Opinion of the Court by the Chief Justice and Justices Black, Frankfurter, Douglas, Burton, Clark, Harlan, Brennan, and Whittaker. Furthermore, states must work to enforce these decisions even if the they do not agree with them. “Cooper v. Aaron and Judicial Authority: Lessons From Little Rock”, http://www.huffingtonpost.com/evan-bernick/cooper-v-aaron-and-judici_b_8233796.html, https://supreme.justia.com/cases/federal/us/358/1/case.html. The Warren Court (1957-1958). Granted, Cooper v.Aaron did not immediately or thoroughly foster public education's desegregation. In Cooper v. Aaron, 358 U.S. 1 (1958), the Supreme Court of the United States rejected interposition explicitly. This then led it to be brought to the Supreme Court. The main reason being that the Supreme Court’s interpretation of the Constitution is in fact the “law of the land”. The respondents appealed to the Court of Appeals for the Eighth Circuit and also sought a stay on the District Court decision. Cooper v. Aaron The events in the Cooper v. Aaron happen right after Brown v. Board of Education. 116 Argued: September 11, 1958 Decided: September 12, 1958. In Arkansas, the Little Rock School Board initially agreed to accept the Supreme Court’s decision and planned to start desegregating schools by the fall of 1957. 1956 and enrolled nine students of excellent academic standing (later dubbed the Little Rock Nine) in Little Rock Central High School. The Supreme court not only argued for judicial supremacy as established in, , they also argued that the act of barring black children from public schools was an infringement on their fourteenth amendment rights and therefore, in direct violation of the U.S. constitution. In Cooper v. decision where segregation of schools was deemed unconstitutional. Cooper v. Aaron, 358 U.S. 1 (1958), was a landmark case in which the Little Rock school board tried to stop school desegregation. COOPER v. AARON AND THE FACES OF FEDERALISM ASHUTOSH BHAGWAT* The story of Cooper v. AaronI and the Little Rock desegregation crisis has many dimensions, one of the most important of which relates to federalism. ur kind of society cannot endure if the controlling authority of the Law as derived from the Constitution is not to be the tribunal specially charged with the duty of ascertaining and declaring what is “the supreme Law of the Land.”” Justice Frankfurter was appalled by the actions of Governor Faubus and believed they went against the “spirit of our Nation” because “the power of the State was used not to sustain law, but as an instrument for thwarting law.”  His justification for their ruling was based less on the 14th amendment and more on the duty- and the sanctity of that duty- of state governments to uphold the law and abide by the rulings of the Supreme Court. In Arkansas, the Little Rock School Board initially agreed to accept the Supreme Court’s decision and planned to start desegregating schools by the fall of 1957. Fn [358 U.S. 1, 1] NOTE: The per curiam opinion announced on September 12, 1958, and printed in a footnote, post, p. 5, applies not only to this case but also to No. As in Cooper v. Aaron (1958), the Court asserted its primacy in matters of constitutional interpretation and struck down a governmental act that challenged that primacy. Barenblatt v. United States: Summary, Facts & Significance; Go to Supreme Court Cases 1955 … The day before the first day of desegregation at Central High School, the governor of Arkansas believed it was necessary to send out the National Guard to the school, in order to prevent any colored students from getting inside. 2d 5 (1958), Available at : https://scholar.google.com/scholar_case?case=8453213781987973736&q=cooper+v+aaron&hl, https://en.wikipedia.org/wiki/Little_Rock_Nine, The Encyclopedia of Arkansas History and Culture, http://www.encyclopediaofarkansas.net/encyclopedia/entry-detail.aspx?entryID=741. This plan called for the slow integration of one high school, Little Rock Central, followed by the opening of a few junior high schools to a small number of black students over the next few years. It also allowed for students to transfer to schools outside of their assigned school zone. 1958, the Little Rock school board filed a lawsuit in the Arkansas district court requesting an immediate end to the desegregation process. Cooper decides to reverse earlier plans and resist the Supreme Court's order to desegregate schools, arguing that public (and political) hostility had made it dangerous to do so Governor Orval Faubus led opposition to desegregation and helped the legislature pass a law making attendance at an integrated school. Opinion announced September 29, 1958. President Eisenhower had already intervened and sent The decision of the Governor Orval Faubus of Arkansas to dispatch units of the Arkansas National Guard to the school grounds in order to block efforts of desegregation. The School Board consulted with the District Courts, and the Court requested that the students go back to the school and continue the initial plan of desegregation. Facts. This case was seen as being a great eye-opener for many states thinking about challenging the plans of desegregation. 