FLORIDA EX REL. HAWKINS
v.
BOARD OF CONTROL OF FLORIDA ET AL.

U.S. | 1956-03-12
No. 624
350 U.S. 413 Supreme Court of the United States (1956) Caution
Also reported at: 100 L. Ed. 2d 486 · 76 S. Ct. 464 · 1956 U.S. LEXIS 1290 · SCDB 1955-039
Cited by 43 cases

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Synopsis

A Black applicant sought admission to the University of Florida's law school and was denied based on race. The Supreme Court vacated its prior mandate, granted certiorari, and ordered the applicant's prompt admission to the graduate school under the same standards applied to other qualified candidates, clarifying that the Brown v. Board of Education desegregation principles applied to graduate professional schools without requiring delay for implementation.

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Per_curiam
Per Curiam.

Per Curiam.

The petition for certiorari is denied.

On May 24, 1954, we issued a mandate in this case to the Supreme Court of Florida. 347 U. S.

971. We directed that the case be reconsidered in light of our decision in the Segregation Cases decided May 17, 1954, Brown v. Board of Education, 347 U. S.

483. In doing so, we did not imply that decrees involving graduate study present the problems of public elementary and secondary schools. We had theretofore, in three cases, ordered the admission of Negro applicants to graduate schools without discrimination because of color. Sweatt v. Painter, 339 U. S. 629; Sipuel v. Board of Regents of the University of Oklahoma, 332 U. S. 631; cf. McLaurin v. Oklahoma State Regents for Higher Education, 339 U. S.

637.

Thus, our second decision in the Brown case, 349 U. S. 294, which implemented the earlier one, had no application to a case involving a Negro applying for admission to a state law school.

Accordingly, the mandate of May 24, 1954, is recalled and is vacated. In lieu thereof, the following order is entered:

Per Curiam: The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded on the authority of the Segregation Cases decided May 17,1954, Brown v. Board of Education, 347 U. S. 483. As this case involves the admission of a Negro to a graduate professional school, there is no reason for delay. He is entitled to prompt admission under the rules and regulations applicable to other qualified candidates. Sweatt v. Painter, 339 U. S. 629; Sipuel v. Board of Regents of the University of Oklahoma, 332 U. S. 631; cf. McLaurin v. Oklahoma State Regents for Higher Education, 339 U. S. 637.

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Citator

Cited By (13 total)

  • Foster v. State, 614 So. 2d 455 (Fla. 1992)
    …SHAW and KOGAN, JJ., concur. .See, e.g., State ex rel. Hawkins v. Board of Control, 93 So. 2d 354 (Fla.), cert. denied, 355 U.S. 839, 78 S.Ct. 20, 2 L.Ed.2d 49 (1957); State ex rel. Hawkins v. Board of Control, 83 So. 2d 20 (Fla.1955), cert. denied, 350 U.S. 413, 76 S.Ct. 464, 100 L.Ed. 486 (1956). . See also State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) (holding that any doubt as to whether the complaining party has met its initial burden should…
  • Bartholf v. Bartholf, 108 So. 2d 905 (Fla. 1st DCA 1959)
    …59 So. 2d 636. . Supra note 2. See also North Shore Realty Corp. v. Gallaher, Fla.App., 1957, 99 So. 2d 255. . Pennekamp v. State of Florida, 328 U.S. 331, 66 S.Ct. 1029, 90 L.Ed. 1295; State of Fla. ex rel. Hawkins v. Board of Control of Florida, 350 U.S. 413, 76 S.Ct. 464, 100 L.Ed. 486. .F.S. § 87.11, F.S.A.…
  • The State of Fla. ex rel. Virgil D. Hawkins v. Bd. OF Control, 93 So. 2d 354 (Fla. 1957)
    …decision in the Brown case, 347 U.S. 483, 74 S.Ct. 686, did not apply to “State junior colleges, colleges, graduate and professional schools.” The court disposed of this petition by a short but not entirely unambiguous opinion, dated March 12, 1956, 350 U.S. 413, 76 S.Ct. 464, 100 L.Ed. 486, reading as follows: Per Curiam. “The petition for certiorari is denied. “On May 24, 1954, we issued a mandate in this case to the Suprema Court of Florida. 347 U.S. 971, 74 S.Ct. 783, 98 L.Ed. 1112. We directed that…
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