Laurin v. Oklahoma State Regents For Higher Education, No. 34

CourtUnited States Supreme Court
Writing for the CourtVINSON
PartiesMcLAURIN v. OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION et al
Decision Date05 June 1950
Docket NumberNo. 34

339 U.S. 637
70 S.Ct. 851
94 L.Ed. 1149
McLAURIN

v.

OKLAHOMA STATE REGENTS FOR HIGHER EDUCATION et al.

No. 34.
Argued April 3, 4, 1950.
Decided June 5, 1950.

Messrs. Amos T. Hall, Tulsa, Okl., Robert L. Carter, Washington, D.C., for appellant.

Page 638

Mr. Fred Hansen, Oklahoma City, Okl., for appellees.

Mr. Chief Justice VINSON delivered the opinion of the Court.

In this case, we are faced with the question whether a state may, after admitting a student to graduate instruction in its state university, afford him different treatment from other students solely because of his race. We decide only this issue; see Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848.

Appellant is a Negro citizen of Oklahoma. Possessing a Master's degree, he applied for admission to the University of Oklahoma in order to pursue studies and courses leading to a Doctorate in Education. At that time, his application was denied, solely because of his race. The school authorities were required to exclude him by the Oklahoma statutes, 70 Okl.Stat. (1941) §§ 455, 456, 457, which made it a misdemeanor to maintain or operate, teach or attend a school at which both whites and Negroes are enrolled or taught. Appellant filed a complaint requesting injunctive relief, alleging that the action of the school authorities and the statutes upon which their action was based were unconstitutional and deprived him

Page 639

of the equal protection of the laws. Citing our decisions in State of Missouri ex rel. Gaines v. Canada, 1938, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208, and Sipuel v. Board of Regents, 1948, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247, a statutory three-judge District Court held, 87 F.Supp. 526, that the State had a constitutional duty to provide him with the education he sought as soon as it provided that education for applicants of any other group. It further held that to the extent the Oklahoma statutes denied him admission they were unconstitutional and void. On the assumption, however, that the State would follow the constitutional mandate, the court refused to grant the injunction, retaining jurisdiction of the cause with full power to issue any necessary and proper orders to secure McLaurin the equal protection of the laws.

Following this decision, the Oklahoma legislature amended these statutes to permit the admission of Negroes to institutions of higher learning attended by white students, in cases where such institutions offered courses not available in the Negro schools. The amendment provided, however, that in such cases the program of instruction 'shall be given at such colleges or institutions of higher education upon a segregated basis.'1 Appel-

Page 640

lant was thereupon admitted to the University of Oklahoma Graduate School. In apparent conformity with the amendment, his admission was made subject to 'such rules and regulations as to segregation as the President of the University shall consider to afford Mr. G. W. McLaurin substantially equal educational opportunities as are afforded to other persons seeking the same education in the Graduate College,' a condition which does not appear to have been withdrawn. Thus he was required to...

