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Browder v Gayle: The Most Important Civil Rights Case You Never Heard Of
Browder v Gayle: The Most Important Civil Rights Case You Never Heard Of
Published: 2016/05/19
Channel: Teaching Tolerance
Browder vs Gayle
Browder vs Gayle
Published: 2015/05/21
Channel: Lydia Owens
Montgomery Bus Boycott 1955
Montgomery Bus Boycott 1955
Published: 2015/12/02
Channel: King Rose Archives
The Achievements of the Civil Rights Revolution—Browder v. Gayle: Challenging de jure Segregation
The Achievements of the Civil Rights Revolution—Browder v. Gayle: Challenging de jure Segregation
Published: 2013/02/15
Channel: Duke University School of Law
Browder v Gayle
Browder v Gayle
Published: 2017/07/20
Channel: Cosmo-D Productions
MTABR2
MTABR2
Published: 2016/02/25
Channel: Cosmo-D Productions
Boycott-Brown-Browder.mov
Boycott-Brown-Browder.mov
Published: 2010/02/07
Channel: willcoz16
Was Russian journalist and Putin critic poisoned twice?
Was Russian journalist and Putin critic poisoned twice?
Published: 2017/03/10
Channel: CBS This Morning
NYT reporter on the most important line in Trump Jr.
NYT reporter on the most important line in Trump Jr.'s emails
Published: 2017/07/12
Channel: CBS This Morning
Will the health care bill debate continue next week?
Will the health care bill debate continue next week?
Published: 2017/07/21
Channel: CBS This Morning
Rosa Parks — Ride to Justice
Rosa Parks — Ride to Justice
Published: 2015/12/01
Channel: United States Courts
The Montgomery Bus Boycott: The Fight Against Segregation *Final NHD 2017
The Montgomery Bus Boycott: The Fight Against Segregation *Final NHD 2017
Published: 2017/02/24
Channel: John Senti
Butler Browder at UUFM
Butler Browder at UUFM
Published: 2008/07/15
Channel: revpaulbritner
More details emerge about Trump Jr.
More details emerge about Trump Jr.'s Russia meeting
Published: 2017/07/15
Channel: CBS This Morning
MTABR PROMO
MTABR PROMO
Published: 2015/10/29
Channel: Cosmo-D Productions
Delta fires back at Ann Coulter in Twitter war
Delta fires back at Ann Coulter in Twitter war
Published: 2017/07/17
Channel: CBS This Morning
pro river
pro river
Published: 2014/12/05
Channel: William Waheed
Claudette Colvin  A Forgotten Civil Rights Hero video by Jose Rivera 2:8:16
Claudette Colvin A Forgotten Civil Rights Hero video by Jose Rivera 2:8:16
Published: 2016/02/10
Channel: Jose Rivera
Fentanyl overdose kills 10-year-old boy in Florida
Fentanyl overdose kills 10-year-old boy in Florida
Published: 2017/07/19
Channel: CBS This Morning
Richard Haass: "World is moving in the wrong direction"
Richard Haass: "World is moving in the wrong direction"
Published: 2017/07/19
Channel: CBS This Morning
Claudette Colvin
Claudette Colvin
Published: 2017/02/05
Channel: Black History
Claudette Colvin
Claudette Colvin
Published: 2014/07/12
Channel: Audiopedia
When Did The US Supreme Court Ruled That Bus Segregation Was Unconstitutional?
When Did The US Supreme Court Ruled That Bus Segregation Was Unconstitutional?
Published: 2017/07/20
Channel: sparky heights
Trump
Trump's trade policy could put American whiskey at war
Published: 2017/07/18
Channel: CBS This Morning
Rosa Parks: Biography, Facts, History, Bus Boycott, Early Life, Family, Quotes (2000)
Rosa Parks: Biography, Facts, History, Bus Boycott, Early Life, Family, Quotes (2000)
Published: 2016/12/11
Channel: Remember This
Montgomery Bus Boycott
Montgomery Bus Boycott
Published: 2014/03/09
Channel: Dan Boyle
ROSA PARKS BUS
ROSA PARKS BUS
Published: 2016/08/18
Channel: JAW BOB
Will Republicans be able to repeal Obamacare?
Will Republicans be able to repeal Obamacare?
Published: 2017/07/18
