Norwood v. Harrison

Norwood v. Harrison, 413 U.S. 455 (1973), is a United States Supreme Court decision in the area of constitutional law which the court held that a state cannot provide aid to a private school which discriminates on the basis of race.[1]

Norwood v. Harrison
Supreme Court of the United States
Argued February 20–21, 1973 Decided June 25, 1973
Full case name	Norwood, et al. v. Harrison, et al.
Citations	413 U.S. 455 (more) 93 S. Ct. 2804; 37 L. Ed. 2d 723; 1973 U.S. LEXIS 28
Case history
Prior	340 F. Supp. 1003 (N.D. Miss. 1972); probable jurisdiction noted, 409 U.S. 839 (1972).
Subsequent	On remand, 382 F. Supp. 921 (N.D. Miss. 1974); attorneys' fees awarded, 410 F. Supp. 133 (N.D. Miss. 1976); affirmed, 581 F.2d 518 (5th Cir. 1978).
Holding
Private schools have the right to exist and to operate, but the State is not required by the Equal Protection Clause to provide assistance to private schools equivalent to that it provides to public schools without regard to whether the private schools discriminate on racial grounds.
Court membership
Chief Justice Warren E. Burger Associate Justices William O. Douglas · William J. Brennan Jr. Potter Stewart · Byron White Thurgood Marshall · Harry Blackmun Lewis F. Powell Jr. · William Rehnquist
Case opinions
Majority	Burger, joined by Stewart, White, Marshall, Blackmun, Powell, Rehnquist
Concurrence	Douglas
Concurrence	Brennan

Facts of the Case

Textbooks were being purchased by the state of Mississippi and given to students for free in both public and private schools pursuant a statute passed in 1940. Among the schools with students receiving textbooks was Tunica Academy, which declined to attest that it had a racially non-discriminatory admissions policy. The District Court decided in favor of the state and the Supreme Court heard oral arguments February 20 and 21, 1973. The case was argued by civil rights attorney Melvyn R. Leventhal.[2]

The Court's Decision

The Supreme Court ruled that a state may not constitutionally give or lend textbooks to students who attend a school that discriminates on the basis of race,[3] otherwise the discriminatory conduct of the private school could be considered state action and would thus be in violation of the Constitution.

The opinion of the court was authored by Chief Justice Burger and was joined by Stewart, White, Marshall, Blackmun, Powell, and Rehnquist. Justices Douglas and Brennan wrote concurring opinions.

The Court held that Mississippi was not obligated under the Equal Protection Clause to provide equal assistance to private schools and public schools, ruling that the state does have a constitutional obligation to avoid providing financial assistance to schools that practice racist or other invidious discrimination.[4][5]

References

1. Norwood v. Harrison, 413 U.S. 455 (1973).
2. "Oyez page on Melvyn R. Leventhal". Retrieved August 20, 2017.
3. Nowak, John E., Ronald D. Rotunda. Principles of Constitutional Law. Thomson West 2004.
4. Norwood, 413 U.S. at 468-470.
5. "Norwood v. Harrison - 413 U.S. 455 (1973)". The Oyez Project. Retrieved 15 October 2013.

External links

• Text of Norwood v. Harrison, 413 U.S. 455 (1973) is available from:  CourtListener  Findlaw  Google Scholar  Justia  Library of Congress  Oyez (oral argument audio)