The Decision
The court, led by newly confirmed Chief Justice Earl Warren decided unanimously in favor of the plaintiffs. In his opinion, he noted that while the 14th Amendment, whose Equal Protection Clause was cited in Brown in order to declare segregation unconstitutional did not apply in the District of Columbia, the Fifth Amendment did apply. Thus setting up the theory of "reverse incorporation." While the 5th Amendment which was applicable in D.C. lacked an equal protection clause, Warren held that
| “ | ...the concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive. | ” |
While equal protection is a more explicit safeguard against discrimination, the Court recognized that
| “ | ...discrimination may be so unjustifiable as to be violative of due process. | ” |
Referring to the technicalities raised by the case's location in the District of Columbia, the Court held that, in light of their decision in Brown that segregation in state public schools is prohibited by the constitution, it would be
| “ | ...unthinkable that the same Constitution would impose a lesser duty on the Federal Government. | ” |
Finally holding that
| “ | ...racial segregation in the public schools of the District of Columbia is a denial of the due process of law guaranteed by the 5th Amendment... | ” |
the Court restored both Bolling and Brown to the docket until they could reconvene to discuss how to effectively implement the decisions.
Read more about this topic: Bolling V. Sharpe
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