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cooper v aaron justia


Pending the filing of the School Board's petition for certiorari, the Negro respondents, on August 23, 1958, applied to MR. JUSTICE WHITTAKER, as Circuit Justice for the Eighth Circuit, to stay the order of the Court of Appeals withholding its own mandate, and also to stay the District Court's judgment. 357 U.S. 566 . yield to an authority that is paramount to the State." Specifically, it involves actions by the Governor and Legislature of Arkansas upon the premise that they are not bound by our holding in The case was argued before us on September 11, 1958. Those who apply the rule to particular cases must of necessity expound and interpret that rule. But is it a reasonable hope that the necessary endeavors for such adjustment will be furthered, that racial frictions will be ameliorated, by a reversal of the process and interrupting effective measures toward the necessary goal? Media. Active obstruction or defiance is barred. This Court rejects the contention that it should uphold a suspension of the Little Rock School Board's plan to do away with segregated public schools in Little Rock until state laws and efforts to upset and nullify its holding in the 3. The constitutional provision, therefore, must mean that no agency of the State, or of the officers or agents by whom its powers are exerted, shall deny to any person within its jurisdiction the equal protection of the laws. On September 25, by order of President Eisenhower, the 101After a turbulent fall semester and the departure of one of the Nine, on February 20, 1958, the school board petitioned for the beginning date of integration to be postponed. The court held that the Board of Directors of the Little Rock School District needed to implement the integration plan approved in Cooper v. Aaron and that the defendants (and their successors) were enjoined from engaging in any act that would prevent the … . Due to actions by the Legislature and Governor of the State opposing desegregation, and to threats of mob violence resulting therefrom, respondents were unable to attend the school until troops were sent and maintained there by the Federal Government for their protection; but they attended the school for the remainder of that school year. The petitioners stand in this litigation as the agents of the State, and they cannot assert their good faith as an excuse for delay in implementing the respondents' constitutional rights when vindication of those rights has been rendered difficult or impossible by the actions of other state officials. As this Court said some 41 years ago in a unanimous opinion in a case involving another aspect of racial segregation:"It is urged that this proposed segregation will promote the public peace by preventing race conflicts. License; Site Feedback; Support; News; Projects. . P. 5. Desirable as this is, and important as is the preservation of the public peace, this aim cannot be accomplished by laws or ordinances which deny rights created or protected by the federal Constitution. 1. O On the following day, we unanimously affirmed the judgment of the Court of Appeals for the Eighth Circuit, 257 F.2d 33, which had reversed a judgment of the District Court for the Eastern District of Arkansas, might know, without doubt, its duty in this regard before the opening of school, which had been set for the following Monday, September 15, 1958, we immediately issued the judgment, reserving the expression of our supporting views to a later date. They were then replaced by federalized National Guardsmen who remained throughout the balance of the school year.

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cooper v aaron justia
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cooper v aaron justia