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Sweatt v. Painter, 339 U.S. 629 (1950). Cases Citing This Book View Copy Cite
“broader issues have been urged for our consideration, but we 18 fcc v. fox television stations, inc. opinion of the court adhere to the principle of deciding constitutional ques tions only in the context of the particular case before the court”
796 citation events (113 in the last 25 years) across 60 distinct courts.
Negative lean: 1st  ·  Positive lean: 4th, 11th, 5th, 6th, 9th, 3rd, DC, 8th
Strongest positive: Greg Abbott, in His Official Capacity as Governor of Texas v. City of El Paso (texapp, 2023-02-28) · Strongest negative: Robison v. Johnson (mad, 1973-01-04)
Treatment trajectory · 1950 → 2026 · click a year to view as-of
1950 1988 2026
Top citers, strongest first. 48 distinct citers.
examined Cited "but see" Robison v. Johnson (3×)
D. Mass. · 1973 · signal: but see · confidence high
But see Sweatt v. Painter, 1950, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 .
examined Cited as authority (verbatim quote) Greg Abbott, in His Official Capacity as Governor of Texas v. City of El Paso
Tex. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
we have frequently reiterated that this court will decide constitutional questions only when necessary to the disposition of the case at hand, and that such decisions will be drawn as narrowly as possible.
examined Cited as authority (verbatim quote) Federal Communications Commission v. Fox Television Stations, Inc. (2×)
SCOTUS · 2012 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence high
broader issues have been urged for our consideration, but we 18 fcc v. fox television stations, inc. opinion of the court adhere to the principle of deciding constitutional ques tions only in the context of the particular case before the court
discussed Cited as authority (rule) Fisher v. University of Tex. at Austin
SCOTUS · 2016 · confidence medium
The University has thus met its burden of showing that the admissions policy it used at the time it rejected peti­ tioner’s application was narrowly tailored. * * * A university is in large part defined by those intangible “qualities which are incapable of objective measurement but which make for greatness.” Sweatt v. Painter, 339 U. S. 629, 634 (1950).
discussed Cited as authority (rule) KRISTIN PERRY v. EDMUND G. BROWN, Jr.
9th Cir. · 2012 · confidence medium
“Broader issues have been urged for our consideration, but we adhere to the principle of deciding constitutional questions only in the context of the particular case before the Court.” Sweatt v. Painter, 339 U.S. 629, 631 (1950).
discussed Cited as authority (rule) In Re Marriage Cases (2×)
Cal. · 2008 · confidence medium
In this regard, plaintiffs persuasively invoke by analogy the decisions of the United States Supreme Court finding inadequate a state's creation of a separate law school for Black students rather than granting such students access to the University of Texas Law School ( Sweatt v. Painter (1950) 339 U.S. 629, 634 [ 94 L.Ed. 1114 , 70 S.Ct. 848 ]), [67] and a state's founding of a separate military program for women rather than admitting women to the Virginia Military Institute ( United *846 States v. Virginia (1996) 518 U.S. 515, 555-556 [ 135 L.Ed.2d 735 , 116 S.Ct. 2264 ]).
discussed Cited as authority (rule) Grutter v. Bollinger (2×)
SCOTUS · 2003 · confidence medium
Sweatt v. Painter, 339 U. S. 629, 634 (1950) (describing law school as a “proving ground for legal learning and practice”).
examined Cited as authority (rule) United States v. Virginia (3×) also: Cited "see"
SCOTUS · 1996 · confidence medium
Nevertheless, the state trial and appellate courts were satisfied that the new school offered Sweatt opportunities for the study of law “substantially equivalent to those offered by the State to white students at the University of Texas.” Id., at 632 (internal quotation marks omitted).
discussed Cited as authority (rule) Romer v. Evans (2×)
SCOTUS · 1996 · confidence medium
Central both to the idea of the rule of law and to our own Constitution's guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance. "`Equal protection of the laws is not achieved through indiscriminate imposition of inequalities.' " Sweatt v. Painter, 339 U. S. 629, 635 (1950) (quoting Shelley v. Kraemer, 334 U. S. 1, 22 (1948)).
discussed Cited as authority (rule) United States v. Virginia
W.D. Va. · 1994 · confidence medium
