openapi: 3.1.0
info:
title: OpenLaws API Documentation
version: 1.0.4
description: OpenLaws Legal Data API
contact:
name: OpenLaws PBC
url: https://openlaws.us/api
email: team@openlaws.us
license:
name: Commercial
url: https://openlaws.us/terms
servers:
- url: https://api.openlaws.us
tags:
- name: Jurisdictions
description: All data (statutes, regulations, caselaw opinions) in OpenLaws are organized into jurisdictions. This allows
you to scope searches and lookups to a specific state or federal jurisdiction (or both).
- name: Laws
description: Laws represent a specific law type in a Jurisdiction. For example, Code of Federal Regulations belongs to the
FED Jurisdiction and is represented by the law_key `FED-CFR`. Florida Statutes belongs to the FL Jurisdiction and is represented
by the law_key `FL-STAT`. Note that case law and case opinions are represented as Opinions that belong to Courts and Jurisdictions
rather than Laws.
- name: Law Divisions
description: Divisions represent the hierarchical documents that make up statutes, regulations, and constitutions. Each
document has a 'path' which uniquely identifies the document and where it resides in the hierarchy of the law.
- name: Opinions
description: Opinions represent published and unpublished case law opinions. Opinions belong to a Court and Jurisdiction.
- name: Courts
description: Courts issue Opinions and belong to a Jurisdiction.
paths:
/api/v1/jurisdictions:
get:
summary: List all Jurisdictions
description: Returns all valid jurisdictions, coverage data, and metadata for OpenLaws Jurisdictions
tags:
- Jurisdictions
responses:
'200':
description: GET jurisdictions returns all jurisdictions
content:
application/json:
schema:
$ref: '#/components/schemas/Jurisdiction'
'401':
$ref: '#/components/responses/unauthorized'
operationId: listJurisdictions
/api/v1/jurisdictions/{jurisdiction_key}/laws/{law_key}/divisions:
get:
summary: Get a specific Law's Root Divisions
description: Root divisions are top of the document hierarchy for a law. Typically, these documents are Titles or Agency
document types.
tags:
- Law Divisions
parameters:
- name: jurisdiction_key
description: Two to three letter Jurisdiction Key. `FED` for federal and generally, the postal abbreviation for most
U.S. states and territories.
in: path
required: true
schema:
type: string
example: AK
- name: law_key
description: A unique identifier for OpenLaws Laws. A `law_key` is a combination of a jurisdiction_key and an abbreviation
of a law type joined by a '-' character.
in: path
required: true
schema:
type: string
example: AK-CONST
responses:
'200':
$ref: '#/components/responses/okArrayOfDivisions'
description: Array of the root Divisions for a Law
'400':
$ref: '#/components/responses/badRequest'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
operationId: getRootDivisions
/api/v1/jurisdictions/{jurisdiction_key}/laws/{law_key}/divisions/{path}:
get:
summary: Get Division by Jurisdiction and OpenLaws path
description: A precise way of retrieving one Division object with its unique path
tags:
- Law Divisions
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
- $ref: '#/components/parameters/lawKeyParam'
- name: path
description: An OpenLaws field that describes the Division's relationship to other documents in the law's hierarchy.
Combined with the law_key and effective_date_* fields this creates a unique key for Divisions.
in: path
required: true
schema:
type: string
example: title_12.chapter_i.part_4.subpart_d.section_4_62
responses:
'200':
$ref: '#/components/responses/okSingleDivision'
description: Single Division matching the path
'400':
$ref: '#/components/responses/badRequest'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
'500':
$ref: '#/components/responses/serverError'
operationId: getDivsisionsByPath
/api/v1/jurisdictions/{jurisdiction_key}/laws/{law_key}/divisions/updates:
get:
summary: (Enterprise Only) Get a list of Divisions that were created or updated after a date.
description: This query returns a list of DivisionUpdate objects which are a lightweight subset of the Division. DivisionUpdates
contain the law_key, path, and effective dates to identify Division which can be queried further for changes. Note
that changes to Divisions may not be material. For example, the addition of whitespace or correction of a minor typo
from the source text is considered an update. Pagination is supported using RFC-8288 HTTP Headers (https://datatracker.ietf.org/doc/html/rfc8288).
tags:
- Law Divisions
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
- $ref: '#/components/parameters/lawKeyParam'
- name: updated_after
description: Return list of Divisions updated AFTER this ISO Date (UTC). Date must be within 90 days of the current
date.
in: query
required: true
schema:
type: string
format: date
example: '2025-05-01'
- name: limit
in: query
required: false
schema:
type: integer
minimum: 1
default: 100
maximum: 500
description: Maximum number of results to return
- $ref: '#/components/parameters/pageParam'
responses:
'200':
$ref: '#/components/responses/okArrayOfDivisionUpdates'
description: An array of DivisionUpdates which contain law_keys, paths, and effective dates to identify which Divisions
have been created or changed.
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
operationId: getDivisionsUpdatedAfter
/api/v1/jurisdictions/{jurisdiction_key}/laws/{law_key}/divisions/{starting_path}/updates:
get:
summary: (Enterprise Only) Get a list of Divisions that were created or updated after a date within a subtree of Divisions.
description: This query returns a list of DivisionUpdate objects within the Division hierarchy beginning at starting_path.
DivisionUpdates contain the law_key, path, and effective dates to identify Division which can be queried further for
changes. Note that changes to Divisions may not be material. For example, the addition of whitespace or correction
of a minor typo from the source text is considered an update. Pagination is supported using RFC-8288 HTTP Headers
(https://datatracker.ietf.org/doc/html/rfc8288).
tags:
- Law Divisions
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
- $ref: '#/components/parameters/lawKeyParam'
- name: updated_after
description: Return list of Divisions updated AFTER this ISO Date (UTC). Date must be within 90 days of the current
date.
in: query
required: true
schema:
type: string
format: date
example: '2025-05-01'
- name: starting_path
description: The starting path to traverse down to find updated Divisions.
in: path
required: true
schema:
type: string
example: title_12.chapter_i
- name: limit
in: query
required: false
schema:
type: integer
minimum: 1
default: 100
maximum: 500
description: Maximum number of results to return
- $ref: '#/components/parameters/pageParam'
responses:
'200':
$ref: '#/components/responses/okArrayOfDivisionUpdates'
description: An array of DivisionUpdates which contain law_keys, paths, and effective dates to identify which Divisions
have been created or changed.
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
operationId: getDivisionsByPathUpdatedAfter
/api/v1/jurisdictions/{jurisdiction_key}/laws/search:
get:
summary: Keyword Search within a Jurisdiction
description: Heuristic keyword search within a specific Jurisdiction (and optionally, federal Laws at the same time
with `with_federal`). The search scope will include statutes, rules, regulations, and constitutions. See "Keyword
Search Case Opinions" for case law search.
tags:
- Law Divisions
parameters:
- name: jurisdiction_key
in: path
required: true
schema:
type: string
example: CA
description: Two to three letter Jurisdiction Key. `FED` for federal and generally, the postal abbreviation for most
U.S. states and territories.
- $ref: '#/components/parameters/keywordQueryParam'
- $ref: '#/components/parameters/queryTypeParam'
- $ref: '#/components/parameters/withFederalParam'
- $ref: '#/components/parameters/limitParam'
responses:
'200':
$ref: '#/components/responses/okArrayOfDivisions'
'400':
$ref: '#/components/responses/badRequest'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
'500':
$ref: '#/components/responses/serverError'
operationId: keywordSearchDivisionWithinJurisdiction
/api/v1/jurisdictions/{jurisdiction_key}/laws/{law_key}/search:
get:
summary: Keyword Search within a Jurisdiction and a specific law_key for that Jurisdiction
description: 'Heuristic keyword search within a specific Jurisdiction and a specific type of law for that jurisdiction,
ex: Jurisdiction=TX and law_key=TX-CONST (constitution)'
tags:
- Law Divisions
parameters:
- name: jurisdiction_key
in: path
required: true
schema:
type: string
example: CA
description: Two to three letter Jurisdiction Key. `FED` for federal and generally, the postal abbreviation for most
U.S. states and territories.
- name: law_key
in: path
required: true
schema:
type: string
example: CA-RR
description: A unique identifier for OpenLaws Laws. A `law_key` is a combination of a jurisdiction_key and an abbreviation
of a law type joined by a '-' character.
