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Brown v. Board of Education of Topeka (Kansas) was initially filed in Federal District Court in February 1951. Charles Scott, a member of the Topeka NAACP legal team, argued the case before the lower courts, which upheld a Kansas law allowing school segregation in communities with a population over 15,000.

The NAACP expected this outcome, and planned to appeal the case on Constitutional grounds. The organization's legal team petitioned the US Supreme Court for a writ of certiorari, a request that the High Court review the lower courts' decisions. Certiorari was granted on October 8, 1952.

At that time, Brown was combined with four other school segregation cases the NAACP was pursuing in Virginia, Delaware, South Carolina and Washington, DC. The collective cases assumed the name Brown et al., v. Board of Education of Topeka et al. (et al. is a Latin abbreviation meaning "and others".)

In 1952, future Supreme Court Justice Thurgood Marshall, who was then Chief Counsel for the NAACP, assumed responsibility for the case, and was joined by co-counsel Harold P. Boulware and Spottswood W. Robinson, III. John W. Davis, one-time Democratic presidential candidate and an expert on Constitutional Law was lead opposing counsel.

The Supreme Court heard initial oral arguments delivered by Thurgood Marshall (for Brown, et al.) and John W. Davis (for the defense), on December 9, 1952. The Justices didn't render an immediate verdict. Instead, they submitted a list of five questions for which they wanted briefs and opinions from each of the lawyers arguing the case. The questions dealt with the history of the 14th Amendment and their impression of whether desegregation could be reconciled with the legislators' intent in framing that Amendment. The court also asked what remedies should be used in the event the Court declared segregation unconstitutional.

The rehearing convened on December 8, 1953, with Marshall again arguing for the Appellants and Davis arguing for the Appellees.

On May 17, 1954, the Warren Court published a unanimous opinion declaring segregation unconstitutional under the Equal Protect Clause of the 14th Amendment.

In recognition of his role in changing the course of history, Thurgood Marshall was featured on the cover of Time Magazineon September 19, 1955 (a huge honor in that era).

Case Citation:

Brown v. Board of Education, 347 U.S. 483 (1954)

NAACP Legal Counsel for Brown v. Board of Education:

Charles I. Black, Jr.

Harold Boulware

Robert L. Carter

Elwood H. Chisholm

William T. Coleman, Jr.

Charles T. Duncan

Jack Greenberg

George E. C. Hayes

Oliver W. Hill

Thurgood Marshall

Loreen Miller

William R. Ming, Jr.

Constance Baker Motley

James M. Nabrit, Jr.

David E. Pinsky

Louis L. Redding

Frank D. Reeves

Spottswood W. Robinson III

Charles S. Scott

John Scott

Jack B. Weinstein

The Topeka NAACP argued the Brown case. John Scott, Charles Scott, and Charles Bledsoe were the three attorneys, while McKinley Burnett (then President of Topeka NAACP) and Lucinda Todd (NAACP secretary and one of the plaintiffs) helped organize the case.

States' Legal Counsel for Brown v. Board of Education

John W. Davis (South Carolina)

James Lindsey Almond, Jr. (Virginia)

Paul E. Wilson (Kansas)

H. Albert Young (Delaware)

For more information, see Related Questions, below.

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Q: Who were the lawyers that worked on the case Brown v. Board of Education?
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