The Fourth Circuit’s opinion approved specifically the district court findings in this respect when it stated, “the record supports the conclusion that single-sex education is pedagogieally justifiable, and VMI’s system, which the district court found to include a holistic formula of training, even more so.” Id. at 898.
discussed Cited as authority (rule) United States v. Com. of Va.
W.D. Va. · 1994 · confidence medium
The Fourth Circuit's opinion approved specifically the district court findings in this respect when it stated, "the record supports the conclusion that single-sex education is pedagogically justifiable, and VMI's system, which the district court found to include a holistic formula of training, even more so." Id. at 898.
examined Cited as authority (rule) United States v. Fordice (4×) also: Cited "see"
SCOTUS · 1992 · confidence medium
In light of the State’s long history of discrimination, and the lost educational and career opportunities and stigmatie harms caused by discriminatory educational systems, see Brown v. Board of Education, 347 U. S. 483, 494 (1954); Sweatt v. Painter, 339 U. S. 629, 634-635 (1950); McLaurin v. Oklahoma State Regents for Higher Ed., 339 U. S. 637, 640-641 (1950), the courts below must carefully examine Mississippi’s proffered justifications for maintaining a remnant of de jure segregation to ensure that such rationales do not merely mask the perpetuation of discriminatory practices.
discussed Cited as authority (rule) Ayers v. Allain
5th Cir. · 1990 · confidence medium
Gaines, 305 U.S. at 349 , 59 S.Ct. at 232 67 Sweatt, 339 U.S. at 629, 70 S.Ct. at 848 68 McLaurin, 339 U.S. at 637, 70 S.Ct. at 851 69 Sweatt, 339 U.S. at 631, 70 S.Ct. at 849 70 Id 71 Id. at 631-32, 70 S.Ct. at 849 72 Id. at 632, 70 S.Ct. at 849 73 Id. at 633, 70 S.Ct. at 850 74 Id. at 632, 70 S.Ct. at 849 75 Id. at 634-35, 70 S.Ct. at 850-51 76 McLaurin, 339 U.S. at 638, 70 S.Ct. at 852 77 Id 78 Id 79 Id 80 Id. at 640, 70 S.Ct. at 853.
cited Cited as authority (rule) Ayers v. Allain
5th Cir. · 1990 · confidence medium
Sweatt, 339 U.S. at 629 , 70 S.Ct. at 848. .
discussed Cited as authority (rule) DiLeo v. Board of Regents of the University of Colorado (2×)
Colo. · 1978 · confidence medium
In Sweatt v. Painter, 339 U.S. 629, 634 , 70 S.Ct. 848, 850 , 94 L.Ed. 1114, 1119 (1950), that Court stated: "Moreover, although the law is a highly learned profession, we are well aware that it is an intensely practical one.
discussed Cited as authority (rule) Crawford v. Board of Education
Cal. · 1976 · confidence medium
In rejecting an .attempt by the State of Texas to justify the maintenance of racially segregated law schools on the basis of the “separate but equal” doctrine in Sweatt v. Painter (1950) 339 U.S. 629, 634 [ 94 L.Ed. 1114, 1119 , 70 S.Ct. 848 ], for example, the Supreme Court observed that “[t]he law school, the proving ground for legal learning and practice, cannot be effective in isolation from the individuals and institutions with which the law interacts. . . .
examined Cited as authority (rule) San Antonio Independent School District v. Rodriguez (4×)
SCOTUS · 1973 · confidence medium
As a basis for striking down state-enforced segregation of a law school, the Court in Sweatt v. Painter, 339 U. S. 629, 633-634 (1950), stated: "[W]e cannot find substantial equality in the educational opportunities offered white and Negro law students by the State.
discussed Cited as authority (rule) Gray v. Board of Trustees of University of Tennessee
E.D. Tenn. · 1951 · confidence medium
In Sweatt v. Painter, supra, the Court expressly pointed out, 339 U.S. at page 631, 70 S.Ct. at page 848, 94 L.Ed. 1114 , that it was eliminating from the case the, question of constitutionality of the State statute which restricted admission to the University to white students.
examined Cited "see" Bastrop Independent School District Board of Trustees v. Toungate (6×)
Tex. App. · 1996 · signal: see · confidence high
See Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 (1950). [5] The trial court submitted findings to the jury but rejected the jury's responses as advisory only. [1] Even the Commissioner of Education may not revise the student-discipline decisions of a local school board.
cited Cited "see" Bastrop Independent School District Board of Trustees v. September M. Toungate, Individually and as Next Friend of Zachariah Toungate, a Minor
Tex. App. · 1996 · signal: see · confidence high
See Sweatt v. Painter , 339 U.S. 629 (1950). 5.
examined Cited "see" ca5 1993 (3×)
5th Cir. · 1993 · signal: see · confidence high
See Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 (1950).
examined Cited "see" League of United Latin American Citizens, Council No. 4434 v. Clements (3×)
5th Cir. · 1993 · signal: see · confidence high
See Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 (1950).
examined Cited "see" American College of Physicians v. United States (3×)
Ct. Cl. · 1983 · signal: see · confidence high
See Sweatt v. Painter, 339 U.S. 629, 634 , 70 S.Ct. 848, 850 , 94 L.Ed. 1114 (1950); McLaurin v. Oklahoma State Regents, 339 U.S. 637, 641 , 70 S.Ct. 851, 853 , 94 L.Ed. 1149 (1950). .
discussed Cited "see" Regents of the University of California v. Bakke (2×)
SCOTUS · 1978 · signal: see · confidence high
See Sweatt v. Painter, 339 U. S. 629 (1950).
examined Cited "see" Morgan v. Hennigan (3×)
D. Mass. · 1974 · signal: see · confidence high
See Sweatt v. Painter, 1950, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.
examined Cited "see" Whitley v. Wilson City Board Of Education (3×)
4th Cir. · 1970 · signal: see · confidence high
See Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 (1950). 4 The district court held that "there will be no irreparable damage to any of the plaintiffs * * * by virtue of their attendance of the public schools pursuant to the provisions of the student assignment plan adopted by the Wilson City School Board * * *." We disagree.
examined Cited "see" Whitley v. Wilson City Board of Education (3×)
4th Cir. · 1970 · signal: see · confidence high
See Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 (1950).
discussed Cited "see" Evans v. Abney (2×)
SCOTUS · 1970 · signal: see · confidence high
See Sweatt v. Painter, 339 U. S. 629, 633-634 .
examined Cited "see" Bush v. Orleans Parish School Board (3×)
E.D. La. · 1962 · signal: see · confidence high
See Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 ; Wilson v. Board of Supervisors, E.D.La., 92 P. Supp. 986, affirmed, 340 U.S. 909 , 71 S.Ct. 294 , 95 L.Ed. 657 .
discussed Cited "see" Barrows v. Jackson (2×)
SCOTUS · 1953 · signal: see · confidence high
See Sweatt v. Painter, 339 U. S. 629, 635 .
discussed Cited "see" Belton v. Gebhart (2×)
Del. Ch. · 1952 · signal: see · confidence high
See Sweatt v. Painter, 379 U. S. 629 , 70 S. Ct. 848 , 94 L.
cited Cited "see" Parker v. University of Delaware
Del. Ch. · 1950 · signal: see · confidence high
See Sweatt v. Painter, 70 S. Ct. 848 ; McLaurin v. Oklahoma State Regents for Higher Ed., 70 S. Ct. 851 .
cited Cited "see" Parker v. University of Delaware
Del. Ch. · 1950 · signal: see · confidence high
See Sweatt v. Painter, 70 S.Ct. 848 ; McLaurin v. Oklahoma State Regents for Higher Ed., 70 S.Ct. 851 .
cited Cited "see, e.g." Dobbs v. Jackson Women's Health Organization
SCOTUS · 2022 · signal: see, e.g. · confidence low
See, e.g., Sweatt v. Painter, 339 U. S. 629 (1950); Sipuel v. Board of Regents of Univ. of Okla., 332 U. S. 631 (1948) (per curiam); Missouri ex rel.
examined Cited "see, e.g." Barbara Grutter v. Lee Bollinger, (01-1447), Kimberly James, Intervening (01-1516) (4×)
6th Cir. · 2002 · signal: see, e.g. · confidence low
See, e.g., Sweatt, 339 U.S. at 634-36 , 70 S.Ct. 848 .
cited Cited "see, e.g." Grutter v. Bollinger
6th Cir. · 2002 · signal: see, e.g. · confidence low
See, e.g., Sweatt, 339 U.S. at 634-36 .
examined Cited "see, e.g." Belk v. Charlotte-Mecklenburg Board of Education (4×)
4th Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., Sweatt v. Painter, 339 U.S. 629 (1950); Sipuel v. Board of Regents of Univ. of 100 BELK v. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION Okla., 332 U.S. 631 (1948).
cited Cited "see, e.g." ca4 2001
4th Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., Sweatt v. Painter, 339 U.S. 629 (1950); Sipuel v. Board of Regents of Univ. of Okla., 332 U.S. 631 (1948).
cited Cited "see, e.g." Belk v. Charlotte-Mecklenburg
4th Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., Sweatt v. Painter, 339 U.S. 629 (1950); Sipuel v. Board of Regents of Univ. of 7 Okla., 332 U.S. 631 (1948).
examined Cited "see, e.g." Belk v. Charlotte-Mecklenburg Board of Education (3×)
4th Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 (1950); Sipuel v. Board of Regents of Univ. of Okla., 332 U.S. 631 , 68 S.Ct. 299 , 92 L.Ed. 247 (1948).
discussed Cited "see, e.g." ca4 1995
4th Cir. · 1995 · signal: see, e.g. · confidence medium
See e.g., Sweatt v. Painter, 339 U.S. 629, 633-34 (1950) (requiring "substantial equality in educational opportunities" to justify separate state-supported law schools for white and black students, and not finding it upon considering both tangible resources such as "scope of library" and intangible resources such as "position and influence of the alumni," "traditions and prestige").
discussed Cited "see, e.g." United States v. Virginia
