Palmer v. Thompson

Last updated
Palmer v. Thompson
Seal of the United States Supreme Court.svg
Argued December 14, 1970
Decided June 14, 1971
Full case nameHazel Palmer et al. v. Allen C. Thompson, Mayor, City of Jackson, et al.
Citations403 U.S. 217 ( more )
91 S. Ct. 1940; 29 L. Ed. 2d 438; 1971 U.S. LEXIS 27
Case history
Prior391 F.2d 324 (5th Cir. 1967); affirmed on rehearing en banc , 419 F.2d 1222 (5th Cir. 1969); cert. granted, 397 U.S. 1035(1970).
Holding
A city may choose not to operate desegregated facilities if its decision appears neutral.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black  · William O. Douglas
John M. Harlan II  · William J. Brennan Jr.
Potter Stewart  · Byron White
Thurgood Marshall  · Harry Blackmun
Case opinions
MajorityBlack, joined by Burger, Harlan, Stewart, Blackmun
ConcurrenceBurger
ConcurrenceBlackmun
DissentDouglas
DissentWhite, joined by Brennan and Marshall
DissentMarshall, joined by Brennan and White
Laws applied
U.S. const. amend. XIV, U.S. const. amend. XIII

Palmer v. Thompson, 403 U.S. 217 (1971), is a United States Supreme Court civil rights case which concerned the interpretation of the Equal Protection Clause of the Fourteenth Amendment. [1]

Contents

Background

The city of Jackson, Mississippi, closed all of its public swimming pools, as opposed to integrating them. Originally there were five public pools, but the city closed four of them, and surrendered its lease to the fifth pool to the lessor, the YMCA, which continued to operate the pool privately and on a segregated basis. Hazel Palmer, mother of a freedom rider who was arrested at the bus station, and other black citizens filed suit against the city under the Fourteenth Amendment's guarantee of equal protection and under the Thirteenth Amendment, on the grounds that the city's actions created a "badge or incident" of slavery. The lower courts found no constitutional violation.

On appeal to the Supreme Court, the case was argued by Paul A. Rosen and William Kunstler for the petitioners. With them on the briefs were Ernest Goodman and Arthur Kinoy. The case was argued for the respondents by William F. Goodman, Jr. [1]

Holding

The Supreme Court held in its syllabus, "The closing of the pools to all persons did not constitute a denial of equal protection of the laws under the Fourteenth Amendment to the Negroes." The court stated "there was no evidence that the city conspired with the YMCA that its pool be segregated." The court further rejected the equal protection argument that the city's action "was motivated by a desire to avoid integration of the races" because "no case in this Court has held that a legislative act may violate equal protection solely because of the motivations of the men who voted for it." [2]

Legacy

The case was cited by the United States Department of Justice in defending President Donald Trump's travel bans. [3]

Related Research Articles

Fourteenth Amendment to the United States Constitution An amendment addressing citizenship as well as civil and political liberties

The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Arguably one of the most consequential amendments to this day, the amendment addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. Handed down on May 17, 1954, the Court's unanimous (9–0) decision stated that "separate educational facilities are inherently unequal," and therefore violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown II only ordered states to desegregate "with all deliberate speed."

Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark decision of the U.S. Supreme Court that upheld the constitutionality of racial segregation laws for public facilities as long as the segregated facilities were equal in quality – a doctrine that came to be known as "separate but equal". The decision legitimized the many state laws re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction Era (1865–1877).

Bolling v. Sharpe, 347 U.S. 497 (1954), is a landmark United States Supreme Court case in which the Court held that the Constitution prohibits segregated public schools in the District of Columbia. Originally argued on December 10–11, 1952, a year before Brown v. Board of Education, Bolling was reargued on December 8–9, 1953, and was unanimously decided on May 17, 1954, the same day as Brown. The Bolling decision was supplemented in 1955 with the second Brown opinion, which ordered desegregation "with all deliberate speed". In Bolling, the Court did not address school desegregation in the context of the Fourteenth Amendment's Equal Protection Clause, which applies only to the states, but rather held that school segregation was unconstitutional under the Due Process Clause of the Fifth Amendment to the United States Constitution. The Court observed that the Fifth Amendment to the United States Constitution lacked an Equal Protection Clause, as in the Fourteenth Amendment to the United States Constitution. The Court held, however, that the concepts of Equal Protection and Due Process are not mutually exclusive, establishing the reverse incorporation doctrine.

City of Boerne v. Flores, 521 U.S. 507 (1997), was a United States Supreme Court case concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.