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128 practice notes
  • Romero v. Weakley, No. 1712-SD
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • May 5, 1955
    ...2281 et seq. "Attention of counsel is called to the fact that in each of the cases involved in McLaurin v. Oklahoma State Regents, 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149, and in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, three-judge courts were invoked, and that in Mendez v......
  • Ayers v. Allain, No. 88-4103
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 6, 1990
    ...Missouri ex rel. Gaines v. Canada, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208 (1938); McLaurin v. Oklahoma State Regents for Higher Educ., 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149 (1950); Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950); Brown, 347 U.S. at 483, 74 S.Ct. at......
  • Doe 1 v. Lower Merion Sch. Dist., No. 10–3824.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 14, 2011
    ...3R starkly [665 F.3d 546] differs from the policies at issue in Seattle, Gratz, Grutter, Bakke, Brown, McLaurin v. Oklahoma State Regents, 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149 (1950), and Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950).35 In each of those cases, the......
  • Commonwealth of Pa. v. Local U. 542, Int. U. of Op. Eng., Civ. A. No. 71-2698.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • December 4, 1974
    ...28 L.Ed.2d 554 (1971); Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954); McLaurin v. Oklahoma State Regents, 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149 (1950); Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950); Cooper v. Aaron, 358 U.S. 1, 78 S.C......
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120 cases
  • Romero v. Weakley, No. 1712-SD
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • May 5, 1955
    ...2281 et seq. "Attention of counsel is called to the fact that in each of the cases involved in McLaurin v. Oklahoma State Regents, 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149, and in Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, three-judge courts were invoked, and that in Mendez v......
  • Ayers v. Allain, No. 88-4103
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • February 6, 1990
    ...Missouri ex rel. Gaines v. Canada, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208 (1938); McLaurin v. Oklahoma State Regents for Higher Educ., 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149 (1950); Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950); Brown, 347 U.S. at 483, 74 S.Ct. at......
  • Doe 1 v. Lower Merion Sch. Dist., No. 10–3824.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • December 14, 2011
    ...3R starkly [665 F.3d 546] differs from the policies at issue in Seattle, Gratz, Grutter, Bakke, Brown, McLaurin v. Oklahoma State Regents, 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149 (1950), and Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950).35 In each of those cases, the......
  • Commonwealth of Pa. v. Local U. 542, Int. U. of Op. Eng., Civ. A. No. 71-2698.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • December 4, 1974
    ...28 L.Ed.2d 554 (1971); Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954); McLaurin v. Oklahoma State Regents, 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149 (1950); Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114 (1950); Cooper v. Aaron, 358 U.S. 1, 78 S.C......
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8 books & journal articles
  • CENTERING WHITENESS AND ENTRENCHING THE MYTH OF RACE-NEUTRAL ALTERNATIVES TO AFFIRMATIVE ACTION.
    • United States
    • University of Pennsylvania Law Review Vol. 170 Nbr. 1, December 2021
    • December 1, 2021
    ...to Black students in light of their exclusion from the University of Texas Law School); McLaurin v. Okla. State Regents for Higher Educ, 339 U.S. 637, 639-40 (1950) (considering a Black Univ. of Okla. student who was accepted to the university on the condition that he remain segregated from......
  • The Warren Court - After Three Terms
    • United States
    • Political Research Quarterly Nbr. 9-4, December 1956
    • December 1, 1956
    ...v. University of Oklahoma, 332 U.S. 631 (1948); Sweattv. Painter, 339 U.S. 629 (1950); and McLaurin v. Oklahoma State Board of Regents,339 U.S. 637 (1950). Even earlier, in Missouri ex rel. Gaines v. Canada, 305 U.S. 337 (1938), the Court tended to construe strictly the doctrine against the......
  • Ethics in Pandemics: the Lawyer For the (crisis) Situation
    • United States
    • Georgetown Journal of Legal Ethics Nbr. 34-2, April 2021
    • April 1, 2021
    ...that Plessy should be overturned outright. Memorandum for the United States as Amicus Curiae at 9-14, McLaurin v. Okla. State Regents, 339 U.S. 637 (1950) (No. 34) & Sweatt v. Painter, 339 U.S. 629 (1950) (No. 44). 167. Brown v. Board of Education, 347 U.S. 483, 494–96 (1954). 168. For a fu......
  • History of Testing in the United States: Higher Education
    • United States
    • ANNALS of the American Academy of Political and Social Science, The Nbr. 683-1, May 2019
    • May 1, 2019
    ...for medical education: Evolution of the Medical college Admission Test. JAMA 288 (9): 1085–90. McLaurin v. Oklahoma State regents, 339 U.S. 637 54 THE ANNALS OF THE AMErIcAN AcADEMy Miller, Sherral, Michael Walker, and Lynn Letukas. 2017. redesigning the SAT using principles of fairness and......
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