Bolling v. Sharpe, 347 U.S. 497 (1954)
Author: Sam Biers

Facts: Petitioners are minor African Am. students who were refused admission to a public school, in District of Columbia, attended by white children solely b/c of their race.

Issue(s): Whether the Due Process Cl of the 5^th imposes a correlating duty on the federal govt to prevent racial segregation in the public school within its jurisdiction?

Holding: racial segregation in the public schools of the District of Columbia is a denial of the due process of law guaranteed by the 5th.

Procedure: Petitioner’s sought relief in D.Ct for D. of Columbia.  That court dismissed their complaint.  U.S.S.Ct granted certiorari before the Ct App judgment was issued b/c of the importance of the question presented. Case will be restored to the docket for reargument on other questions presented.

Rule(s): 5^th Amend

Rationale:   The Fifth Amendment is applicable to the D of Columbia, but it does not include an equal protection clause as the 14^th Amendment.  The 14^th only applies to the states.  But the concepts of equal protection and due process are not mutually exclusive.  EP CL is a more explicit safeguard of prohibited unfairness than DP, and thus the Ct will not imply that the two are always interchangeable.  Yet, discrimination has been held by this Court to be so unjustifiable as to be violative of DP.  

The Const forbids, regarding civil and political rights, discrimination by the general govt or the states, against a citizen on the basis of their race.  Furthermore, denial of the right to convey property by the owner according to a law is considered unreasonable, and a denial of DP. 

Where the Const bars state govt from maintaining racially segregated schools, the same Const imposes a similar duty on the federal govt.