275 U.S. 78, Supreme Court of the United States, GONG LUM at al., Petitioner v. RICE et al., No. 29

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

Having made the determination that the racial classification in this case is unconstitutional, we must now decide upon the proper remedy. That answer is clear and obvious. The proper remedy is for plaintiff to be able to attend a school solely for students of Chinese descent. And, as our separate but equal doctrine demands, that school must have facilities equal to that of the schools for white children and the schools for black children.

If, in the future, students of other races are to attend Mississippi’s public schools, those students must also be provided separate schools designated solely for students of that race. This principle of equal separation applies in all educational contexts, including in higher education, where the threat of race amalgamation is even greater than in elementary and secondary schools.

If the state is unable to provide plaintiff a school solely for Chinese students, then the only feasible remedy is for plaintiff to be able to attend the school of her choice. Judgment of the Supreme Court of Mississippi is reversed.

Original languageAmerican English
Title of host publicationCritical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law
StatePublished - Jan 1 2022

Keywords

  • Mississippi
  • separate but equal
  • schools

Disciplines

  • Constitutional Law
  • Education Law
  • Law
  • Law and Race

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