Cooper v. Aaron Case Brief Summary | Law Case Explained

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  • čas přidán 12. 10. 2020
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    Cooper v. Aaron | 358 U.S. 1 (1958)
    In Cooper versus Aaron, the Supreme Court won a major battle in the South after an Arkansas Governor tried to challenge the Court’s authority over the state.
    In the seminal case of Brown versus Board of Education, the United States Supreme Court held that racial segregation in public schools is unconstitutional and ordered the gradual desegregation of state education systems. Arkansas’ desegregation plan began with the high school level and slowly moved through the lower grades, until complete desegregation was reached after six years. This plan, however, faced open resistance from the Governor and Legislature of Arkansas.
    The day before nine African-American students were to enter a segregated high school in Little Rock, the Governor dispatched units of the state's National Guard to the school to block the students from entering. In response, the school board sued the Governor. The district court ultimately issued an injunction against the Governor from interfering with the students attending the segregated school. The African-American students were eventually permitted to attend the school for a year with the protection of federal troops. During this time, tension and chaos ran high throughout Little Rock.
    After the first year was up, the school board asked the district court for a postponement of the desegregation plan. The postponement was challenged by the African-American students. In light of the uneasy circumstances caused by the desegregation, the district court granted the postponement. On appeal to the Eighth Circuit, the court of appeals reversed.
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Komentáře • 1

  • @johnjames4567
    @johnjames4567 Před 11 měsíci

    . The case was the last in a series of cases over several years, starting with Brown v. Board of Education in 1954 that sought to finally overturn the wretched doctrine established in Plessy v. Ferguson (1896) The idea that there is such a concept as "Separate but equal".
    Cooper v Aaron may not be as well known to people outside the legal profession, but it's a crucial case to understand. Because it is here that we derive what have been two other disastrous doctrines. Judicial Supremacy and Judicial Universality. Despite the Court's claims these doctrines were "Settled law" this exposed them as a total fabrication of the opinion's main author Justice Brenner.
    Josh Blackman's article on Cooper v Aaron for Georgetown Law Journal
    Shlomo Slonim's article on - Federalist No. 78 and Brutus' Neglected Thesis on Judicial Supremacy (University of Minnesota Law School, 2006)