A.      Bolling v. Sharpe (1954): Segregation in DC public schools. 

1.       Held: Unconstitutional. 

a.       b/c DC is not a state, 14th A does not apply

b.      Ct relies of 5th A’s due process clause (although no equal protection clause)

(1)     Brown decided on 14th A, so doesn’t apply

(2)     Ct looks @ “liberty” in 5th A

(a)     The concept of equal protection is inherently in “due process.”  Equal protection is only a subset or specific type of due process 

(i)       Both equal protection and due process have an overriding principle of fairness (i.e. not acting arbitrarily)

(b)    Liberty involves the ability to go to school and avoid arbitrary obstacles.

2.       The court also introduces the idea of nature of classification, govt purpose, and fit.

a.       Ct talks in terms of rational basis, but indicates that “particular careful scrutiny” is going on

b.      Here, Classification: suspect [based solely on race]; fit: not reasonably related to proper govt purpose