4th Cir. · 1995 · signal: see, e.g. · confidence medium
See e.g., Sweatt v. Painter, 339 U.S. 629, 633-34 (1950) (requiring “substantial equality in educational opportunities” to justify separate state-supported law schools for white and black students, and not finding it upon considering both tangible resources such as “scope of library” and intangible resources such as “position and influence of the alumni,” “traditions and prestige”).
examined Cited "see, e.g." League of United Latin American Citizens, Council No. 4434 v. Clements (3×)
5th Cir. · 1993 · signal: see, e.g. · confidence low
See, e.g., Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 (1950) (holding that the University of Texas Law School's racially discriminatory admittance policy violated the Equal Protection clause of the Fourteenth Amendment).
examined Cited "see, e.g." League of United Latin American Citizens, Council No. 4434 v. Clements (3×)
5th Cir. · 1993 · signal: see, e.g. · confidence low
See, e.g., Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 (1950) (holding that the University of Texas Law School's racially discriminatory admittance policy violated the Equal Protection clause of the Fourteenth Amendment).
discussed Cited "see, e.g." Board of Ed. of Oklahoma City Public Schools v. Dowell (2×)
SCOTUS · 1991 · signal: see, e.g. · confidence low
See, e. g., Sweatt v. Painter, 339 U. S. 629 (1950); Sipuel v. Board of Regents of Univ. of Okla., 332 U. S. 631 (1948).
examined Cited "see, e.g." Commonwealth v. Atalig (3×)
N. Mar. I. · 1983 · signal: see, e.g. · confidence low
See, e.g., Sweatt v. Painter, 339 U.S. 629, 631 , 70 S.Ct. 848, 849 , 94 L.Ed. 1114 , reh.denied 340 U.S. 846 , 71 S.Ct. 113 , 95 L.Ed. 620 (1950); Ashwander v. TVA, 297 U.S. 288, 347 , 56 S.Ct. 466, 483 , 80 L.Ed. 688 (1936) (Brandeis, J., concurring).
examined Cited "see, e.g." State Ex Rel. Hawkins v. Board of Control (3×)
Fla. · 1952 · signal: compare · confidence low
Compare Sweatt v. Painter, 339 U.S. 629 , 70 S.Ct. 848 , 94 L.Ed. 1114 ; McLaurin v. Oklahoma State Regents for Higher Ed., 339 U.S. 637 , 70 S.Ct. 851 , 94 L.Ed. 1149 .
discussed Cited "see, e.g." State Ex Rel. Hawkins v. Board of Control of Florida
Fla. · 1950 · signal: compare · confidence low
See Gong Lum v. Rice, 275 U.S. 78 , 48 S.Ct. 91 , 72 L.Ed. 172 ; Cumming v. Board of Education of Richmond County, 175 U.S. 528 , 20 S.Ct. 197 , 44 L.Ed. 262 ; State v. Witham, 179 Tenn. 250 , 165 S.W.2d 378 ; Compare Sweatt v. Painter, 70 S.Ct. 848 , reversing Tex.Civ.App., 210 S.W.2d 442 ; McLaurin v. Oklahoma State Regents for Higher Ed., 70 S.Ct. 851 , reversing 87 F. Supp. 528 .
SWEATT
v.
PAINTER Et Al.
44.
Supreme Court of the United States.
Jun 5, 1950.
339 U.S. 629
W. J. Durham, and Thurgood Marshall argued the cause for petitioner. With them on the brief were Robert L. Carter, William R. Ming, Jr., James M. Nabrit and Franklin H. Williams., Price Daniel, Attorney General of Texas, and Joe R. Greenhill, First Assistant Attorney General, argued the cause for respondents. With them on the brief was E. Jacobson, Assistant Attorney General., Briefs of amici curiae, supporting petitioner, were filed by Solicitor General Perlman and Philip Elman for the United States; Paul G. Armes for the American Federation of Teachers; Thomas I. Emerson, Erwin N. Gris-wold, Robert Hale, Harold Havighurst and Edward Levi for the Committee of Law Teachers Against Segregation in Legal Education; Phineas Indritz for the American Veterans Committee, Inc.; and Marcus Cohn and Jacob Grumet for the American Jewish Committee et al., An amici curiae brief in support of respondents was filed on behalf of the States of Arkansas, by Ike Murray, Attorney General; Florida, by Richard W. Ervin, Attorney General, and Frank J. Heintz, Assistant Attorney General; Georgia, by Eugene Cook, Attorney General, and M. H. Blackshear, Jr., Assistant Attorney General; Kentucky, by A. E. Funk, Attorney General, and M. B. Holifield, Assistant Attorney General; Louisiana, by Bolivar E. Kemp, Jr., Attorney General; Mississippi, by Greek L. Rice, Attorney General, and George H. Ethridge, Acting Attorney General; North Carolina, by Harry Mc-Mullan, Attorney General, and Ralph Moody, Assistant Attorney General; Oklahoma, by Mac Q. Williamson, Attorney General; South Carolina, by John M. Daniel, Attorney General; Tennessee, by Roy H. Beeler, Attorney General, and William F. Barry, Solicitor General; and Virginia, by J. Lindsay Almond, Jr., Attorney General, and Walter E. Rogers, Assistant Attorney General.
Vinson.
Cited by 260 opinions  |  Published
[*631] Mr. Chief Justice Vinson