McLaurin v. Oklahoma State Regents, 339 U.S. 637 (1950), was a United States Supreme Court case that reversed a lower court decision upholding the efforts of the state-supported University of Oklahoma to adhere to the state law requiring African-Americans to be provided graduate or professional education on a segregated basis.

Equal Protection Clause Guarantee of law protecting all persons equally in the United States

The Equal Protection Clause is a clause from the text of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State [...] deny to any person within its jurisdiction the equal protection of the laws".

Reed v. Reed, 404 U.S. 71 (1971), was an Equal Protection case in the United States in which the Supreme Court ruled that the administrators of estates cannot be named in a way that discriminates between sexes.

United States v. Virginia, 518 U.S. 515 (1996), is a landmark case in which the Supreme Court of the United States struck down the long-standing male-only admission policy of the Virginia Military Institute (VMI) in a 7–1 decision.

Gomillion v. Lightfoot, 364 U.S. 339 (1960), was a United States Supreme Court decision that found an electoral district with boundaries created to disenfranchise blacks violated the Fifteenth Amendment.

Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938), was a United States Supreme Court decision holding that states which provided a school to white students had to provide in-state education to blacks as well. States could satisfy this requirement by allowing blacks and whites to attend the same school or creating a second school for blacks.

Bell v. Maryland, 378 U.S. 226 (1964), provided an opportunity for the Supreme Court of the United States to determine whether racial discrimination in the provision of public accommodations by a privately owned restaurant violated the Equal Protection and Due Process Clauses of the 14th Amendment to the United States Constitution. However, due to a supervening change in the state law, the Court vacated the judgment of the Maryland Court of Appeals and remanded the case to allow that court to determine whether the convictions for criminal trespass of twelve African American students should be dismissed.

Robinson v. Florida, 378 U.S. 153 (1964), was a case in which the Supreme Court of the United States reversed the convictions of several white and African American persons who were refused service at a restaurant based upon a prior Court decision, holding that a Florida regulation requiring a restaurant that employed or served persons of both races to have separate lavatory rooms resulted in the state becoming entangled in racial discriminatory activity in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Barr v. City of Columbia, 378 U.S. 146 (1964), is a United States Supreme Court decision that reversed the breach of peace and criminal trespass convictions of five African Americans who were refused service at a lunch counter of a department store. The Court held that there was insufficient evidence to support the breach of peace convictions, and reversed the criminal trespass convictions for the reasons stated in another case that was decided that same day, Bouie v. City of Columbia, which held that the retroactive application of an expanded construction of a criminal statute was barred by due process of ex post facto laws.

Griffin v. Maryland, 378 U.S. 130 (1964), was a case in which the Supreme Court of the United States reversed the convictions of five African Americans who were arrested during a protest of a privately owned amusement park by a park employee who was also a deputy sheriff. The Court found that the convictions violated the Equal Protection Clause of the Fourteenth Amendment.

Dandridge v. Williams, 397 U.S. 471 (1970), was a United States Supreme Court case based on the Equal Protection Clause of the Fourteenth Amendment. It held that a state can cap welfare based on the Aid to Families with Dependent Children at $250.00 per month regardless of the family's size or need. The plaintiffs were attempting to make the amount variable based on size.

Shelley v. Kraemer, 334 U.S. 1 (1948), is a landmark United States Supreme Court case that struck down racially restrictive housing covenants.

Graham v. Richardson, 403 U.S. 365 (1971), was a United States Supreme Court case in which the Court determined that state restrictions on welfare benefits for legal aliens but not for citizens violated the Equal Protection Clause of the Fourteenth Amendment. The Court invalidated an Arizona law that required citizenship or 15 years of residence to receive welfare benefits. The 9-0 decision was written by Harry A. Blackmun.

Hudson v. Palmer, 468 U.S. 517 (1984), is a United States Supreme Court case in which the Court held that prison inmates have no privacy rights in their cells protected by the Fourth Amendment to the United States Constitution. The Court also held that an intentional deprivation of property by a state employee "does not violate the Fourteenth Amendment if an adequate postdeprivation state remedy exists," extending Parratt v. Taylor to intentional torts.

References

  1. 1 2 Palmer v. Thompson, 403 U.S. 217 (1971). PD-icon.svg This article incorporates public domain material from this U.S government document.
  2. Palmer, 403 U.S. at 224.
  3. Silverstein, Jason. "Justice Department cites pro-segregation Supreme Court ruling to defend Trump's travel bans". New York Daily News. Retrieved December 28, 2017.

Further reading