- name: query
in: query
required: true
schema:
type: string
example: apple banana
description: One or more keywords to search by
- $ref: '#/components/parameters/queryTypeParam'
- $ref: '#/components/parameters/limitParam'
responses:
'200':
$ref: '#/components/responses/okArrayOfDivisions'
'400':
$ref: '#/components/responses/badRequest'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
'500':
$ref: '#/components/responses/serverError'
operationId: keywordSearchDivisionWithinLaw
/api/v1/jurisdictions/{jurisdiction_key}/laws/citations:
get:
summary: Lookup by Jurisdiction and Bluebook legal citation for a statute, regulation, or constitution
description: We highly recommend this method of looking up Divisions when legal citations are available because it is
the most precise way to identify relevant documents.
tags:
- Law Divisions
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
- name: query
in: query
required: true
schema:
type: string
example: 12 CFR § 1002.1
description: Bluebook legal citation for a statute, code, rule, regulation, or constitution
responses:
'200':
$ref: '#/components/responses/okSingleDivision'
'400':
$ref: '#/components/responses/badRequest'
'401':
$ref: '#/components/responses/unauthorized'
'404':
description: GET by citation for non-existent citation returns a 404
content:
application/json:
schema:
$ref: '#/components/schemas/Error'
'500':
$ref: '#/components/responses/serverError'
operationId: lookupByBluebookCitation
/api/v1/jurisdictions/{jurisdiction_key}/laws:
get:
summary: Get Laws by Jurisdiction
description: Jurisdictions, i.e., California, Texas, Federal, contain many laws, e.g., statutes, regulations, court
rules, and a constitution.
tags:
- Laws
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
responses:
'200':
$ref: '#/components/responses/okArrayOfLaws'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
operationId: getLawsByJurisdiction
/api/v1/jurisdictions/{jurisdiction_key}/courts:
get:
summary: Get Courts by Jurisdiction
description: Lists all the active and inactive courts for a Jurisdiction. Note that federal bankruptcy courts are separate
from federal courts.
tags:
- Courts
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
responses:
'200':
description: List Courts by Jurisdiction
content:
application/json:
schema:
type: array
items:
$ref: '#/components/schemas/Court'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
operationId: getCourtsByJurisdiction
/api/v1/jurisdictions/{jurisdiction_key}/courts/{court_key}:
get:
summary: Get single Court
description: Returns a single court identified by the court_key. Court key is also the unique identifier in the CourtListener
data set.
tags:
- Courts
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
- $ref: '#/components/parameters/courtKeyParam'
responses:
'200':
description: Get one Court by courtKey
content:
application/json:
schema:
$ref: '#/components/schemas/Court'
'400':
$ref: '#/components/responses/badRequest'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
operationId: getCourt
/api/v1/jurisdictions/{jurisdiction_key}/opinions/search:
get:
summary: Keyword Search Case Opinions
description: BM25 keyword search of case opinion text.
tags:
- Opinions
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
- name: query
in: query
required: true
schema:
type: string
example: elections
description: One or more keywords to search by
- $ref: '#/components/parameters/queryTypeParam'
- $ref: '#/components/parameters/withFederalParam'
- name: filing_start_date
description: Filter opinions to those that were filed on or after this ISO date.
in: query
required: false
schema:
$ref: '#/components/schemas/NullableDate'
examples:
start_date:
value: '2020-01-01'
no_start_date:
value: -Infinity
- name: filing_end_date
description: Filter opinions to those that were filed before or on this ISO date.
in: query
required: false
schema:
$ref: '#/components/schemas/NullableDate'
examples:
end_date:
value: '2020-12-31'
no_end_date:
value: Infinity
- name: court_keys
in: query
required: false
schema:
type: string
default: false
example: ca1,scotus
description: Comma delimited list of court_keys. See GET /jurisdictions/{jurisdiction_key}/courts for valid court_keys.
For the FED jurisdiction, 'first_circuit'...'eleventh_circuit', 'dc_circuit', and 'federal_circuit' are also valid
values which expand to all courts in that circuit.
- $ref: '#/components/parameters/limitParam'
responses:
'200':
$ref: '#/components/responses/okArrayOfOpinions'
'400':
$ref: '#/components/responses/badRequest'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
'500':
$ref: '#/components/responses/serverError'
operationId: keywordSearchOpinions
/api/v1/jurisdictions/{jurisdiction_key}/opinions/citations:
get:
summary: Lookup Case Opinion by Jurisdiction and Bluebook legal citation for a case
description: Long form with parties or short form of case citations (volume-number reporter-abbreviation first-page-number)
will work.
tags:
- Opinions
parameters:
- $ref: '#/components/parameters/jurisdictionKeyParam'
- name: query
in: query
required: true
schema:
type: string
example: 347 U.S. 483
description: Bluebook legal citation for a case
responses:
'200':
$ref: '#/components/responses/okArrayOfOpinions'
'400':
$ref: '#/components/responses/badRequest'
'401':
$ref: '#/components/responses/unauthorized'
'404':
$ref: '#/components/responses/notFound'
'500':
$ref: '#/components/responses/serverError'
operationId: lookupOpinionByBluebookCitation
/api/v1/laws:
get:
summary: Get all Laws
description: Laws in OpenLaws represent statutes, rules and regulations, and constitutions
tags:
- Laws
responses:
'200':
$ref: '#/components/responses/okArrayOfLaws'
'401':
$ref: '#/components/responses/unauthorized'
operationId: getLaws
components:
securitySchemes:
bearerAuth:
description: Authenticate API requests via a bearer token
type: http
scheme: bearer
bearerFormat: JWT
schemas:
Jurisdiction:
type: object
description: Jurisdictions are the highest abstraction in OpenLaws. They contain codified Laws, Courts, Reporters. Federal
is a special case and contains several "sub-Jurisdictions" due to the government's scale and complexity.
properties:
name:
type: string
example: California
key:
type: string
description: Unique identifier for the jurisdiction. Often this is the same as postal_abbreviation (CA and TX) but
not always (FED, FED-BANKR, MIL, and TRIBAL.)
example: CA
state:
type: string
description: '(DEPRECATION WARNING: Use ''key'' instead. Will be deprecated in 1.1.0) Unique identifier for the
jurisdiction. Often this is the same as postal_abbreviation (CA and TX) but not always (FED)'
example: CA
abbreviation:
type: string
description: (FUTURE USE) Bluebook abbreviation for the Jurisdiction if applicable
example: Cal.
postal_abbreviation:
description: (FUTURE USE)
type: string
example: CA
laws:
type: array
items:
$ref: '#/components/schemas/Law'
courts:
description: (FUTURE USE)
type: array
items:
$ref: '#/components/schemas/Court'
example: []
required:
- key
- name
- laws
Law:
type: object
description: Laws represent one type of codified or administrative law for a specific Jurisdiction. Laws contain Divisions.
Please see the Court and Opinion schemas for case law.
properties:
key:
type: string
example: CA-RR
description: OpenLaws identifier for the Law.
jurisdiction_key:
type: string
example: CA
description: State or province when applicable.
state:
type: string
example: CA
description: (Deprecated. Use `jurisdiction` instead.) State or province when applicable.
law_type:
type: string
example: regulations
description: Type of Law, including statutes, rules, regulations, court rules, constitution, case law
name:
type: string
example: California Code of Regulations
description: Jurisdiction's name for the Law
aliases:
type:
- string
- 'null'
example: null
features:
type: array
items:
$ref: '#/components/schemas/LawFeature'
description: For future use.
required:
- key
- jurisdiction_key
- law_type
Court:
description: Represents a single Court and closely aligns to CourtListener's data set. Courts contain Opinions.
type: object
properties:
key:
type: string
example: scotus
description: Unique identifier for the court
jurisdiction_key:
type: string
example: FED
description: Two to three letter Jurisdiction Key. `FED` for federal and generally, the postal abbreviation for
most U.S. states and territories.
parent_court_key:
type:
- string
- 'null'
example: null
description: Parent court key if applicable
name:
type: string
example: Supreme Court of the United States
short_name:
type: string
example: Supreme Court
abbreviation:
type: string
example: SCOTUS
start_date:
allOf:
- $ref: '#/components/schemas/NullableDate'
- example: '1789-09-24'
end_date:
allOf:
- $ref: '#/components/schemas/NullableDate'
- example: null
DivisionUpdate:
description: '**(Law Firm and Enterprise plans only)** Divisions are the primary building block in OpenLaws. Each Division
represents a document at a snapshot in time. Divisions can contain child Divisions (and thus also have parent and
ancestor Divisions). OpenLaws strives to closely align with the source material including errors and omissions in
the source.'
type: object
properties:
jurisdiction_key:
type: string
example: FED
description: Two to three letter Jurisdiction Key. `FED` for federal and generally, the postal abbreviation for
most U.S. states and territories.
law_key:
type: string
example: FED-CFR
description: A unique identifier for OpenLaws Laws. A `law_key` is a combination of a jurisdiction_key and an abbreviation
of a law type.
path:
type: string
example: title_21.chapter_i.subchapter_b.part_155.subpart_b.section_155_194
description: The concatenation of all of the Division's ancestors' labels resulting in a filepath-like string
label:
type: string
example: section_155_194
description: Human-readable identifier for the Division; guaranteed to be unique among its sibling Divisions
display_name:
type: string
example: 'Section 155.194: Catsup'
description: 'OpenLaws concatenation of the division_type, identifier, and name along with some business logic to
create a reliable, human-friendly string to use for display for this Division. For example, ''Title 12: Banking
and Finance'''
openlaws_web_url:
type: string
example: https://static.openlaws.us/laws/fed/cfr/title_21/chapter_i/subchapter_b/part_155/subpart_b/section_155_194
description: Static web view provided by OpenLaws for display to customers and use as citations for LLM outputs.
effective_date_start:
$ref: '#/components/schemas/Date'
example: '1993-01-06'
description: If the source document and annotations contain a starting effective date, this field will be contain
an ISO 8601 date. This date is inclusive.
effective_date_end:
$ref: '#/components/schemas/Date'
example: Infinity
description: If the source document and annotations contain an ending effective date, this field will be contain
an ISO 8601 date. This date is inclusive.
is_repealed:
type:
- boolean
- 'null'
example: null
description: (Experimental) Whether the Division is repealed, contingent repealed, or no longer effective.
current_as_of:
$ref: '#/components/schemas/NullableDate'
description: '**(Law Firm and Enterprise plans only)** The ISO 8601 date of when the last time the Law was checked
for changes.'
example: '2025-03-01'
updated_at:
$ref: '#/components/schemas/NullableDate'
description: '**(Law Firm and Enterprise plans only)** The ISO 8601 date of when this Division''s source was updated.'