Channel: CBS This Morning
"The Chickens**t Club" author on why justice is rarely served on Wall Street
"The Chickens**t Club" author on why justice is rarely served on Wall Street
Published: 2017/07/22
Channel: CBS This Morning
From health care to Russia probe, lawmakers weigh in
From health care to Russia probe, lawmakers weigh in
Published: 2017/07/14
Channel: CBS This Morning
Why were cameras off when Minn. officer opened fire on yoga teacher?
Why were cameras off when Minn. officer opened fire on yoga teacher?
Published: 2017/07/17
Channel: CBS This Morning
Keys v. Carolina Coach Co. Top # 11 Facts
Keys v. Carolina Coach Co. Top # 11 Facts
Published: 2015/11/02
Channel: Gilberto
Tenn. judge trades reduced sentences for birth control procedures
Tenn. judge trades reduced sentences for birth control procedures
Published: 2017/07/21
Channel: CBS This Morning
Honoring Claudette Colvin -The Young Woman at the Origin of the Civil Rights Movement
Honoring Claudette Colvin -The Young Woman at the Origin of the Civil Rights Movement
Published: 2013/03/31
Channel: FanSmiles
Bill Browder on past dealings with Russian lawyer in Trump Jr. meeting
Bill Browder on past dealings with Russian lawyer in Trump Jr. meeting
Published: 2017/07/18
Channel: CBS This Morning
Yet Shackled Play - Scene 5 Rosa Parks
Yet Shackled Play - Scene 5 Rosa Parks
Published: 2013/03/03
Channel: Kaleem Wilson
Thurgood Marshall: Bio, Quotes, College, Facts, Law, Writings, U.S. Supreme Court Justice (1998)
Thurgood Marshall: Bio, Quotes, College, Facts, Law, Writings, U.S. Supreme Court Justice (1998)
Published: 2015/09/16
Channel: Way Back
Claudette Colvin: Twice Toward Justice
Claudette Colvin: Twice Toward Justice
Published: 2009/10/28
Channel: Curious City
Ex-Vatican hospital execs charged with embezzlement
Ex-Vatican hospital execs charged with embezzlement
Published: 2017/07/18
Channel: CBS This Morning
Mahalia Jackson - Everybody Talking
Mahalia Jackson - Everybody Talking' 'Bout Heaven, Didn't It Rain, Lord's Prayer Live @ Newport 1958
Published: 2014/03/26
Channel: MyRhythmNSoulTV
Dickerson on Trump
Dickerson on Trump's meeting with Putin at G20
Published: 2017/07/07
Channel: CBS This Morning
Rosa Parks (Rosa Louise McCauley Parks (February 4, 1913 – October 24, 2005))
Rosa Parks (Rosa Louise McCauley Parks (February 4, 1913 – October 24, 2005))
Published: 2016/04/07
Channel: FOALENG LOWE Rene
Rosa Parks: A Beloved (and Resented) Icon of the Civil Rights Movement - Biography
Rosa Parks: A Beloved (and Resented) Icon of the Civil Rights Movement - Biography
Published: 2017/08/16
Channel: The Film Archives
Morning Rounds: Diet
Morning Rounds: Diet's impact over time, social effects for young cancer patients
Published: 2017/07/15
Channel: CBS This Morning
New book "Devil
New book "Devil's Bargain" on ties between Steve Bannon and Donald Trump
Published: 2017/07/17
Channel: CBS This Morning
Mitch McConnell says Senate will try to repeal Obamacare
Mitch McConnell says Senate will try to repeal Obamacare
Published: 2017/07/18
Channel: CBS This Morning
How robots can work alongside -- not in place of -- humans
How robots can work alongside -- not in place of -- humans
Published: 2017/07/18
Channel: CBS This Morning
De Jure Segregation
De Jure Segregation
Published: 2013/06/05
Channel: Jade Liu
Students using site powered by A.I. to cheat?
Students using site powered by A.I. to cheat?
Published: 2017/07/15
Channel: CBS This Morning
Scientists determine the T-rex couldn
Scientists determine the T-rex couldn't run
Published: 2017/07/19
Channel: CBS This Morning
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WIKIPEDIA ARTICLE

