Psychological Effects of Enforced Segregation: A Survey of Social Science Opinion, 26 J. Psychol. 259 (1948); Chein, What are the Psychological Effects of Segregation Under Conditions of Equal Facilities?, 3 Int. J. Opinion and Attitude Res. 229 (1949); Brameld, Educational Costs, in Discrimination and National Welfare (MacIver, ed., 1949), 44-48; Frazier, The Negro in the United States (1949), 674-681. And see generally Myrdal, An American Dilemma
(1944). (Return to opinion)

12 See Bolling v. Sharpe. post, p. 497. concerning the Due Process Clause of the Fifth Amendment. (Return to opinion)

13. "4. Assuming it is decided that segregation in public schools violates the Fourteenth Amendment "(a) would a decree necessarily follow providing that, within the limits set by normal geographic school districting, Negro children should forthwith be admitted to schools of their choice, or "(b) may this Court, in the exercise of its equity powers, permit an effective gradual adjustment to be brought about from existing segregated systems to a system not based on color distinctions? "5. on the assumption on which questions 4 (a) and (b) are based, and assuming further that this Court will exercise its equity powers to the end described in question 4 (b),
"(a) should this Court formulate detailed decrees in these cases;
"(b) if so, what specific issues should the decrees reach;
"(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees;
"(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases, and if so what general directions should the decrees of this Court include and what procedures hsould the courts of first instance follow in arriving at the specific terms of more detailed decrees?" (Return to opinion)

14. See Rule 42, Revised Rules of this Court (effective July 1, 1954). (Return to opinion)
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Created: February 15, 1996.
URL: http://brownvboard.org/research/opinions/347us483.htm

http://brownvboard.org/research/opiniions/347us483.htm 11/06/03

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