example: '1993-01-06'
deleted_on:
$ref: '#/components/schemas/NullableDate'
description: '**(Law Firm and Enterprise plans only)** The ISO 8601 date of when this Division was no longer found
in the source and removed from OpenLaws.'
example: '2024-12-31'
required:
- jurisdiction_key
- law_key
- path
- effective_date_start
- effective_date_end
- updated_at
Division:
description: Divisions are the primary building block in OpenLaws. Each Division represents a document at a snapshot
in time. Divisions can contain child Divisions (and thus also have parent and ancestor Divisions). OpenLaws strives
to closely align with the source material including errors and omissions in the source.
type: object
properties:
jurisdiction_key:
type: string
example: FED
description: Two to three letter Jurisdiction Key. `FED` for federal and generally, the postal abbreviation for
most U.S. states and territories.
law_key:
type: string
example: FED-CFR
description: A unique identifier for OpenLaws Laws. A `law_key` is a combination of a jurisdiction_key and an abbreviation
of a law type.
label:
type: string
example: section_155_194
description: Human-readable identifier for the Division; guaranteed to be unique among its sibling Divisions
path:
type: string
example: title_21.chapter_i.subchapter_b.part_155.subpart_b.section_155_194
description: The concatenation of all of the Division's ancestors' labels resulting in a filepath-like string
division_type:
type: string
example: section
description: OpenLaws standardization of the Division document type
identifier:
type:
- string
- 'null'
example: '155.194'
description: The source document's identifier
range_end_identifier:
type:
- string
- 'null'
example: null
description: If the Division is part a range, this contains the ending value for the identifier range, e.g., §§
100 to 200 -> 200 is the range_end_identifier.
name:
type:
- string
- 'null'
example: Catsup
description: The name of the document from the source document.
display_name:
type: string
example: 'Section 155.194: Catsup'
description: 'OpenLaws concatenation of the division_type, identifier, and name along with some business logic to
create a reliable, human-friendly string to use for display for this Division. For example, ''Title 12: Banking
and Finance'''
openlaws_web_url:
type: string
example: https://static.openlaws.us/laws/fed/cfr/title_21/chapter_i/subchapter_b/part_155/subpart_b/section_155_194
description: Static web view provided by OpenLaws for display to customers and use as citations for LLM outputs.
effective_date:
type: string
example: 1993-01-06...Infinity
description: '(DEPRECATION WARNING: This will be deprecated in favor of effective_date_start and effective_date_end.)
If the source document and annotations contain an effective date, this field will be contain the start and end
date as a range. Positive and negative infinity indicate the effective date is unbounded.'
effective_date_start:
allOf:
- $ref: '#/components/schemas/Date'
- example: '1993-01-06'
description: If the source document and annotations contain a starting effective date, this field will be contain
an ISO 8601 date. This date is inclusive.
effective_date_end:
allOf:
- $ref: '#/components/schemas/Date'
- example: Infinity
description: If the source document and annotations contain an ending effective date, this field will be contain
an ISO 8601 date. This date is inclusive.
aliases:
type:
- string
- 'null'
example: ''
description: Contains short or common names for the Division
plaintext_content:
type: string
example: "(a) Identity -\n\n (1) Definition. Catsup, ketchup, or catchup is the food prepared from one or any\
\ combination of two or more of the following optional tomato ingredients:\n\n (i) Tomato concentrate as\
\ defined in § 155.191(a)(1), except that lemon juice, concentrated lemon juice, or safe and suitable organic\
\ acids may be used in quantities no greater than necessary to adjust the pH, and in compliance with § 155.191(b).\n\
\n (ii) The liquid derived from mature tomatoes of the red or reddish varieties Lycopersicum esculentum\
\ P. Mill.\n\n (iii) The liquid obtained from the residue from preparing such tomatoes for canning, consisting\
\ of peelings and cores with or without such tomatoes or pieces thereof.\n\n (iv) The liquid obtained from\
\ the residue from partial extraction of juice from such tomatoes.\n Such liquid is strained so as to exclude\
\ skins, seeds, and other coarse or hard substances in accordance with current good manufacturing practice. Prior\
\ to straining, food-grade hydrochloric acid may be added to the tomato material in an amount to obtain a pH no\
\ lower than 2.0. Such acid is then neutralized with food-grade sodium hydroxide so that the treated tomato material\
\ is restored to a pH of 4.2±0.2. The final composition of the food may be adjusted by concentration and/or by\
\ the addition of water. The food may contain salt (sodium chloride formed during acid neutralization shall be\
\ considered added salt) and is seasoned with ingredients as specified in paragraph (a)(2) of this section. The\
\ food is preserved by heat sterilization (canning), refrigeration, or freezing. When sealed in a container to\
\ be held at ambient temperatures, it is so processed by heat, before or after sealing, as to prevent spoilage.\n\
\n (2) Ingredients. One or any combination of two or more of the following safe and suitable ingredients in\
\ each of the following categories is added to the tomato ingredients specified in paragraph (a)(1) of this section:\n\
\n (i) Vinegars.\n\n (ii) Nutritive carbohydrate sweeteners. Such sweeteners if defined in part\
\ 168 of this chapter shall be as defined therein.\n\n (iii) Spices, flavoring, onions, or garlic.\n\n\
\ (3) Labeling.\n\n (i) The name of the food is “Catsup,” “Ketchup,” or “Catchup.”\n\n (ii) The\
\ following shall be included as part of the name or in close proximity to the name of the food:\n (*a*) The\
\ statement “Made from” or “Made in part from,” as the case may be, “residual tomato material from canning” if\
\ the optional tomato ingredient specified in paragraph (a)(1)(iii) of this section or tomato concentrate containing\
\ the ingredient specified in § 155.191(a)(1)(ii) is present.\n\n (*b*) The statement “Made from” or “Made\
\ in part from,” as the case may be, “residual tomato material from partial extraction of juice” if the optional\
\ tomato ingredient specified in paragraph (a)(1)(iv) of this section or tomato concentrate containing the ingredient\
\ specified in § 155.191(a)(1)(iii) is present.\n\n (iii) Label declaration. Each of the ingredients used\
\ in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this\
\ chapter; except that the name “tomato concentrate” may be used in lieu of the names “tomato puree,” “tomato\
\ pulp,” or “tomato paste” and when tomato concentrates are used, the labeling requirements of § 155.191(a)(3)(ii)(a)\
\ and (a)(3)(ii)(b) do not apply.\n\n(b) Quality.\n\n (1) The standard of quality for catsup is as follows:\
\ The consistency of the finished food is such that its flow is not more than 14 centimeters in 30 seconds at\
\ 20 °C when tested in a Bostwick Consistometer in the following manner: Check temperature of mixture and adjust\
\ to 20±1 °C. The trough must also be at a temperature close to 20 °C. Adjust end-to-end level of Bostwick Consistometer\
\ by means of the spirit level placed in trough of instrument. Side-to-side level may be adjusted by means of\
\ the built-in spirit level. Transfer sample to the dry sample chamber of the Bostwick Consistometer. Fill the\
\ chamber slightly more than level full, avoiding air bubbles as far as possible. Pass a straight edge across\
\ top of chamber starting from the gate end to remove excess product. Release gate of instrument by gradual pressure\
\ on lever, holding the instrument down at the same time to prevent its movement as the gate is released. Immediately\
\ start the stop watch or interval timer, and after 30 seconds read the maximum distance of flow to the nearest\
\ 0.1 centimeter. Clean and dry the instrument and repeat the reading on another portion of sample. Do not wash\
\ instrument with hot water if it is to be used immediately for the next determination, as this may result in\
\ an increase in temperature of the sample. For highest accuracy, the instrument should be maintained at a temperature\
\ of 20±1 °C. If readings vary more than 0.2 centimeter, repeat a third time or until satisfactory agreement is\
\ obtained. Report the average of two or more readings, excluding any that appear to be abnormal.\n\n (2) Determine\
\ compliance as specified in § 155.3(b).\n\n (3) If the quality of catsup falls below the standard prescribed\
\ in paragraphs (b) (1) and (2) of this section, the label shall bear the general statement of substandard quality\
\ specified in § 130.14(a) of this chapter, in the manner and form therein specified, but in lieu of such general\
\ statement of substandard quality when the quality of the catsup falls below the standard, the label may bear\
\ the alternative statement, “Below Standard in Quality-Low Consistency.”\n\n(c) Fill of container.\n\n (1)\
\ The standard of fill of container for catsup, as determined by the general method for fill of container prescribed\
\ in § 130.12(b) of this chapter, is not less than 90 percent of the total capacity except:\n\n (i) When\
\ the food is frozen, or\n\n (ii) When the food is packaged in individual serving-size packages containing\
\ 56.7 grams (2 ounces) or less.\n\n (2) Determine compliance as specified in § 155.3(b).\n\n (3) If the\
\ catsup falls below the standard of fill prescribed in paragraphs (c) (1) and (2) of this section, the label\
\ shall bear the general statement of substandard fill as specified in § 130.14(b) of this chapter, in the manner\
\ and form therein specified."
description: Plaintext content without rich text formatting and markup to define pincite locations. Suitable for
use with LLMs.