delivered the opinion of the Court.

This case and McLaurin v. Oklahoma State Regents, post, p. 637, present different aspects of this general question : To what extent does the Equal Protection Clause of the Fourteenth Amendment limit the power of a state to distinguish between students of different races in professional and graduate education in a state university? Broader issues have been urged for our consideration, but we adhere to the principle of deciding constitutional questions only in the context of the particular case before the Court. We have frequently reiterated that this Court will decide constitutional questions only when necessary to the disposition of the case at hand, and that such decisions will be drawn as narrowly as possible. Rescue Army v. Municipal Court, 331 U. S. 549 (1947), and cases cited therein. Because of this traditional reluctance to extend constitutional interpretations to situations or facts which are not before the Court, much of the excellent research and detailed argument presented in these cases is unnecessary to their disposition.

In the instant case, petitioner filed an application for admission to the University of Texas Law School for the February, 1946 term. His application was rejected solely because he is a Negro. [1] Petitioner thereupon brought this suit for mandamus against the appropriate school officials, respondents here, to compel his admission. At that time, there was no law school in Texas which admitted Negroes.

The state trial court recognized that the action of the State in denying petitioner the opportunity to gain[*632] a legal education while granting it to others deprived him of the equal protection of the laws guaranteed by the Fourteenth Amendment. The court did not grant the relief requested, however, but continued the case for six months to allow the State to supply substantially equal facilities. At the expiration of the six months, in December, 1946, the court denied the writ on the showing that the authorized university officials had adopted an order calling for the opening of a law school for Negroes the following February. While petitioner’s appeal was pending, such a school was made available, but petitioner refused to register therein. The Texas Court of Civil Appeals set aside the trial court’s judgment and ordered the cause “remanded generally to the trial court for further proceedings without prejudice to the rights of any party to this suit.”

