Heightened Scrutiny   /     Episode 8: Palmer v. Thompson

Description

In 1954, the Supreme Court struck down the Jim Crow doctrine of "separate but equal" in public education. A year later, the Court ruled that all public facilities operated by state and local municipalities must be desegregated as well.In a subsequent lower court case called Clark v. Thompson, the city of Jackson, Mississippi was ordered to desegregate its parks, its zoo, its golf courses, and its five swimming pools. The city complied with one exception; instead of opening its pools to people of all races, it closed them all down entirely.A group of local African Americans sued, arguing that the decision to close all the pools - which city leaders admitted was done in response to the integration order - was based on racial animus and in violation the Thirteenth and Fourteenth Amendments. The Supreme Court, in a very close 5-4 vote, disagreed. The social ramifications, if not the legal ones, would be dire.Questions:  Did the closing of public pools to all persons constitute a denial of equal protection of the laws to Negroes under the Fourteenth Amendment? Did the city council's action in closing the pools, instead of keeping them open on an integrated basis, create a "badge or incident" of slavery in violation of the Thirteenth Amendment?Answers: No and no.Majority:Hugo Black (majority opinion)Warren Burger (w/ concurrence)John Marshall HarlanPotter StewartHarry Blackmun (w/ concurrence)Dissent:William Douglas (w/ opinion)Byron White (w/ opinion)William BrennanThurgood Marshall (w/ opinion)

Summary

In the early 1960s, Jackson, Mississippi was ordered by a federal court to desegregate its swimming pools. It closed them all down instead. The Supreme Court ruled that closing all the public pools, even if for a racist reason, was not a violation of the Constitution. The social impact would be felt for generations.

Subtitle
In 1971, the Supreme Court ruled that a city could lawfully close all of its public services rather than racially desegrate them, even if motivated by racism..
Duration
00:39:13
Publishing date
2017-05-19 14:12
Link
https://scrutinypod.com/episodes/2017/5/19/episode-8-palmer-v-thompson
Contributors
  Heightened Scrutiny Podcast
author  
Enclosures
http://static1.squarespace.com/static/58b9ec1d17bffc359051d4e3/t/591efc42db29d653762b423a/1495202954292/HSEpisode8PalmervThompson.mp3
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