2d 5 (1958) Synopsis of Rule of Law. State officials in Arkansas resisted the Supreme Court’s mandate, issued in Brown v. Board of Education and Brown II, … Cooper v. Aaron, 358 U.S.C. Is the Little Rock ISD bound by court orders mandating desegregation? After failing to do so they filed a lawsuit on February 8. Available at: https://books.google.com/books/about/American_Constitutionalism.html?id=NbavMQEACAAJ&hl=en, Little Rock on Trial: Cooper v Aaron and desegregation. Cooper v. Aaron (1958) In Cooper v. Aaron (1958), the Supreme Court ruled that the state of Arkansas could not pass legislation undermining the Court's ruling in Brown v. Top 10 blogs in 2020 for remote teaching and learning; Dec. 11, 2020 1, Misc., August Special Term, 1958, Aaron et al. The governor continued to deny the students access into Central High School for three weeks. Citation358 U.S. 1, 78 S. Ct. 1401, 3 L. Ed. The Justices begin the opinion by stating, “As this case reaches us, it raises questions of the highest importance to the maintenance of our federal system of government. With references to. In an unanimous decision by the Supreme Court, it was found that the efforts made by the school board and the district courts of Arkansas to resist plans to desegregate schools was unconstitutional. No. Dec. 15, 2020. This process was estimated to be completed by 1963, which the plaintiffs did not think was quick enough. Fifty years ago, the United States Supreme Court issued its landmark decision in Cooper v.Aaron.This opinion marked the beginning of the end for resistance to government-enforced public school desegregation, which Brown v.Board of Education had earlier mandated. Even though Cooper v Aaron was a unanimous, landmark case, it was not the last desegregation case seen in court. Popular things during this time period Important news events during this time period 1955: Rosa Parks is arrested after refusing to give up her seat in Montgomery Alabama; American Civil Rights Movement starts 1957: baby boom peaks as 4.3 million Americans are born, the highest September 11, 1958 It was still challenged by many states opposed to integration, and the process of desegregation moved at a slower pace than many had imagined. “COOPER v. AARON,” The Oyez Project at IIT Chicago-Kent College of Law, accessed June 23, 2016, http://today.oyez.org/cases/1950-1959/1958/1958_1, https://en.wikipedia.org/wiki/Cooper_v._Aaron, http://www.lawnix.com/cases/cooper-aaron.html. The Court ruled that their interpretation is in fact the correct interpretation, therefore the states have to abide by it. This then led it to be brought to the Supreme Court. The primary defendant in the case was local school board president William G. Cooper. - Description: U.S. Reports Volume 358; August Special Term, 1958; Cooper et al., Members of the Board of Directors of the Little Rock, Arkansas, Independent School District, et al. Call Number/Physical Location Governor Orval Faubus had deployed the National Guard in order to aid the protestors in their efforts to physically restrict the black students from entering the school. Bernick, Evan. The ruling in Cooper v. Aaron has been declared as a landmark decision and has had a strong impact on American society. 