On remand, a hearing was held on the issue of the equality of the educational facilities at the newly established school as compared with the University of Texas Law School. Finding that the new school offered petitioner “privileges, advantages, and opportunities for the study of law substantially equivalent to those offered by the State to white students at the University of Texas,” the trial court denied mandamus. The Court of Civil Appeals affirmed. 210 S. W. 2d 442 (1948). Petitioner’s application for a writ of error was denied by the Texas Supreme Court. We granted certiorari, 338 U. S. 865 (1949), because of the manifest importance of the constitutional issues involved.

The University of Texas Law School, from which petitioner was excluded, was staffed by a faculty of sixteen full-time and three part-time professors, some of whom are nationally recognized authorities in their field. Its student body numbered 850. The library contained over 65,000 volumes. Among the other facilities available to the students were a law review, moot court facilities,[*633] scholarship funds, and Order of the Coif affiliation. The school’s alumni occupy the most distinguished positions in the private practice of the law and in the public life of the State. It may properly be considered one of the nation’s ranking law schools.

The law school for Negroes which was to have opened in February, 1947, would have had no independent faculty or library. The teaching was to be carried on by four members of the University of Texas Law School faculty, who were to maintain their offices at the University of Texas while teaching at both institutions. Few of the 10,000 volumes ordered for the library had arrived; [2] nor was there any full-time librarian. The school lacked accreditation.

Since the trial of this case, respondents report the opening of a law school at the Texas State University for Negroes. It is apparently on the road to full accreditation. It has a faculty of five full-time professors; a student body of 23; a library of some 16,500 volumes serviced by a full-time staff; a practice court and legal aid association; and one alumnus who has become a member of the Texas Bar.

Whether the University of Texas Law School is compared with the original or the new law school for Negroes, we cannot find substantial equality in the educational opportunities offered white and Negro law students by the State. In terms of number of the faculty, variety of courses and opportunity for specialization, size of the student body, scope of the library, availability of law[*634] review and similar activities, the University of Texas Law School is superior. What is more important, the University of Texas Law School possesses to a far greater degree those qualities which are incapable of objective measurement but which make for greatness in a law school. Such qualities, to name but a few, include reputation of the faculty, experience of the administration, position and influence of the alumni, standing in the community, traditions and prestige. It is difficult to believe that one who had a free choice between these law schools would consider the question close.

