Memorandum from Stephen J. Spingarn to Charles Murphy

This SpingarN 3 to be no March 1, 1950 93-13 can MEMORANDUM FOR MR. MURPHY: Subject: Effect of possible Supreme Court decision out- lawing segregation on Federal grant-in-aid x 41-A legislation /# and other Federal activities. In an 1896 decision, Plessy V. Ferguson, 163 U.S. 537, the Supreme Court of the United States held that enforced racial segregation did not violate the Fourteenth Amendment to the Constitution so long as separate but equal facilities were provided. As you know, there are now three cases pending before the Supreme Court in which the Government is urging the Court to overrule the "separate but equal" doctrine of the Plessy case and hold that racial segregation is un- constitutional. These are the Henderson case (involving segregation in interstate travel) and the McLaurin and X173 Sweatt cases (involving professional level educational segregation). These cases were scheduled to be argued *107 before the Supreme Court beginning March 20, but the Court has just deferred the date for argument until April 3. Solicitor General Perlman tells me that he had hoped these cases would be decided at this term of the Court, but the deferment indicates at least the possibility that they may not be decided until the next term, which begins in the Fall. If the Supreme Court overrules the doctrine of the Plessy case and thereby strikes down State constitutional and statutory provisions requiring segregation, important questions will arise as to what course of action should be pursued by Federal officers in administering Federal laws, particularly in the case of grant-in-aid legislation. The basic question therefore arises as to whether or not a study should now be made with a view of determining a Government-wide policy that will make action of the Federal agencies in this field consistent and that will be ready for announcement at the time the decision of the Supreme Court is handed down or within a reasonable time thereafter. x 93 mise.