1954 the Supreme Court declared it’s historic, unanimous decision in the, case that had polarized the nation. By ruling of the Supreme Court, it was now deemed unconstitutional to have segregation in public schools as it violated African American’s 14. amendment rights to equal protection. Although the Supreme Court did not offer any advice on how to go about the desegregation process, they did demand that it be done swiftly. The Brown v. How to increase brand awareness through consistency; Dec. 11, 2020. VI, Cl.2; Location: Little Rock, Arkansas. These plans continued to be thwarted because of the actions of the the governor and state officials. The command of the Fourteenth Amendment is that no “State” shall deny to any person within its jurisdiction the equal protection of the laws” (Justia.com, 2016). CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT. The school board’s request was originally granted by the District Court of the Eastern District of Arkansas but later reversed by the United States Court of Appeals for the Eighth Circuit, and ultimately ended up being argued in front of the United States Supreme Court. was a unanimous, landmark case, it was not the last desegregation case seen in court. Even if those states disagree, they have no authority to create legislation that goes against the federal law because they are bound to it. Cooper v. Aaron, 358 U.S. 1 (1958) 78 S.Ct. The legislation passed by the District Court of the Eastern District of Arkansas that struck down the desegregation process put in place after the, Department of Conservation and Development v. Tate (1955), Pennsylvania v. Board of Directors of City Trusts of Philadelphia (1957). In an unanimous decision by the Supreme Court, it was found that the efforts made by the school board and the district courts of Arkansas to resist plans to desegregate schools was unconstitutional. Chief Justice Warren wrote the majority opinion, which was unanimous.This decision held that all states are bound by the rulings made by the Supreme Court as they are the supreme law of the land. In particular, the consensus understanding is that Little Rock was a story of federalism gone spectacularly wrong. Start studying Cooper v. Aaron. Cooper v. Aaron-suggested how much African American agency has been essential to attaining equal constitutional guarantees of individual opportuni-* Tony A. Freyer is University Research Professor of History and Law at the Universi-ty of Alabama. On May 17th 1954 the Supreme Court declared it’s historic, unanimous decision in the Brown v Board of Education case that had polarized the nation. For support he thanks Law School Dean Kenneth C. Randall, University of Cooper v. Aaron (1958) was a case pitting thirty-three African American students from Little Rock, represented by the local branch of the NAACP, against the Little Rock School District which denied them access to local high schools despite federal court orders mandating school desegregation. The School Board and the District Court did not ask for, nor want, these actions from the governor. It necessarily involves a claim by the Governor and Legislature of a State that there is no duty on state officials to obey federal court orders resting on this Court’s considered interpretation of the United States Constitution…We reject these contentions” (Justia.com, 2016). President Dwight Eisenhower responded to this blatant denial of rights by not only deploying units of the 101st Airborne Division, but also by federalizing the Arkansas National Guard. The Supreme Court's Brown decision of 1954, holding that racially segregated public schools were inherently unequal and therefore violated the Fourteenth Amendment's equal protection clause, precipitated the Little Rock School Board's efforts to comply. Pending the filing of the School Board’s petition for certiorari, the respondents, on August 23, 1958, applied to Mr. Justice Whittaker, as Circuit Justice for the Eighth Circuit, to stay the order of the Court of Appeals withholding its own mandate, and also to stay the District Court’s judgment. In particular, the consensus understanding is that Little Rock was a story of federalism gone spectacularly wrong. This decision established the fundamental idea that the Supreme Court has the final say in the interpretation of the of the law of the Constitution. , the court justified their decision by declaring that the judiciary held supreme authority in regards to the interpretation of the Constitution. Is the state and its officials required to follow the Supreme Court’s decisions and their interpretations of the Constitution? States cannot nullify federal law. The judgement was dated June 20, 1958. The main reason being that the Supreme Court’s interpretation of the Constitution is in fact the “law of the land”. After failing to do so they filed a lawsuit on February 8th 1956 and enrolled nine students of excellent academic standing (later dubbed the Little Rock Nine) in Little Rock Central High School. Central High School, Little Rock, Arkansas. Cooper v. Aaron. The District Court granted this request. 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