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Browder v. Gayle, 142 F. Supp. 707 (1956),[1] was a case heard before a three-judge panel of the United States District Court for the Middle District of Alabama on Montgomery and Alabama state bus segregation laws. The panel consisted of Middle District of Alabama Judge Frank Minis Johnson, Northern District of Alabama Judge Seybourn Harris Lynne, and Fifth Circuit Court of Appeals Judge Richard Rives.[2] On June 5, 1956, the District Court ruled 2-1, with Lynne dissenting, that bus segregation is unconstitutional under the Fourteenth Amendment protections for equal treatment.[3]

The state and city appealed, and the decision was summarily affirmed by the United States Supreme Court on November 13, 1956.[4] A motion for clarification and for rehearing was denied on December 17, 1956.[5]

Case history[edit]

Shortly after beginning the Montgomery Bus Boycott in December 1955, black community leaders began to discuss filing a federal lawsuit to challenge the City of Montgomery and Alabama bus segregation laws. They sought a declaratory judgment that Alabama state statutes and ordinances of the city of Montgomery providing for and enforcing racial segregation on "privately" operated buses were in violation of Fourteenth Amendment protections for equal treatment.

The cause of action was brought under Reconstruction-era civil rights legislation, specifically 42 U.S.C. §§ 1981, 1983.[6] The United States District Court had original jurisdiction to hear this case under Title 28 of U.S.C. because it is a federal question (§ 1331)[7] and because it concerns civil rights (§ 1343).[8] A three-judge district court panel was required under 28 U.S.C. § 2281[9] for the granting of an interlocutory, or permanent injunction restraining the enforcement of a state statute by restraining the action of a state officer, such as an official of the Alabama Public Service Commission. The court held that, given the admission of officials that they were enforcing state statutes, a three-judge court had jurisdiction over the case.

Background[edit]

About two months after the bus boycott began, civil rights activists reconsidered the case of Claudette Colvin. She was a 15-year-old girl who had been the first person arrested in 1955 for refusing to give up her seat on a Montgomery bus, nine months before Rosa Parks' action. Fred Gray, E.D. Nixon, president of the NAACP and secretary of the new Montgomery Improvement Association; and Clifford Durr (a white lawyer who, with his wife Virginia, was an activist in the Civil Rights Movement) searched for the ideal case law to challenge the constitutional legitimacy of Montgomery and Alabama bus segregation laws.

Durr was concerned that an appeal of Parks's case would get tied up in the Alabama state courts and thought that they needed a way to get directly to federal courts. Gray did research for the lawsuit and consulted with the NAACP Legal Defense Fund attorneys Robert L. Carter and Thurgood Marshall (who would later become United States Solicitor General and the first African-American United States Supreme Court Justice). Gray approached Colvin, Aurelia Browder, Susie McDonald, Mary Louise Smith and Jeanetta Reese, all women who had been discriminated against by drivers enforcing segregation policy in the Montgomery bus system. They agreed to become plaintiffs in a federal civil action lawsuit, thus bypassing the Alabama court system. Reese dropped out of the case in February 1956 because of intimidation by members of the white community.[10]

Ruling[edit]

On February 1, 1956, Gray filed the case Browder v. Gayle in U.S. District Court. Browder was a Montgomery wife; W. A. Gayle was the mayor of Montgomery.

On June 13, 1956, the District Court ruled that "the enforced segregation of black and white passengers on motor buses operating in the City of Montgomery violates the Constitution and laws of the United States," because the conditions deprived people of equal protection under the Fourteenth Amendment. The court further enjoined the state of Alabama and city of Montgomery from continuing to operate segregated buses.

The case was not completed until it was heard later that year by the US Supreme Court, as the state and city appealed the decision. On November 13, 1956, the Supreme Court upheld the District Court's ruling and ordered the state of Alabama (and Montgomery) to desegregate its buses. One month later on December 20, after Mayor Gayle was handed official written notice by federal marshals, the Montgomery buses were desegregated.

See also[edit]

References[edit]

  1. ^ affirmed per curiam, Gayle v. Browder, 352 U.S. 903 (1956); full text at [1]
  2. ^ https://scholar.google.com/scholar_case?case=6352107186205745283&hl=en&as_sdt=800000000002&as_vis=1
  3. ^ Browder v. Gayle, District Court of the United States for the Middle District of Alabama Northern Division, June 19, 1956, retrieved October 29, 2005.
  4. ^ Gayle v. Browder, 352 U.S. 903 (1956).
  5. ^ 352 U.S. 950 (1956).
  6. ^ http://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap21-subchapI-sec1981.pdf
  7. ^ http://www.gpo.gov/fdsys/pkg/USCODE-2011-title28/pdf/USCODE-2011-title28-partIV-chap85-sec1331.pdf
  8. ^ "Archived copy" (PDF). Archived from the original (PDF) on 2015-07-23. Retrieved 2015-02-19. 
  9. ^ http://www.gpo.gov/fdsys/pkg/USCODE-2009-title28/pdf/USCODE-2009-title28-partVI-chap155-sec2281.pdf
  10. ^ Dr. Gwen Patton. "Montgomery Bus Boycott — Biographic Sketches". Trenholm State Technical College Archives. Retrieved February 4, 2013. 

External links[edit]

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