BROWN ET AL.
v.
BOARD OF EDUCATION OF TOPEKA ET AL.
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The Court did not issue a holding but requested the State to present its views on the constitutionality of the segregation statute.
Appellants challenged a Kansas statute authorizing school segregation as unconstitutional. The District Court upheld the statute, but the State did no…
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Per Curiam.
This action was instituted by the appellants attacking a Kansas statute which authorized segregation in the schools of that State. It was urged that the State of Kansas was without power to enact such legislation, claimed by appellants to be in contravention of the Fourteenth Amendment.
In the District Court, the State, by its Governor and Attorney General, intervened and defended the constitutionality of the statute. The court upheld its validity.
In this Court, the appellants continue their constitutional attack. No appearance has been entered here by the State of Kansas, the Board of Education of Topeka, and the other appellees; nor have they presented any brief in support of the statute’s validity. The Court has been advised by counsel for the Board of Education that it does not propose to appear in oral argument or present a brief.
Because of the national importance of the issue presented and because of its importance to the State of Kansas, we request that the State present its views at oral argument. If the State does not desire to appear, we request the Attorney General to advise whether the State’s default shall be construed as a concession of invalidity.
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Nieves v. Oswald, 498 F.2d 802 (2d Cir. 1974)…k the public records of the Wyoming County Supreme Court or to communicate with both the parties and to ask them to supply such information. This could be achieved either through written communications or reargument. Cf. Brown v. Board of Education, 344 U.S. 141, 73 S.Ct. 124, 97 L.Ed. 152 (1952). In either case, this self-same panel could then actually decide the case presented to it. By rejecting these possibilities, the majority demonstrates not its “notions of sound federalism” but its desire to avoid d…