Moreover, although the law is a highly learned profession, we are well aware that it is an intensely practical one. The law school, the proving ground for legal learning and practice, cannot be effective in isolation from the individuals and institutions with which the law interacts. Few students and no one who has practiced law would choose to study in an academic vacuum, removed from the interplay of ideas and the exchange of views with which the law is concerned. The law school to which Texas is willing to admit petitioner excludes from its student body members of the racial groups which number 85% of the population of the State and include most of the lawyers, witnesses, jurors, judges and other officials with whom petitioner will inevitably be dealing when he becomes a member of the Texas Bar. With such a substantial and significant segment of society excluded, we cannot conclude that the education offered petitioner is substantially equal to that which he would receive if admitted to the University of Texas Law School.

It may be argued that excluding petitioner from that school is no different from excluding white students from the new law school. This contention overlooks realities. It is unlikely that a member of a group so decisively in the majority, attending a school with rich traditions and[*635] prestige which only a history of consistently maintained excellence could command, would claim that the opportunities afforded him for legal education were unequal to those held open to petitioner. That such a claim, if made, would be dishonored by the State, is no answer. “Equal protection of the laws is not achieved through indiscriminate imposition of inequalities.” Shelley v. Kraemer, 334 U. S. 1, 22 (1948)!

It is fundamental that these cases concern rights which are personal and present. This Court has stated unanimously that “The State must provide [legal education] for [petitioner] in conformity with the equal protection clause of the Fourteenth Amendment and provide it as soon as it does for applicants of any other group.” Sipuel v. Board of Regents, 332 U. S. 631, 633 (1948). That case “did not present the issue whether a state might not satisfy the equal protection clause of the Fourteenth Amendment by establishing a separate law school for Negroes.” Fisher v. Hurst, 333 U. S. 147, 150 (1948). In Missouri ex rel. Gaines v. Canada, 305 U. S. 337, 351 (1938), the Court, speaking through Chief Justice Hughes, declared that “petitioner’s right was a personal one. It was as an individual that he was entitled to the equal protection of the laws, and the State was bound to furnish him within its borders facilities for legal education substantially equal to those which the State there afforded for persons of the white race, whether or not other negroes sought the same opportunity.” These are the only cases in this Court which present the issue of the constitutional validity of race distinctions in state-supported graduate and professional education.

In accordance with these cases, petitioner may claim his full constitutional right: legal education equivalent to that offered by the State to students of other races. Such education is not available to him in a separate law school as offered by the State. We cannot, therefore,[*636] agree with respondents that the doctrine of Plessy v. Ferguson, 163 U. S. 537 (1896), requires affirmance of the judgment below. Nor need we reach petitioner’s contention that Plessy v. Ferguson should be reexamined in the light of contemporary knowledge respecting the purposes of the Fourteenth Amendment and the effects of racial segregation. See supra, p. 631.

We hold that the Equal Protection Clause of the Fourteenth Amendment requires that petitioner be admitted to the University of Texas Law School. The judgment is reversed and the cause is remanded for proceedings not inconsistent with this opinion.

Reversed.

1

It appears that the University has been restricted to white students, in accordance with the State law. See Tex. Const., Art. VII, §§ 7,14; Tex. Rev. Civ. Stat. (Vernon, 1925), Arts. 2643b (Supp. 1949), 2719, 2900.

2

“Students of the interim School of Law of the Texas State University for Negroes [located in Austin, whereas the permanent School was to be located at Houston] shall have use of the State Law Library in the Capitol Building. . . .” Tex. Laws 1947, c. 29, § 11, Tex. Rev. Civ. Stat. (Vernon, 1949 Supp.), note to Art. 2643b. It is not clear that this privilege was anything more than was extended to all citizens of the State.