Cooper v Aaron Brief PDF

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Brief of Cooper v Aaron...

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September 9, 2020 Citation: Cooper v Aaron 358 U.S. I, 78 S.CT. 1401 (1958) Facts: Following Brown v Board of Education (1954), the Supreme Court mandated that all schools immediately desegregate their schools. However, many school districts in Arkansas opposed the Court’s ruling and made no attempts to desegregate. The Arkansas legislature also amended their state Constitution to oppose desegregation. On February 20, 1958, the Little Rock school board then filed a suit in the Arkansas district court to suspend their desegregation plan. The court granted their request but then it was appealed to the US Court of Appeals for the Eighth Circuit by the NAACP. The appellate court decided in favor of the defendants. It was then appealed once more to the US Supreme Court. Legal Provisions:  Section 25 of the Judiciary Act of 1789  Article III of the Constitution (refers to the judicial power and jurisdiction of the Court)  Article VI, Clause 2 of the Constitution (Supremacy Clause)  14th Amendment, specifically the Equal Protection Clause Questions:  Were these state officials bound under Article VI to follow the federal court orders mandating the desegregation of public schools? Answers to questions:  Yes, they took an oath to uphold the Constitution  Yes, must follow Supreme Court ruling (power of judicial review and Supremacy Clause) Court’s Rationale/Opinion: Joint opinion by all justices  Marbury v Madison (1803) makes the Supreme Court the final interpreter of the Constitution.  Brown v Board of Education (1954) sets a precedent that federal laws are the supreme of the land and thus binding on all states, regardless of contradictions. o Rejected Arkansas changes to legislature regarding stopping desegregation  State attempts to nullify federal law is ineffective  Although education is states’ responsibility, that must be carried out in a way that’s consistent with the Constitution, particularly the 14th Amendment...