markdown_content:
type: string
example: "1. {{< pincite identifier=\"a\" display=\"a\" >}} *Identity* -\n 1. {{< pincite identifier=\"a_1\"\
\ display=\"1\" >}} *Definition.* Catsup, ketchup, or catchup is the food prepared from one or any combination\
\ of two or more of the following optional tomato ingredients:\n 1. {{< pincite identifier=\"a_1_i\" display=\"\
i\" >}} Tomato concentrate as defined in § 155.191(a)(1), except that lemon juice, concentrated lemon juice, or\
\ safe and suitable organic acids may be used in quantities no greater than necessary to adjust the pH, and in\
\ compliance with § 155.191(b).\n 1. {{< pincite identifier=\"a_1_ii\" display=\"ii\" >}} The liquid derived\
\ from mature tomatoes of the red or reddish varieties *Lycopersicum esculentum* P. Mill.\n 1. {{< pincite\
\ identifier=\"a_1_iii\" display=\"iii\" >}} The liquid obtained from the residue from preparing such tomatoes\
\ for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.\n 1. \
\ {{< pincite identifier=\"a_1_iv\" display=\"iv\" >}} The liquid obtained from the residue from partial extraction\
\ of juice from such tomatoes.\n\n Such liquid is strained so as to exclude skins, seeds, and other\
\ coarse or hard substances in accordance with current good manufacturing practice. Prior to straining, food-grade\
\ hydrochloric acid may be added to the tomato material in an amount to obtain a pH no lower than 2.0. Such acid\
\ is then neutralized with food-grade sodium hydroxide so that the treated tomato material is restored to a pH\
\ of 4.2±0.2. The final composition of the food may be adjusted by concentration and/or by the addition of water.\
\ The food may contain salt (sodium chloride formed during acid neutralization shall be considered added salt)\
\ and is seasoned with ingredients as specified in paragraph (a)(2) of this section. The food is preserved by\
\ heat sterilization (canning), refrigeration, or freezing. When sealed in a container to be held at ambient temperatures,\
\ it is so processed by heat, before or after sealing, as to prevent spoilage. \n { .parens-lower-roman\
\ }\n 1. {{< pincite identifier=\"a_2\" display=\"2\" >}} *Ingredients.* One or any combination of two or\
\ more of the following safe and suitable ingredients in each of the following categories is added to the tomato\
\ ingredients specified in paragraph (a)(1) of this section:\n 1. {{< pincite identifier=\"a_2_i\" display=\"\
i\" >}} Vinegars.\n 1. {{< pincite identifier=\"a_2_ii\" display=\"ii\" >}} Nutritive carbohydrate sweeteners.\
\ Such sweeteners if defined in part 168 of this chapter shall be as defined therein.\n 1. {{< pincite\
\ identifier=\"a_2_iii\" display=\"iii\" >}} Spices, flavoring, onions, or garlic.\n { .parens-lower-roman\
\ }\n 1. {{< pincite identifier=\"a_3\" display=\"3\" >}} *Labeling.*\n 1. {{< pincite identifier=\"\
a_3_i\" display=\"i\" >}} The name of the food is “Catsup,” “Ketchup,” or “Catchup.”\n 1. {{< pincite\
\ identifier=\"a_3_ii\" display=\"ii\" >}} The following shall be included as part of the name or in close proximity\
\ to the name of the food:\n\n\n (*a*) The statement “Made from” or “Made in part from,” as the case\
\ may be, “residual tomato material from canning” if the optional tomato ingredient specified in paragraph (a)(1)(iii)\
\ of this section or tomato concentrate containing the ingredient specified in § 155.191(a)(1)(ii) is present.\n\
\n\n\n (*b*) The statement “Made from” or “Made in part from,” as the case may be, “residual tomato\
\ material from partial extraction of juice” if the optional tomato ingredient specified in paragraph (a)(1)(iv)\
\ of this section or tomato concentrate containing the ingredient specified in § 155.191(a)(1)(iii) is present.\n\
\ 1. {{< pincite identifier=\"a_3_iii\" display=\"iii\" >}} *Label declaration.* Each of the ingredients\
\ used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130\
\ of this chapter; except that the name “tomato concentrate” may be used in lieu of the names “tomato puree,”\
\ “tomato pulp,” or “tomato paste” and when tomato concentrates are used, the labeling requirements of § 155.191(a)(3)(ii)(*a*)\
\ and (a)(3)(ii)(*b*) do not apply.\n { .parens-lower-roman }\n { .parens-decimal }\n1. {{< pincite\
\ identifier=\"b\" display=\"b\" >}} *Quality.*\n 1. {{< pincite identifier=\"b_1\" display=\"1\" >}} The\
\ standard of quality for catsup is as follows: The consistency of the finished food is such that its flow is\
\ not more than 14 centimeters in 30 seconds at 20 °C when tested in a Bostwick Consistometer in the following\
\ manner: Check temperature of mixture and adjust to 20±1 °C. The trough must also be at a temperature close to\
\ 20 °C. Adjust end-to-end level of Bostwick Consistometer by means of the spirit level placed in trough of instrument.\
\ Side-to-side level may be adjusted by means of the built-in spirit level. Transfer sample to the dry sample\
\ chamber of the Bostwick Consistometer. Fill the chamber slightly more than level full, avoiding air bubbles\
\ as far as possible. Pass a straight edge across top of chamber starting from the gate end to remove excess product.\
\ Release gate of instrument by gradual pressure on lever, holding the instrument down at the same time to prevent\
\ its movement as the gate is released. Immediately start the stop watch or interval timer, and after 30 seconds\
\ read the maximum distance of flow to the nearest 0.1 centimeter. Clean and dry the instrument and repeat the\
\ reading on another portion of sample. Do not wash instrument with hot water if it is to be used immediately\
\ for the next determination, as this may result in an increase in temperature of the sample. For highest accuracy,\
\ the instrument should be maintained at a temperature of 20±1 °C. If readings vary more than 0.2 centimeter,\
\ repeat a third time or until satisfactory agreement is obtained. Report the average of two or more readings,\
\ excluding any that appear to be abnormal.\n 1. {{< pincite identifier=\"b_2\" display=\"2\" >}} Determine\
\ compliance as specified in § 155.3(b).\n 1. {{< pincite identifier=\"b_3\" display=\"3\" >}} If the quality\
\ of catsup falls below the standard prescribed in paragraphs (b) (1) and (2) of this section, the label shall\
\ bear the general statement of substandard quality specified in § 130.14(a) of this chapter, in the manner and\
\ form therein specified, but in lieu of such general statement of substandard quality when the quality of the\
\ catsup falls below the standard, the label may bear the alternative statement, “Below Standard in Quality-Low\
\ Consistency.”\n { .parens-decimal }\n1. {{< pincite identifier=\"c\" display=\"c\" >}} *Fill of container.*\n\
\ 1. {{< pincite identifier=\"c_1\" display=\"1\" >}} The standard of fill of container for catsup, as determined\
\ by the general method for fill of container prescribed in § 130.12(b) of this chapter, is not less than 90 percent\
\ of the total capacity except:\n 1. {{< pincite identifier=\"c_1_i\" display=\"i\" >}} When the food\
\ is frozen, or\n 1. {{< pincite identifier=\"c_1_ii\" display=\"ii\" >}} When the food is packaged in\
\ individual serving-size packages containing 56.7 grams (2 ounces) or less.\n { .parens-lower-roman }\n\
\ 1. {{< pincite identifier=\"c_2\" display=\"2\" >}} Determine compliance as specified in § 155.3(b).\n \
\ 1. {{< pincite identifier=\"c_3\" display=\"3\" >}} If the catsup falls below the standard of fill prescribed\
\ in paragraphs (c) (1) and (2) of this section, the label shall bear the general statement of substandard fill\
\ as specified in § 130.14(b) of this chapter, in the manner and form therein specified.\n { .parens-decimal\
\ }\n{ .parens-lower-alpha }"
description: Rich text content in Commonmark with CSS annotations. Meant to be rendered into human-readable HTML
along with the OpenLaws Markdown stylesheet.
html_content:
type: string
example: '
- a Identity—(1) Definition. Catsup, ketchup, or catchup is the food
prepared from one or any combination of two or more of the following optional tomato ingredients:
- i Tomato concentrate as defined in § 155.191(a)(1), except that lemon
juice, concentrated lemon juice, or safe and suitable organic acids may be used in quantities no greater than
necessary to adjust the pH, and in compliance with § 155.191(b).
- ii The liquid derived from mature tomatoes of the red or reddish varieties
Lycopersicum esculentum P. Mill.
- iii The liquid obtained from the residue from preparing such tomatoes
for canning, consisting of peelings and cores with or without such tomatoes or pieces thereof.
- iv The liquid obtained from the residue from partial extraction of
juice from such tomatoes.
Such liquid is strained so as to exclude skins, seeds, and other coarse or hard substances in accordance with
current good manufacturing practice. Prior to straining, food-grade hydrochloric acid may be added to the tomato
material in an amount to obtain a pH no lower than 2.0. Such acid is then neutralized with food-grade sodium hydroxide
so that the treated tomato material is restored to a pH of 4.2±0.2. The final composition of the food may be adjusted
by concentration and/or by the addition of water. The food may contain salt (sodium chloride formed during acid
neutralization shall be considered added salt) and is seasoned with ingredients as specified in paragraph (a)(2)
of this section. The food is preserved by heat sterilization (canning), refrigeration, or freezing. When sealed
in a container to be held at ambient temperatures, it is so processed by heat, before or after sealing, as to
prevent spoilage.
- 2 Ingredients. One or any combination of two or more of the following
safe and suitable ingredients in each of the following categories is added to the tomato ingredients specified
in paragraph (a)(1) of this section:
- i Vinegars.
- ii Nutritive carbohydrate sweeteners. Such sweeteners if defined in
part 168 of this chapter shall be as defined therein.
- iii Spices, flavoring, onions, or garlic.
- 3 Labeling.
- i The name of the food is “Catsup,” “Ketchup,” or “Catchup.”
