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Evans Vs. Abney

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  • US Supreme Court
  • Jan 26, 1970

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73 entries 7 linked 66 unlinked
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  1. Evans Vs. Newton US Supreme Court · Jan 17, 1966
  2. New York Times Co. Vs. Sullivan US Supreme Court · Mar 09, 1964
  3. Stone Vs. Mississippi US Supreme Court · Jan 01, 1879
  4. Shelley Vs. Kraemer US Supreme Court · May 03, 1948
  5. Lyeth Vs. Hoey US Supreme Court · Dec 05, 1938
  6. Plessy Vs. Ferguson US Supreme Court · May 18, 1896
  7. Gomillion Vs. Lightfoot US Supreme Court · Nov 14, 1960
  8. U.S. 435 (1970) U.S. Supreme Court Evans v. Abney
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  9. U.S. 435 (1970) Evans v. Abney
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  10. land in Macon to the city for the creation of a park for the exclusive use of white people. This Court held, in Evans v. Newton
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  11. of the park merely because of the city's compliance with the constitutional mandate of Evans v. Newton
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  12. discrimination against Negroes in the park by eliminating the park, a loss shared equally by both races. Shelley v. Kraemer
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  13. which held that the park, Baconsfield, could not continue to be operated on a racially discriminatory basis, Evans v. Newton
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  14. The early background of this litigation was summarized by MR. JUSTICE DOUGLAS in his opinion for the Court in Evans v. Newton
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  15. The Court in Evans v. Newton
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  16. of the trust was thus in irreconcilable conflict with the constitutional mandate expressed in our opinion in Evans v. Newton
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  17. found in Senator Bacon's will. The city accepted the trust with these restrictions in it. When this Court, in Evans v. Newton
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  18. might otherwise be thwarted by the impossibility of the particular plan or scheme provided by the testator. Moss v. Youngblood
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  19. The Georgia courts, construing Senator Bacon's will as a whole, Yerbey v. Chandler
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  20. that the State's cy pres doctrine could not be used to alter the will to permit racial integration. See Ford v. Thomas
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  21. Adams v. Bass
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  22. U. S. 444 any proceeding or transaction to determine if the Constitution has been violated. Presbyterian Church v. Hull
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  23. of the park merely because of the city's compliance with the constitutional mandate expressed by this Court in Evans v. Newton
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  24. Of course, Evans v. Newton
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  25. The construction of wills is essentially a state law question, Lyeth v. Hoey
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  26. Similarly, the situation presented in this case is also easily distinguishable from that presented in Shelley v. Kraemer
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  27. First Universalist Society v. Swett
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  28. Lagrond v. City
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  29. possible where the beneficiaries are members of one race only. That was true in 1911 when Bacon made his will. Plessy v. Ferguson
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  30. for Negroes, but one equal in quality and service to that municipal facility which is furnished the whites. See Sweatt v. Painter
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  31. trust was created had become impossible. But it was impossible in those absolute terms even under the regime of Plessy v. Ferguson
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  32. the assumption that they would be free to enforce the racially restrictive provision in Senator Bacon's will. In Evans v. Newton
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  33. segregated. This is not a case where the reasons or motives for a particular action are arguably unclear, cf. Palmer v. Thompson
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  34. nor is it one where a discriminatory Page 396 U. S. 453 purpose is one among other reasons, cf. Johnson v. Branch
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  35. F.2d 177 (C.A.4th Cir.1966), nor one where a discriminatory purpose can be found only by inference, cf. Gomillion v. Lightfoot
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  36. to be a segregated public park, and, because it cannot be operated as a segregated public park any longer, Watson v. Memphis
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  37. U. S. 526 (1963), see Mayor & City Council of Baltimore v. Dawson
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  38. Clause, a State may not close down a public facility solely to avoid its duty to desegregate that facility. In Griffin v. County
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  39. Brown v. Bard
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  40. by contract of the power to perform essential governmental functions. E.g., Contributors to the Pennsylvania Hospital v. City
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  41. An arrangement that purports to prevent a State from complying with the Constitution cannot be carried out, Evans v. Newton
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  42. is simply invalid when intended to bind a public body, and cannot be given any effect whatever, cf. Pennsylvania v. Brown
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  43. affairs in that manner. A finding of discriminatory state action is required here on a second ground. Shelley v. Kraemer
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  44. cannot keep them from doing so by enforcing a privately devised racial restriction. See also Sweet Briar Institute v. Button
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  45. from enforcing privately devised racial restriction). Nothing in the record suggests that, after our decision in Evans v. Newton
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  46. keep the park open. The resolution by which the Mayor and Council resigned as trustees prior to the decision in Evans v. Newton
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  47. would be lost to the city. The Mayor and Council did not participate in this litigation after the decision in Evans v. Newton
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  48. to prevent willing parties from dealing with one another. The decision of the Georgia courts thus, under Shelley v. Kraemer
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  49. equal protection. Finally, a finding of discriminatory state action is required on a third ground. In Reitman v. Mulkey
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  50. This approach to the analysis of state action was foreshadowed in MR. JUSTICE WHITE's separate opinion in Evans v. Newton
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