Title
275 U.S. 78, Supreme Court of the United States, GONG LUM at al., Petitioner v. RICE et al., No. 29
Document Type
Contribution to Book
Publication Date
2022
Publication Title
Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law
Abstract
Having made the determination that the racial classification in this case is unconstitutional, we must now decide upon the proper remedy. That answer is clear and obvious. The proper remedy is for plaintiff to be able to attend a school solely for students of Chinese descent. And, as our separate but equal doctrine demands, that school must have facilities equal to that of the schools for white children and the schools for black children.
If, in the future, students of other races are to attend Mississippi’s public schools, those students must also be provided separate schools designated solely for students of that race. This principle of equal separation applies in all educational contexts, including in higher education, where the threat of race amalgamation is even greater than in elementary and secondary schools.
If the state is unable to provide plaintiff a school solely for Chinese students, then the only feasible remedy is for plaintiff to be able to attend the school of her choice. Judgment of the Supreme Court of Mississippi is reversed.
ISBN
9781316616451
Repository Citation
Oh, Reginald, "275 U.S. 78, Supreme Court of the United States, GONG LUM at al., Petitioner v. RICE et al., No. 29" (2022). Law Faculty Contributions to Books. 279.
https://engagedscholarship.csuohio.edu/fac_book_contributions/279
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