- ii The following shall be included as part of the name or in close
proximity to the name of the food:
- a The statement “Made from” or “Made in part from,” as the case may
be, “residual tomato material from canning” if the optional tomato ingredient specified in paragraph (a)(1)(iii)
of this section or tomato concentrate containing the ingredient specified in § 155.191(a)(1)(ii) is present.
- b The statement “Made from” or “Made in part from,” as the case may
be, “residual tomato material from partial extraction of juice” if the optional tomato ingredient specified in
paragraph (a)(1)(iv) of this section or tomato concentrate containing the ingredient specified in § 155.191(a)(1)(iii)
is present.
- iii Label declaration. Each of the ingredients used in the food shall
be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter; except that
the name “tomato concentrate” may be used in lieu of the names “tomato puree,” “tomato pulp,” or “tomato paste”
and when tomato concentrates are used, the labeling requirements of § 155.191
- a (3)(ii)(a) and (a)(3)(ii)(b) do not apply.
- b Quality.
- 1 The standard of quality for catsup is as follows: The consistency
of the finished food is such that its flow is not more than 14 centimeters in 30 seconds at 20 °C when tested
in a Bostwick Consistometer in the following manner: Check temperature of mixture and adjust to 20±1 °C. The trough
must also be at a temperature close to 20 °C. Adjust end-to-end level of Bostwick Consistometer by means of the
spirit level placed in trough of instrument. Side-to-side level may be adjusted by means of the built-in spirit
level. Transfer sample to the dry sample chamber of the Bostwick Consistometer. Fill the chamber slightly more
than level full, avoiding air bubbles as far as possible. Pass a straight edge across top of chamber starting
from the gate end to remove excess product. Release gate of instrument by gradual pressure on lever, holding the
instrument down at the same time to prevent its movement as the gate is released. Immediately start the stop watch
or interval timer, and after 30 seconds read the maximum distance of flow to the nearest 0.1 centimeter. Clean
and dry the instrument and repeat the reading on another portion of sample. Do not wash instrument with hot water
if it is to be used immediately for the next determination, as this may result in an increase in temperature of
the sample. For highest accuracy, the instrument should be maintained at a temperature of 20±1 °C. If readings
vary more than 0.2 centimeter, repeat a third time or until satisfactory agreement is obtained. Report the average
of two or more readings, excluding any that appear to be abnormal.
- 2 Determine compliance as specified in § 155.3(b).
- 3 If the quality of catsup falls below the standard prescribed in paragraphs
(b) (1) and (2) of this section, the label shall bear the general statement of substandard quality specified in
§ 130.14(a) of this chapter, in the manner and form therein specified, but in lieu of such general statement of
substandard quality when the quality of the catsup falls below the standard, the label may bear the alternative
statement, “Below Standard in Quality—Low Consistency.”
- c Fill of container. (1) The standard of fill of container for catsup,
as determined by the general method for fill of container prescribed in § 130.12(b) of this chapter, is not less
than 90 percent of the total capacity except:
- i When the food is frozen, or
- ii When the food is packaged in individual serving-size packages containing
56.7 grams (2 ounces) or less.
- 2 Determine compliance as specified in § 155.3(b).
- 3 If the catsup falls below the standard of fill prescribed in paragraphs
(c) (1) and (2) of this section, the label shall bear the general statement of substandard fill as specified in
§ 130.14(b) of this chapter, in the manner and form therein specified.
'
description: '**(Law Firm and Enterprise plans only)** Rich text content rendered from the Markdown to HTML with
TailwindCSS styling and OpenLaws'' Markdown stylesheet.'
annotations:
type:
- string
- 'null'
example: '[48 FR 3956, Jan. 28, 1983, as amended at 49 FR 15073, Apr. 17, 1984; 58 FR 2883, Jan. 6, 1993]'
description: Annotations and interpretations if available from the official source.
display_ancestors:
type: array
items:
$ref: '#/components/schemas/DivisionDisplay'
example:
- display_name: 'Title 21: Food and Drugs'
path: title_21.chapter_i.subchapter_b.part_155.subpart_b.section_155_194
- display_name: 'Chapter I: Food and Drug Administration, Department of Health and Human Services'
path: title_21.chapter_i
- display_name: 'Subchapter B: Food for Human Consumption'
path: title_21.chapter_i.subchapter_b.part_155.subpart_b.section_155_194
- display_name: 'Part 155: Canned Vegetables'
path: title_21.chapter_i.subchapter_b.part_155
- display_name: 'Subpart B: Requirements for Specific Standardized Canned Vegetables'
path: title_21.chapter_i.subchapter_b.part_155.subpart_b
description: '**(Law Firm and Enterprise plans only)** Array of ancestors Divisions with display_name and paths.
This can be used to render navigation breadcrumbs or to give LLMs context for the current Division.'
display_children:
type: array
items:
$ref: '#/components/schemas/DivisionDisplay'
example: []
description: '**(Law Firm and Enterprise plans only)** Array of children Divisions with display_name and paths.
This can be used to render a list of child Divisions for the current Division.'
source_url:
type: string
example: https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-155/subpart-B/section-155.194
description: '**(Law Firm and Enterprise plans only)** Authoritative Source URL for law. Deep-links to the source
where supported.'
current_as_of:
$ref: '#/components/schemas/NullableDate'
description: '**(Law Firm and Enterprise plans only)** The ISO 8601 date of when the last time the Law was checked
for changes.'
example: '2025-03-01'
updated_at:
$ref: '#/components/schemas/NullableDate'
description: '**(Law Firm and Enterprise plans only)** The ISO 8601 date of when this Division''s source was updated.'
example: '1993-01-06'
is_repealed:
type:
- boolean
- 'null'
example: null
description: (Experimental) Whether the Division is repealed, contingent repealed, or no longer effective.
is_reserved:
type:
- boolean
- 'null'
example: null
description: (Experimental) Whether the Division identifier and range_end_identifier are reserved by the Jurisdiction.
renumbered:
type:
- string
- 'null'
example: null
description: (Experimental) Contains the new identifier and location where the Division was renumbered to.
required:
- jurisdiction_key
- law_key
- label
- path
- division_type
- identifier
- range_end_identifier
- name
- display_name
- effective_date_start
- effective_date_end
- plaintext_content
- markdown_content
- annotations
- display_ancestors
- display_children
- is_repealed
- renumbered
DivisionDisplay:
description: Minimal subset of Division properties. Useful for building lists and drill downs of Division hierarchies.
type: object
properties:
display_name:
type: string
example: 'Title 1: Government'
description: 'OpenLaws concatenation of the division_type, identifier, and name along with some business logic to
create a reliable, human-friendly string to use for display for this Division. For example, ''Title 12: Banking
and Finance'''
path:
type: string
example: title_1
description: The concatenation of all of the Division's ancestors' labels resulting in a filepath-like string
required:
- display_name
- path
Opinion:
description: Court opinions that resembles the CourtListener schema but is modeled to be focused on the Opinion as the
central concept.
type: object
properties:
case_name:
type: string
example: Brown v. Board of Education
description: Full case name including first and second parties
jurisdiction_key:
type: string
example: FED
description: Two to three letter Jurisdiction Key. `FED` for federal and generally, the postal abbreviation for
most U.S. states and territories.
court:
description: Court
$ref: '#/components/schemas/Court'
docket_number:
type: string
example: NO. 1
description: Court docket identifier for the opinion
date_filed:
type: string
format: date
example: '1954-05-17'
description: Date which the opinion was filed (ISO formatted date)
judges:
type: string
example: Warren
description: Name of judges if available
attorneys:
type: string
example: Robert L. Carter argued the cause for appellants in No. 1 on the original argument and on the reargument.
Thurgood Marshall argued the cause for appellants in No. 2 on the original argument and Spottswood W. Robinson,
III, for appellants in No. 4 on the original argument, and both argued the causes for appellants in Nos. 2 and
4 on the reargument. Louis L. Redding and Jack Green-berg argued the cause for respondents in No. 10 on the original
argument and Jack Greenberg and Thurgood Marshall on the reargument., On the briefs were Robert L. Carter, Thurgood
Marshall, Spottswood W. Robinson, III, Louis L. Redding, Jack Greenberg, George E. C. Hayes, William R. Ming,
Jr., Constance Baker Motley, James M. Nabrit, Jr., Charles S. Scott, Frank D. Reeves, Harold R. Boulware and Oliver
W. Hill for appellants in Nos. 1, 2 and 4 and respondents in No. 10; George M. Johnson for appellants in Nos.
1, 2 and 4; and Loren Miller for appellants in Nos. 2 and 4. Arthur D. Shores and A. T. Walden were on the Statement
as to Jurisdiction and a brief opposing a Motion to Dismiss or Affirm in No. 2., Paul E. Wilson, Assistant Attorney
General of Kansas, argued the cause for appellees in No. 1 on the original argument and on the reargument. With
him on the briefs was Harold R. Fatzer, Attorney General., John W. Davis argued the cause for appellees in No.
2 on the original argument and for appellees in Nos. 2 and 4 on the reargument. With him on the briefs in No.
