On remand, the judge found that the opportunities were comparable and dismissed Sweatt's case. We cannot, therefore, agree with respondents that the doctrine of Plessy v. Oklahoma State Regents, post, p. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. It has a faculty of five full-time professors; a student body of 23; a library of some 16,500 volumes serviced by a full-time staff; a practice court and legal aid association, and one alumnus who has become a member of the Texas Bar. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Not a single applicant applied for admission.
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. On January 28, 1948, a retired black professor, George McLaurin, applied to the University of Oklahoma to pursue a Doctorate in Education. The Court of Civil Appeals affirmed. The students had access to the Supreme Court library, and several members of the law faculty of the University of Texas School of Law taught the classes. The Legislature had mandated that students at this Law School would have access to the Texas State Law Library.
Painter was a pivotal event in the history of The University of Texas School of Law and in the civil rights movement in the United States. Sweatt developed major health problems due in part to the stress of the lawsuit and died in 1982. Absolute equality in treatment was not deemed necessary. Sweatt met all eligibility requirements for admission except for his race. Before Brown: Heman Marion Sweatt, Thurgood Marshall, and the Long Road to Justice. . Since the University of Texas adopted a narrow interpretation of Sweatt, black undergraduate students were not admitted.
At that time, there was no law school in Texas which admitted Negroes. The manner in which of the races by state action in a variety of contexts became established at law, in the face of the Fourteenth Amendment's prohibiting a state from denying to any person within its jurisdiction the equal protection of the laws, is perhaps best revealed by the case of Plessey v. We granted certiorari, 338 U. He sat at a designated desk on the mezzanine level of Bizzell Library rather than in the regular reading room, at a desk in an anteroom adjoining Classroom 104 in Carnegie Hall, and ate at a separate time from the white students in the cafeteria. Petitioner's application for a writ of error was denied by the Texas Supreme Court. Painter and Heman Sweatt are available in including , and. Painter did not establish the invalidation of race separation per se by force of law, but the criteria used by the court in the application of the separate but equal doctrine gave legal experts cause to believe that the doctrine was virtually dead.
Three professors from the University of Texas School of Law had agreed to teach cl asses for the African-American students. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. The school's alumni occupy the most distinguished positions in the private practice of the law and in the public life of the State. Seventy years ago, Sweatt filed a lawsuit against then-University president Theophilus Painter. Painter did so primarily by contending that there was in the particular situation in question gross inequality of facilities or a complete failure to provide with higher education of the type in issue. United States Supreme Court Reports, June 5, 1950.
If the state did not do so, the judge ruled, the University of Texas Law School would be required to admit Sweatt. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. However, black students could pursue only those degrees that were not available from Prairie View or Texas Southern, since the university opted for a narrow interpretation of Sweatt. It is apparently on the road to full accreditation. This meant that Texas still had no law school for African-Americans.
To access this section, please or. 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. Moreover, although the law is a highly learned profession, we are well aware that it is an intensely practical one. Patricia Lefforge Davis, Sweatt v. Ferguson should be reexamined in the light of contemporary knowledge respecting the purposes of the Fourteenth Amendment and the effects of racial segregation. 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.
Such education is not available to him in a separate law school as offered by the State. Board of Education and Black America's Struggle for Equality New York: Knopf, 1976. Racial separation by force of law was a historic custom in the United States until the decision of Sweatt v. Broader issues have been urged for our consideration, but we adhere to the principle of deciding constitutional questions only in the context of the particular case before the Court. Nor need we reach petitioner's contention that Plessy v.
In accordance with these cases, petitioner may claim his full constitutional right: legal education equivalent to that offered by the State to students of other races. The library contained over 65,000 volumes. However, the state's blacks-only law school offered to admit Sweatt. Board of Education of Topeka 1954 decision was the next step on the long road to integrated educational facilities in Texas. Lead attorney on Sweatt, Judge Robert L. For more information go to: If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner. The Court of Civil Appeals affirmed.
The law school that the state had set up for Negroes on East 13th Street, Marshall asserted, was far from being equal to the University of Texas School of Law. The United States Supreme Court granted Sweatt's petition for certiorari and heard arguments for and against overturning Plessy v. Graduate students, however, were allowed to enroll in undergraduate courses when necessary for their program of work. Graduate students, however, were allowed to enroll in undergraduate courses when necessary for their program. A selection of sources on Sweatt v. The Supreme Court ruled that in states where public graduate and professional schools existed for white students but not for black students, black students must be admitted to the all-white institutions, and that the equal protection clause required Sweatt's admission to the University of Texas School of Law. Sweatt appealed to the Texas Court of Civil Appeals, which held that, before dismissing Sweatt's case, the trial judge had to determine if the university and the blacks-only law school offered comparable educational opportunities.