1961 US Commission on Civil Rights Report Book 2 - University of ...

11. The Colleges
In January <strong>1961</strong> the <strong>Commission</strong> made its second report to the President
and Congress in the field of education: Equal Protection of the
Laws in Public Higher Education, igGo. 1 This traced the development
of separate public colleges for Negroes in the latter half of the igth
century, the role of the Federal Government in the establishment and
financial support of such institutions, and certain related Federal policies
as they affect equal protection of the laws.
Three proposals were made. The first recommended that Federal
funds be granted only to public institutions which do not discriminate
on grounds of race, color, religion, or national origin. No executive or
legislative action in this regard has been taken.
The second recommendation dealt with the enforcement of constitutional
rights. The <strong>Commission</strong> proposed that Congress consider authorizing
the use of three-judge courts in cases presenting substantial
issues of fact as to denial of equal protection in public higher education.
There has been no legislation on this matter. In the University
of Georgia case, discussed hereafter, the only relevant case decided since
the publication of the <strong>Commission</strong>'s report, suit was filed in September
1960 and the court denied a preliminary injunction that would have
allowed the plaintiffs to attend the university immediately. Final decision,
however, was quickly reached, and the plaintiffs were admitted
to the university in January <strong>1961</strong>. The early admission of the plaintiffs
was due in large measure to a change in State policy in the face
of the Federal court's action (and in some degree to swift action by
the United States Court of Appeals for the Fifth Circuit in vacating
a stay granted by the district court). If a three-judge court had been
available in this case, along the lines of the <strong>Commission</strong>'s recommendation,
such a court might well have been more willing than the single
judge to issue a preliminary injunction in September, with the result
of even earlier admission of the plaintiffs. A new suit in Mississippi
should cast further light on the potential usefulness of the <strong>Commission</strong>'s
recommendation.
The third recommendation pointed out the need for action to alleviate
academic handicaps resulting from inferior educational opportunities.
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