2 were T. C. Callison, Attorney General of South Carolina, Robert McC. Figg, Jr., S. E. Rogers, William R. Meagher
and Taggart Whipple., J. Lindsay Almond, Jr., Attorney General of Virginia, and T. Justin Moore argued the cause
for appellees in No. 4 on the original argument and for appellees in Nos. 2 and 4 on the reargument. On the briefs
in No. 4 were J. Lindsay Almond, Jr., Attorney General, and Henry T. Wickham, Special Assistant Attorney General,
for the State of Virginia, and T. Justin Moore, Archibald O. Robertson, John W. Riely and T. Justin Moore, Jr.
for the Prince Edward County School Authorities, appellees., H. Albert Young, Attorney General of Delaware, argued
the cause for petitioners in No. 10 on the original argument and on the reargument. With him on the briefs was
Louis J. Finger, Special Deputy Attorney General., By special leave of Court, Assistant Attorney General Rankin
argued the cause for the United States on the reargument, as amicus curiae, urging reversal in Nos. 1, 2 and 4
and affirmance in No. 10. With him on the brief were Attorney General Brownell, Philip Elman, Leon Ulman, William
J. Lamont and M. Magdelena Schoch. James P. McGranery, then Attorney General, and Philip Elman filed a brief for
the United States on the original argument, as amicus curiae, urging reversal in Nos. 1, 2 and 4 and affirmance
in No. 10., Briefs of amici curiae supporting appellants in No. 1 were filed by Shad Polier, Will Maslow and Joseph
B. Robison for the American Jewish Congress; by Edwin J. Lukas, Arnold Forster, Arthur Garfield Hays, Frank E.
Karelsen, Leonard Haas, Saburo Kido and Theodore Leskes for the American Civil Liberties Union et al.; and by
John Ligtenberg and Selma M. Borchardt for the American Federation of Teachers. Briefs of amici curiae supporting
appellants in No. 1 and respondents in No. 10 were filed by Arthur J. Goldberg and Thomas E. Harris for the Congress
of Industrial Organizations and by Phineas Indritz for the American Veterans Committee, Inc.
description: Name of attorneys if available
first_party:
type: string
example: Brown
second_party:
type: string
example: Board of Education
precedential_status:
type: string
example: Published
description: Published or unpublished
headmatter:
type: string
example: '## Parties
BROWN et al.
v.
BOARD OF EDUCATION OF TOPEKA et al.
## Docket Number
NO. 1.
## Other Date
Argued December 9, 1952.
## Other Date
Reargued December 8, 1953.
## Decision Date
Decided May 17, 1954.
## Attorneys
Robert L. Carter
argued the cause for appellants in No. 1 on the original argument and on the reargument.
Thurgood Marshall
argued the cause for appellants in No. 2 on the original argument and
Spottswood W. Robinson, III,
for appellants in No. 4 on the original argument, and both argued the causes for appellants in Nos. 2 and 4 on
the reargument.
Louis L. Redding
and
Jack Green-berg
argued the cause for respondents in No. 10 on the original argument and
Jack Greenberg
and
Thurgood Marshall
on the reargument.
## Attorneys
On the briefs were
Robert L. Carter, Thurgood Marshall, Spottswood W. Robinson, III, Louis L. Redding, Jack Greenberg, George E.
C. Hayes, William R. Ming, Jr., Constance Baker Motley, James M. Nabrit, Jr., Charles S. Scott, Frank D. Reeves,
Harold R. Boulware
and
Oliver W. Hill
for appellants in Nos. 1, 2 and 4 and respondents in No. 10;
George M. Johnson
for appellants in Nos. 1, 2 and 4; and
Loren Miller
for appellants in Nos. 2 and 4.
Arthur D. Shores
and
A. T. Walden
were on the Statement as to Jurisdiction and a brief opposing a Motion to Dismiss or Affirm in No. 2.
## Attorneys
Paul E. Wilson,
Assistant Attorney General of Kansas, argued the cause for appellees in No. 1 on the original argument and on
the reargument. With him on the briefs was
Harold R. Fatzer,
Attorney General.
## Attorneys
John W. Davis
argued the cause for appellees in No. 2 on the original argument and for appellees in Nos. 2 and 4 on the reargument.
With him on the briefs in No. 2 were
T. C. Callison,
Attorney General of South Carolina,
Robert McC. Figg, Jr., S. E. Rogers, William R. Meagher
and
Taggart Whipple.
## Attorneys
J. Lindsay Almond, Jr.,
Attorney General of Virginia, and
T. Justin Moore
argued the cause for appellees in No. 4 on the original argument and for appellees in Nos. 2 and 4 on the reargument.
On the briefs in No. 4 were
J. Lindsay Almond, Jr.,
Attorney General, and
Henry T. Wickham,
Special Assistant Attorney General, for the State of Virginia, and
T. Justin Moore, Archibald O. Robertson, John W. Riely
and
T. Justin Moore, Jr.
for the Prince Edward County School Authorities, appellees.
## Attorneys
H. Albert Young,
Attorney General of Delaware, argued the cause for petitioners in No. 10 on the original argument and on the reargument.
With him on the briefs was
Louis J. Finger,
Special Deputy Attorney General.
## Attorneys
By special leave of Court,
Assistant Attorney General Rankin
argued the cause for the United States on the reargument, as
amicus curiae,
urging reversal in Nos. 1, 2 and 4 and affirmance in No. 10. With him on the brief were
Attorney General Brownell, Philip Elman, Leon Ulman, William J. Lamont
and
M. Magdelena Schoch. James P. McGranery,
then Attorney General, and
Philip Elman
filed a brief for the United States on the original argument, as
amicus curiae,
urging reversal in Nos. 1, 2 and 4 and affirmance in No. 10.
## Attorneys
Briefs of
amici curiae
supporting appellants in No. 1 were filed by
Shad Polier, Will Maslow
and
Joseph B. Robison
for the American Jewish Congress; by
Edwin J. Lukas, Arnold Forster, Arthur Garfield Hays, Frank E. Karelsen, Leonard Haas, Saburo Kido
and
Theodore Leskes
for the American Civil Liberties Union et al.; and by
John Ligtenberg
and
Selma M. Borchardt
for the American Federation of Teachers. Briefs of
amici curiae
supporting appellants in No. 1 and respondents in No. 10 were filed by
Arthur J. Goldberg
and
Thomas E. Harris
for the Congress of Industrial Organizations and by
Phineas Indritz
for the American Veterans Committee, Inc.'
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BROWN ET AL.
v.
BOARD OF EDUCATION OF TOPEKA ET AL.
No. 1.
Supreme Court of United States.
Argued December 9, 1952.
Reargued December 8, 1953.
Decided May 17, 1954.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS.[*]*484 Robert L. Carter argued the cause
for appellants in No. 1 on the original argument and on the reargument. Thurgood Marshall argued the cause for
appellants in No. 2 on the original argument and Spottswood W. Robinson, III, for appellants in No. 4 on the original
argument, and both argued the causes for appellants in Nos. 2 and 4 on the reargument. Louis L. Redding and Jack
Greenberg argued the cause for respondents in No. 10 on the original argument and Jack Greenberg and Thurgood
Marshall on the reargument.
On the briefs were Robert L. Carter, Thurgood Marshall, Spottswood W. Robinson, III, Louis L. Redding, Jack Greenberg,
George E. C. Hayes, William R. Ming, Jr., Constance Baker Motley, James M. Nabrit, Jr., Charles S. Scott, Frank
D. Reeves, Harold R. Boulware and Oliver W. Hill for appellants in Nos. 1, 2 and 4 and respondents in No. 10;
George M. Johnson for appellants in Nos. 1, 2 and 4; and Loren Miller for appellants in Nos. 2 and 4. Arthur D.
Shores and A. T. Walden were on the Statement as to Jurisdiction and a brief opposing a Motion to Dismiss or Affirm
in No. 2.
Paul E. Wilson, Assistant Attorney General of Kansas, argued the cause for appellees in No. 1 on the original
argument and on the reargument. With him on the briefs was Harold R. Fatzer, Attorney General.
John W. Davis argued the cause for appellees in No. 2 on the original argument and for appellees in Nos. 2 and
4 on the reargument. With him on the briefs in No. 2 were T. C. Callison, Attorney General of South Carolina,
Robert McC. Figg, Jr., S. E. Rogers, William R. Meagher and Taggart Whipple.
*485 J. Lindsay Almond, Jr., Attorney General of Virginia, and T. Justin Moore argued the cause for appellees
in No. 4 on the original argument and for appellees in Nos. 2 and 4 on the reargument. On the briefs in No. 4
were J. Lindsay Almond, Jr., Attorney General, and Henry T. Wickham, Special Assistant Attorney General, for the
State of Virginia, and T. Justin Moore, Archibald G. Robertson, John W. Riely and T. Justin Moore, Jr. for the
Prince Edward County School Authorities, appellees.
H. Albert Young, Attorney General of Delaware, argued the cause for petitioners in No. 10 on the original argument
and on the reargument. With him on the briefs was Louis J. Finger, Special Deputy Attorney General.
By special leave of Court, Assistant Attorney General Rankin argued the cause for the United States on the reargument,
as amicus curiae, urging reversal in Nos. 1, 2 and 4 and affirmance in No. 10. With him on the brief were Attorney
General Brownell, Philip Elman, Leon Ulman, William J. Lamont and M. Magdelena Schoch. James P. McGranery, then
Attorney General, and Philip Elman filed a brief for the United States on the original argument, as amicus curiae,
urging reversal in Nos. 1, 2 and 4 and affirmance in No. 10.
Briefs of amici curiae supporting appellants in No. 1 were filed by Shad Polier, Will Maslow and Joseph B. Robison
for the American Jewish Congress; by Edwin J. Lukas, Arnold Forster, Arthur Garfield Hays, Frank E. Karelsen,
Leonard Haas, Saburo Kido and Theodore Leskes for the American Civil Liberties Union et al.; and by John Ligtenberg
and Selma M. Borchardt for the American Federation of Teachers. Briefs of amici curiae supporting appellants in
No. 1 and respondents in No. 10 were filed by Arthur J. Goldberg and Thomas E. Harris *486 for the Congress of
Industrial Organizations and by Phineas Indritz for the American Veterans Committee, Inc.
MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.
These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on
different facts and different local conditions, but a common legal question justifies their consideration together
in this consolidated opinion.[1]
*487 In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the
courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance,
*488 they had been denied admission to schools attended by white children under laws requiring or permitting segregation
according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws
under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district
court denied relief to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in
Plessy v. Ferguson, 163 U.S. 537. Under that doctrine, equality of treatment is accorded when the races are provided
substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court
of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because
of their superiority to the Negro schools.
The plaintiffs contend that segregated public schools are not "equal" and cannot be made "equal," and that hence
they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented,
the Court took jurisdiction.[2] Argument was heard in the 1952 Term, and reargument was heard this Term on certain
questions propounded by the Court.[3]
*489 Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment
in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then
existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion
and our own investigation convince us that, although these sources cast some light, it is not enough to resolve
the problem with which we are faced. At best, they are inconclusive. The most avid proponents of the post-War
Amendments undoubtedly intended them to remove all legal distinctions among "all persons born or naturalized in
the United States." Their opponents, just as certainly, were antagonistic to both the letter and the spirit of
the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures
had in mind cannot be determined with any degree of certainty.
An additional reason for the inconclusive nature of the Amendment''s history, with respect to segregated schools,
is the status of public education at that time.[4] In the South, the movement toward free common schools, supported
*490 by general taxation, had not yet taken hold. Education of white children was largely in the hands of private
groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact,
any education of Negroes was forbidden by law in some states. Today, in contrast, many Negroes have achieved outstanding
success in the arts and sciences as well as in the business and professional world. It is true that public school
education at the time of the Amendment had advanced further in the North, but the effect of the Amendment on Northern
States was generally ignored in the congressional debates. Even in the North, the conditions of public education
did not approximate those existing today. The curriculum was usually rudimentary; ungraded schools were common
in rural areas; the school term was but three months a year in many states; and compulsory school attendance was
virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the
Fourteenth Amendment relating to its intended effect on public education.
In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the
Court interpreted it as proscribing all state-imposed discriminations against the Negro race.[5] The doctrine
of *491 "separate but equal" did not make its appearance in this Court until 1896 in the case of Plessy v. Ferguson,
supra, involving not education but transportation.[6] American courts have since labored with the doctrine for
over half a century. In this Court, there have been six cases involving the "separate but equal" doctrine in the
field of public education.[7] In Cumming v. County Board of Education, 175 U.S. 528, and Gong Lum v. Rice, 275
U.S. 78, the validity of the doctrine itself was not challenged.[8] In more recent cases, all on the graduate
school *492 level, inequality was found in that specific benefits enjoyed by white students were denied to Negro
students of the same educational qualifications. Missouri ex rel. Gaines v. Canada, 305 U.S. 337; Sipuel v. Oklahoma,
332 U.S. 631; Sweatt v. Painter, 339 U.S. 629; McLaurin v. Oklahoma State Regents, 339 U.S. 637. In none of these
cases was it necessary to re-examine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter,
supra, the Court expressly reserved decision on the question whether Plessy v. Ferguson should be held inapplicable
to public education.
In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings
below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings,
curricula, qualifications and salaries of teachers, and other "tangible" factors.[9] Our decision, therefore,
cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of
the cases. We must look instead to the effect of segregation itself on public education.
In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to
1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development
and its present place in American life throughout *493 the Nation. Only in this way can it be determined if segregation
in public schools deprives these plaintiffs of the equal protection of the laws.
Today, education is perhaps the most important function of state and local governments. Compulsory school attendance
laws and the great expenditures for education both demonstrate our recognition of the importance of education
to our democratic society. It is required in the performance of our most basic public responsibilities, even service
in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening
the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally
to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life
if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide
it, is a right which must be made available to all on equal terms.
We come then to the question presented: Does segregation of children in public schools solely on the basis of
race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the
minority group of equal educational opportunities? We believe that it does.
In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal
educational opportunities, this Court relied in large part on "those qualities which are incapable of objective
measurement but which make for greatness in a law school." In McLaurin v. Oklahoma State Regents, supra, the Court,
in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted
to intangible considerations: ". . . his ability to study, to engage in discussions and exchange views with other
students, and, in general, to learn his profession." *494 Such considerations apply with added force to children
in grade and high schools. To separate them from others of similar age and qualifications solely because of their
race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds
in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well
stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro
plaintiffs:
"Segregation of white and colored children in public schools has a detrimental effect upon the colored children.
The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted
as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn.
Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development
of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school
system."[10]
Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is
amply supported by modern authority.[11] Any language *495 in Plessy v. Ferguson contrary to this finding is rejected.
We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate
educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated
for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal
protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion
whether such segregation also violates the Due Process Clause of the Fourteenth Amendment.[12]
Because these are class actions, because of the wide applicability of this decision, and because of the great
variety of local conditions, the formulation of decrees in these cases presents problems of considerable complexity.
On reargument, the consideration of appropriate relief was necessarily subordinated to the primary question the
constitutionality of segregation in public education. We have now announced that such segregation is a denial
of the equal protection of the laws. In order that we may have the full assistance of the parties in formulating
decrees, the cases will be restored to the docket, and the parties are requested to present further argument on
Questions 4 and 5 previously propounded by the Court for the reargument this Term.[13] The Attorney General *496
of the United States is again invited to participate. The Attorneys General of the states requiring or permitting
segregation in public education will also be permitted to appear as amici curiae upon request to do so by September
15, 1954, and submission of briefs by October 1, 1954.[14]
It is so ordered.
NOTES
[*] Together with No. 2, Briggs et al. v. Elliott et al., on appeal from the United States District Court for
the Eastern District of South Carolina, argued December 9-10, 1952, reargued December 7-8, 1953; No. 4, Davis
et al. v. County School Board of Prince Edward County, Virginia, et al., on appeal from the United States District
Court for the Eastern District of Virginia, argued December 10, 1952, reargued December 7-8, 1953; and No. 10,
Gebhart et al. v. Belton et al., on certiorari to the Supreme Court of Delaware, argued December 11, 1952, reargued
December 9, 1953.
[1] In the Kansas case, Brown v. Board of Education, the plaintiffs are Negro children of elementary school age
residing in Topeka. They brought this action in the United States District Court for the District of Kansas to
enjoin enforcement of a Kansas statute which permits, but does not require, cities of more than 15,000 population
to maintain separate school facilities for Negro and white students. Kan. Gen. Stat. § 72-1724 (1949). Pursuant
to that authority, the Topeka Board of Education elected to establish segregated elementary schools. Other public
schools in the community, however, are operated on a nonsegregated basis. The three-judge District Court, convened
under 28 U.S. C. §§ 2281 and 2284, found that segregation in public education has a detrimental effect upon Negro
children, but denied relief on the ground that the Negro and white schools were substantially equal with respect
to buildings, transportation, curricula, and educational qualifications of teachers. 98 F. Supp. 797. The case
is here on direct appeal under 28 U.S. C. § 1253.
In the South Carolina case, Briggs v. Elliott, the plaintiffs are Negro children of both elementary and high school
age residing in Clarendon County. They brought this action in the United States District Court for the Eastern
District of South Carolina to enjoin enforcement of provisions in the state constitution and statutory code which
require the segregation of Negroes and whites in public schools. S. C. Const., Art. XI, § 7; S. C. Code § 5377
(1942). The three-judge District Court, convened under 28 U.S. C. §§ 2281 and 2284, denied the requested relief.
The court found that the Negro schools were inferior to the white schools and ordered the defendants to begin
immediately to equalize the facilities. But the court sustained the validity of the contested provisions and denied
the plaintiffs admission to the white schools during the equalization program. 98 F. Supp. 529. This Court vacated
the District Court''s judgment and remanded the case for the purpose of obtaining the court''s views on a report
filed by the defendants concerning the progress made in the equalization program. 342 U.S. 350. On remand, the
District Court found that substantial equality had been achieved except for buildings and that the defendants
were proceeding to rectify this inequality as well. 103 F. Supp. 920. The case is again here on direct appeal
under 28 U.S. C. § 1253.
In the Virginia case, Davis v. County School Board, the plaintiffs are Negro children of high school age residing
in Prince Edward county. They brought this action in the United States District Court for the Eastern District
of Virginia to enjoin enforcement of provisions in the state constitution and statutory code which require the
segregation of Negroes and whites in public schools. Va. Const., § 140; Va. Code § 22-221 (1950). The three-judge
District Court, convened under 28 U.S. C. §§ 2281 and 2284, denied the requested relief. The court found the Negro
school inferior in physical plant, curricula, and transportation, and ordered the defendants forthwith to provide
substantially equal curricula and transportation and to "proceed with all reasonable diligence and dispatch to
remove" the inequality in physical plant. But, as in the South Carolina case, the court sustained the validity
of the contested provisions and denied the plaintiffs admission to the white schools during the equalization program.
