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Jack Greenberg won the order to desegregate schools at once

In Alexander v. Holmes County Board of Education (1969), Jack Greenberg won a Supreme Court order that segregated school systems must end at once.

Person
Jack Greenberg
Lived
1924–2016
Field
Civil rights law
From
American

The story

Fifteen years after Brown v. Board of Education, most Southern school districts were still segregated. In 1955 the Supreme Court had ordered desegregation with all deliberate speed, a formula Justice Felix Frankfurter had insisted on, and many school boards stressed the word deliberate over speed. Some places closed public schools rather than integrate them. In 1968, in a Legal Defense Fund case, the Court condemned so-called freedom of choice plans, but delays continued.

In the summer of 1969 a federal appeals court asked the Department of Health, Education and Welfare to draw up desegregation plans for 33 Mississippi school districts, including Holmes County, in time for the new school year. At the last minute, the department and the Justice Department asked for more time. It was the first time the federal government had supported a desegregation delay in court, and the appeals court agreed. The NAACP Legal Defense and Educational Fund turned to Justice Hugo Black, who reluctantly let the delay stand but invited the Fund to bring the case to the full Supreme Court as quickly as possible.

Jack Greenberg, the Fund's Director-Counsel, represented Beatrice Alexander and the other parents. He asked the Court to put the original plans into effect and to make desegregation, not delay, the main aim. The justices were divided, but Black pressed for a short, simple order. On 29 October 1969 the Court issued a two-page unsigned opinion declaring that every school district was obliged to end dual school systems at once and to operate only unitary schools from then on. The era of all deliberate speed was over.

Greenberg had been the youngest member of the legal team that won Brown in 1954, gathering evidence from psychologists and sociologists on the harm segregation did to children. With Alexander he helped make Brown's promise enforceable. Under his leadership the Fund also pursued cases on busing as a means of integrating schools, including Swann v. Charlotte-Mecklenburg in 1971, in which the Court upheld busing to desegregate.

The Legal Defense Fund counts the end of all deliberate speed among the great achievements of Greenberg's years as its leader. Alexander forced districts across the South to integrate their schools without further postponement.

Why it matters

The ruling ended the era of delay and forced school districts across the South to integrate without further postponement.

About Jack Greenberg

Youngest lawyer on the Brown v. Board of Education team, Thurgood Marshall’s successor at the NAACP Legal Defense Fund, and advocate in forty Supreme Court cases.

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Jack Greenberg
1924–2016 · Civil rights law
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Sources

Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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