Bolling v. Sharpe

Bolling v. Sharpe
Argued December 10–11, 1952
Reargued December 8–9, 1953
Decided May 17, 1954
Full case nameSpottswood Thomas Bolling, et al., Petitioners, v. C. Melvin Sharpe, President of the District of Columbia Board of Education, et al.
Citations347 U.S. 497 (more)
74 S. Ct. 693; 98 L. Ed. 884; 1954 U.S. LEXIS 2095; 53 Ohio Op. 331
Case history
PriorCertiorari to the United States Court of Appeals for the District of Columbia Circuit
Holding
Racial segregation in the public schools of the District of Columbia is a denial of the due process of law guaranteed by the Fifth Amendment.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · Stanley F. Reed
Felix Frankfurter · William O. Douglas
Robert H. Jackson · Harold H. Burton
Tom C. Clark · Sherman Minton
Case opinion
MajorityWarren, joined by unanimous
Laws applied
U.S. Const. amend. V

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. However, the Court held that the concepts of equal protection and due process are not mutually exclusive, establishing the reverse incorporation doctrine.