103 F. Supp. 337. The case is here on direct appeal under 28 U.S. C. § 1253.
In the Delaware case, Gebhart v. Belton, the plaintiffs are Negro children of both elementary and high school
age residing in New Castle County. They brought this action in the Delaware Court of Chancery to enjoin enforcement
of provisions in the state constitution and statutory code which require the segregation of Negroes and whites
in public schools. Del. Const., Art. X, § 2; Del. Rev. Code § 2631 (1935). The Chancellor gave judgment for the
plaintiffs and ordered their immediate admission to schools previously attended only by white children, on the
ground that the Negro schools were inferior with respect to teacher training, pupil-teacher ratio, extracurricular
activities, physical plant, and time and distance involved in travel. 87 A.2d 862. The Chancellor also found that
segregation itself results in an inferior education for Negro children (see note 10, infra), but did not rest
his decision on that ground. Id., at 865. The Chancellor''s decree was affirmed by the Supreme Court of Delaware,
which intimated, however, that the defendants might be able to obtain a modification of the decree after equalization
of the Negro and white schools had been accomplished. 91 A.2d 137, 152. The defendants, contending only that the
Delaware courts had erred in ordering the immediate admission of the Negro plaintiffs to the white schools, applied
to this Court for certiorari. The writ was granted, 344 U.S. 891. The plaintiffs, who were successful below, did
not submit a cross-petition.
[2] 344 U.S. 1, 141, 891.
[3] 345 U.S. 972. The Attorney General of the United States participated both Terms as amicus curiae.
[4] For a general study of the development of public education prior to the Amendment, see Butts and Cremin,
A History of Education in American Culture (1953), Pts. I, II; Cubberley, Public Education in the United States
(1934 ed.), cc. II-XII. School practices current at the time of the adoption of the Fourteenth Amendment are described
in Butts and Cremin, supra, at 269-275; Cubberley, supra, at 288-339, 408-431; Knight, Public Education in the
South (1922), cc. VIII, IX. See also H. Ex. Doc. No. 315, 41st Cong., 2d Sess. (1871). Although the demand for
free public schools followed substantially the same pattern in both the North and the South, the development in
the South did not begin to gain momentum until about 1850, some twenty years after that in the North. The reasons
for the somewhat slower development in the South (e. g., the rural character of the South and the different regional
attitudes toward state assistance) are well explained in Cubberley, supra, at 408-423. In the country as a whole,
but particularly in the South, the War virtually stopped all progress in public education. Id., at 427-428. The
low status of Negro education in all sections of the country, both before and immediately after the War, is described
in Beale, A History of Freedom of Teaching in American Schools (1941), 112-132, 175-195. Compulsory school attendance
laws were not generally adopted until after the ratification of the Fourteenth Amendment, and it was not until
1918 that such laws were in force in all the states. Cubberley, supra, at 563-565.
[5] Slaughter-House Cases, 16 Wall. 36, 67-72 (1873); Strauder v. West Virginia, 100 U.S. 303, 307-308 (1880):
"It ordains that no State shall deprive any person of life, liberty, or property, without due process of law,
or deny to any person within its jurisdiction the equal protection of the laws. What is this but declaring that
the law in the States shall be the same for the black as for the white; that all persons, whether colored or white,
shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the
amendment was primarily designed, that no discrimination shall be made against them by law because of their color?
The words of the amendment, it is true, are prohibitory, but they contain a necessary implication of a positive
immunity, or right, most valuable to the colored race,the right to exemption from unfriendly legislation against
them distinctively as colored,exemption from legal discriminations, implying inferiority in civil society, lessening
the security of their enjoyment of the rights which others enjoy, and discriminations which are steps towards
reducing them to the condition of a subject race."
See also Virginia v. Rives, 100 U.S. 313, 318 (1880); Ex parte Virginia, 100 U.S. 339, 344-345 (1880).
[6] The doctrine apparently originated in Roberts v. City of Boston, 59 Mass. 198, 206 (1850), upholding school
segregation against attack as being violative of a state constitutional guarantee of equality. Segregation in
Boston public schools was eliminated in 1855. Mass. Acts 1855, c. 256. But elsewhere in the North segregation
in public education has persisted in some communities until recent years. It is apparent that such segregation
has long been a nationwide problem, not merely one of sectional concern.
[7] See also Berea College v. Kentucky, 211 U.S. 45 (1908).
[8] In the Cumming case, Negro taxpayers sought an injunction requiring the defendant school board to discontinue
the operation of a high school for white children until the board resumed operation of a high school for Negro
children. Similarly, in the Gong Lum case, the plaintiff, a child of Chinese descent, contended only that state
authorities had misapplied the doctrine by classifying him with Negro children and requiring him to attend a Negro
school.
[9] In the Kansas case, the court below found substantial equality as to all such factors. 98 F. Supp. 797, 798.
In the South Carolina case, the court below found that the defendants were proceeding "promptly and in good faith
to comply with the court''s decree." 103 F. Supp. 920, 921. In the Virginia case, the court below noted that the
equalization program was already "afoot and progressing" (103 F. Supp. 337, 341); since then, we have been advised,
in the Virginia Attorney General''s brief on reargument, that the program has now been completed. In the Delaware
case, the court below similarly noted that the state''s equalization program was well under way. 91 A.2d 137,
149.
[10] A similar finding was made in the Delaware case: "I conclude from the testimony that in our Delaware society,
State-imposed segregation in education itself results in the Negro children, as a class, receiving educational
opportunities which are substantially inferior to those available to white children otherwise similarly situated."
87 A.2d 862, 865.
[11] K. B. Clark, Effect of Prejudice and Discrimination on Personality Development (Midcentury White House Conference
on Children and Youth, 1950); Witmer and Kotinsky, Personality in the Making (1952), c. VI; Deutscher and Chein,
The Psychological Effects of Enforced Segregation: A Survey of Social Science Opinion, 26 J. Psychol. 259 (1948);
Chein, What are the Psychological Effects of Segregation Under Conditions of Equal Facilities?, 3 Int. J. Opinion
and Attitude Res. 229 (1949); Brameld, Educational Costs, in Discrimination and National Welfare (MacIver, ed.,
(1949), 44-48; Frazier, The Negro in the United States (1949), 674-681. And see generally Myrdal, An American
Dilemma (1944).
[12] See Bolling v. Sharpe, post, p. 497, concerning the Due Process Clause of the Fifth Amendment.
[13] "4. Assuming it is decided that segregation in public schools violates the Fourteenth Amendment
"(a) would a decree necessarily follow providing that, within the limits set by normal geographic school districting,
Negro children should forthwith be admitted to schools of their choice, or
"(b) may this Court, in the exercise of its equity powers, permit an effective gradual adjustment to be brought
about from existing segregated systems to a system not based on color distinctions?
"5. On the assumption on which questions 4 (a) and (b) are based, and assuming further that this Court will exercise
its equity powers to the end described in question 4 (b),
"(a) should this Court formulate detailed decrees in these cases;
"(b) if so, what specific issues should the decrees reach;
"(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for
such decrees;
"(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases,
and if so what general directions should the decrees of this Court include and what procedures should the courts
of first instance follow in arriving at the specific terms of more detailed decrees?"
[14] See Rule 42, Revised Rules of this Court (effective July 1, 1954).'
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type: string
example: scotus
description: Unique identifier for a Court. See the /jurisdictions/{jurisdiction_key}/courts endpoint for possible values.
withFederalParam:
name: with_federal
in: query
required: false
schema:
type: boolean
default: false
description: When with_federal=`true` with a state jurisdiction_key argument, the Federal jurisdiction will also be
included in the search scope.
limitParam:
name: limit
in: query
required: false
schema:
type: integer
minimum: 1
default: 10
description: Maximum number of results to return
pageParam:
name: page
in: query
required: false
schema:
type: string
description: Combines with `limit` to implement cursor-based pagination. This parameter sets the cursor to the next
page of data.
responses:
okArrayOfLaws:
description: Array of Laws
content:
application/json:
schema:
type: array
items:
$ref: '#/components/schemas/Law'
okSingleDivision:
description: Single Division
content:
application/json:
schema:
$ref: '#/components/schemas/Division'
okArrayOfDivisions:
description: Array of Divisions
content:
application/json:
schema:
type: array
items:
$ref: '#/components/schemas/Division'
okArrayOfDivisionUpdates:
description: Array of DivisionUpdates
headers:
link:
description: Comma-separated list of RFC-8288 links. The URL will be enclosed by angle brackets. A semicolon will
separate the URL from the relationship description. The relationship will be a key-value pair in the form of rel="{{relationship}}".
The relationship will either be "first" or "next". This describes which page the related URL will fetch.
schema:
type: string
example: ;
rel="first", ;
rel="next"
current-page:
description: Page ID for the current page
schema:
type: string
example: eyJwYXRoIjoidGl0bGVfMTYuY2hhcHRlcl84Ny5zZWN0aW9uXzY4MDMiLCJpZCI6IjA2YTVlOTY2LWFkZTQtNDZiZC1hM2VlLTcxZGZmZjk0Zjk1ZiJ9
page-items:
description: Number of items on each page. This matches the limit param.
schema:
type: integer
example: 200
content:
application/json:
schema:
type: array
items:
$ref: '#/components/schemas/DivisionUpdate'
okArrayOfOpinions:
description: Array of Opinions
content:
application/json:
schema:
type: array
items:
$ref: '#/components/schemas/Opinion'
unauthorized:
description: 401 Unauthorized. Please check your API Bearer token.
content:
application/json:
schema:
$ref: '#/components/schemas/Error'
badRequest:
description: 400 Bad Request. Please check your jurisdiction and citation format.
content:
application/json:
schema:
$ref: '#/components/schemas/Error'
notFound:
description: 404 Not Found
content:
application/json:
schema:
$ref: '#/components/schemas/Error'
serverError:
description: 500 Internal Server Error
content:
application/json:
schema:
$ref: '#/components/schemas/Error'
security:
- bearerAuth: []
x-ext-urls: {}