Sweatt v. Painter
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''Sweatt v. Painter'', 339 U.S. 629 (1950), was a U.S. Supreme Court case that successfully challenged the "
separate but equal Separate but equal was a legal doctrine in United States constitutional law, according to which racial segregation did not necessarily violate the Fourteenth Amendment to the United States Constitution, which nominally guaranteed "equal protec ...
" doctrine of racial segregation established by the 1896 case '' Plessy v. Ferguson''. The case was influential in the landmark case of '' Brown v. Board of Education'' four years later. The case involved a
black Black is a color which results from the absence or complete absorption of visible light. It is an achromatic color, without hue, like white and grey. It is often used symbolically or figuratively to represent darkness. Black and white ha ...
man,
Heman Marion Sweatt Heman Marion Sweatt (December 11, 1912 – October 3, 1982) was an African-American civil rights activist who confronted Jim Crow laws. He is best known for the '' Sweatt v. Painter'' lawsuit, which challenged the "separate but equal" doctrine and ...
, who was refused admission to the
School of Law A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, l ...
of the
University of Texas The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas. It was founded in 1883 and is the oldest institution in the University of Texas System. With 40,916 undergraduate students, 11,075 ...
, whose president was Theophilus Painter, on the grounds that the Texas State Constitution prohibited integrated education.339 U.S
629
(1950)
The decision was delivered on the same day as another case involving similar issues, ''
McLaurin v. Oklahoma State Regents __NOTOC__ ''McLaurin v. Oklahoma State Regents'', 339 U.S. 637 (1950), was a United States Supreme Court case that prohibited racial segregation in state supported graduate or professional education.. The unanimous decision was delivered on the s ...
''.


Procedural history

The state district court in
Travis County, Texas Travis County is located in south central Texas. As of the 2020 census, the population was 1,290,188. It is the fifth-most populous county in Texas. Its county seat is Austin, the capital of Texas. The county was established in 1840 and is n ...
, instead of granting the plaintiff a writ of ''
mandamus (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain fr ...
'', continued the case for six months. This allowed the state time to create a law school only for black students, which it established in
Houston Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 ...
, rather than in
Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
. The 'separate' law school and the college became the
Thurgood Marshall School of Law The Thurgood Marshall School of Law (TMSL) is an ABA-accredited law school in Houston, Texas, that awards Juris Doctor and Master of Law degrees. It is part of Texas Southern University. Thurgood Marshall School of Law is a member-school of ...
at
Texas Southern University Texas Southern University (Texas Southern or TSU) is a public historically black university in Houston, Texas. The university is one of the largest and most comprehensive historically black college or universities in the USA with nearly 10,00 ...
(known then as "Texas State University for Negroes"). The Dean of the Law School at the time was Charles T. McCormick. He wanted a separate law school for black students.
Texas Attorney General The Texas attorney general is the chief legal officer
of the
at the time was
Price Daniel Marion Price Daniel Sr. (October 10, 1910August 25, 1988), was an American jurist and politician who served as a Democratic U.S. Senator and the 38th governor of Texas. He was appointed by President Lyndon B. Johnson to be a member of the Nati ...
who advocated fiercely for racial segregation. The trial court decision was affirmed by the Court of Civil Appeals and the Texas Supreme Court denied ''
writ of error In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
'' on further appeal. Sweatt and the
NAACP The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&n ...
next went to the federal courts, and the case ultimately reached the U.S. Supreme Court.
Robert L. Carter Robert Lee Carter (March 11, 1917 – January 3, 2012) was an American lawyer, civil rights activist and a United States district judge of the United States District Court for the Southern District of New York. Personal history and early life ...
and
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
presented Sweatt's case.


U.S. Supreme Court

The Supreme Court reversed the lower court decision, saying that the separate school failed to qualify, both because of quantitative differences in facilities and experiential factors, such as its isolation from most of the future lawyers with whom its graduates would interact. The court held that, when considering graduate education, experience must be considered as part of "substantive equality." The documentation of the court's decision includes the following differences identified between white and black facilities: * The University of Texas Law School had 16 full-time and 3 part-time professors, while the black law school had 5 full-time professors. * The University of Texas Law School had 850 students and a
law library A law library is a special library used by law students, lawyers, judges and their law clerks, historians and other scholars of legal history in order to research the law. Law libraries are also used by people who draft or advocate for new la ...
of 65,000 volumes, while the black law school had 23 students and a library of 16,500 volumes. * The University of Texas Law School had
moot court Moot court is a co-curricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase " ...
facilities, an
Order of the Coif The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap, ...
affiliation, and numerous graduates involved in public and private law practice, while the black law school had only one practice court facility and only one graduate admitted to the Texas Bar.


Legacy

On June 14, 2005, the Travis County Commissioners voted to rename the courthouse as The Heman Marion Sweatt Travis County Courthouse in honor of Sweatt's endeavor and victory.


See also

*
List of United States Supreme Court cases, volume 339 This is a list of all the United States Supreme Court cases from volume 339 of the ''United States Reports The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, ...
* ''
Sipuel v. Board of Regents of Univ. of Okla. ''Sipuel v. Board of Regents of the University of Oklahoma'', 332 U.S. 631 (1948), is a ''per curiam'' United States Supreme Court decision involving racial segregation toward African Americans by the University of Oklahoma and the application of ...
'' - * ''
McLaurin v. Oklahoma State Regents __NOTOC__ ''McLaurin v. Oklahoma State Regents'', 339 U.S. 637 (1950), was a United States Supreme Court case that prohibited racial segregation in state supported graduate or professional education.. The unanimous decision was delivered on the s ...
'' -


References


Further reading

*


External links

* *
''Sweatt v. Painter'' archive
{{US14thAmendment, equalprotection United States equal protection case law United States Supreme Court cases United States Supreme Court cases of the Vinson Court United States education case law 1950 in United States case law 1950 in education University of Texas at Austin African-American history between emancipation and the civil rights movement Civil rights movement case law 20th-century American trials Education in Texas Legal history of Texas United States school desegregation case law 1950 in Texas University of Texas School of Law Thurgood Marshall