Opinion · Supreme Court of the United States

Florida Ex Rel. Hawkins v. Board of Control of Fla.

Fla. Ex Rel. Hawkins v. Bd. of Control of Fla., 350 U.S. 413 (1956)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1956-04-23
Topic
general

How later courts describe this case

  • “He is entitled to prompt admission under the rules and regulations applicable to other qualified candidates”
  • "As this case involves the admission of a [black] to a graduate professional school, there is no reason for delay. [The applicant] is entitled to prompt admission under the rules and regulations applicable to other qualified applicants."
  • involving the University of Mississippi

Citator

UpLaw has not yet analyzed Florida Ex Rel. Hawkins v. Board of Control of Fla.. The absence of a flag is not a finding that it is good law.

Cited by
37 opinions

Headnotes

  1. Constitutional Law — Equal Protection A state university may not deny admission to an applicant on account of race; a Negro applicant is entitled to admission to a state graduate professional school under the same rules and regulations applicable to all other qualified candidates. 350 U.S. at 414 (citing Sweatt v. Painter, 339 U.S. 629; Sipuel v. Board of Regents, 332 U.S. 631; cf. McLaurin v. Oklahoma State Regents, 339 U.S. 637)
  2. Constitutional Law — Desegregation Remedies The implementation decree in Brown v. Board of Education, 349 U.S. 294, governing relief in cases involving public elementary and secondary schools, has no application to a case involving a Negro applying for admission to a state graduate professional school; such a case requires prompt admission rather than a delayed implementation period. 350 U.S. at 413-414
  3. Civil Procedure — Appellate Mandate A mandate issued in light of the Segregation Cases is recalled and vacated, and the judgment below vacated and the case remanded, where the mandate rested on the implied premise that graduate study presents the problems of public elementary and secondary schools and the implementation decision in Brown has no application to such a case. 350 U.S. at 413-414
HAWKINSv. BOARD OF CONTROL,350 U.S. 413(1956)
76 S.Ct. 464
FLORIDA EX REL. HAWKINSv. BOARD OF CONTROL OF FLORIDA ET AL.
ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA.
No. 624.
Decided March 12, 1956.
A Negro is entitled to prompt admission to a graduate professional school of a State, under the rules and regulations applicable to other qualified candidates. P. 414.83 So.2d 20, certiorari denied.60 So.2d 162, judgment vacated and case remanded.
Robert L. CarterandThurgood Marshallfor petitioner.Richard W. Ervin, Attorney General of Florida,RalphE. Odum, Assistant Attorney General, andJohn J. Blair, Special Assistant Attorney General, for respondents.
PER CURIAM.
The petition for certiorari is denied.

On May 24, 1954, we issued a mandate in this case to the Supreme Court of Florida.347 U.S. 971. We directed that the case be reconsidered in light of our decision in the Segregation Cases decided May 17, 1954,Brownv.Board of Education,347 U.S. 483. In doing so, we did not imply that decrees involving graduate study present the problems of public elementary and secondary schools. We had theretofore, in three cases, ordered the admission of Negro applicants to graduate schools without discrimination because of color.Sweattv.Painter,339 U.S. 629;Sipuelv.Board of Regents ofthe University of Oklahoma,332 U.S. 631; cf.McLaurinv.Oklahoma State Regents for Higher Education,339 U.S. 637. Thus, our second decision in theBrowncase,349 U.S. 294, which implemented the earlier one, had no application to a case involving a Negro applying forPage 414admission to a state law school. Accordingly, the mandate of May 24, 1954, is recalled and is vacated. In lieu thereof, the following order is entered:
PER CURIAM:
The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded on the authority of the Segregation Cases decided May 17, 1954,Brownv.Board of Education,347 U.S. 483. As this case involves the admission of a Negro to a graduate professional school, there is no reason for delay. He is entitled to prompt admission under the rules and regulations applicable to other qualified candidates.Sweattv.Painter,339 U.S. 629;Sipuelv.Board of Regents ofthe University of Oklahoma,332 U.S. 631; cf.McLaurinv.Oklahoma State Regents for Higher Education,339 U.S. 637.Page 415