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McKissick v. Carmichael (1951)

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Published online by Cambridge University Press:  05 March 2016

Raymond Gavins
Affiliation:
Duke University, North Carolina
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Summary

In 1950 several law students at black North Carolina College, using NAACP counsel, petitioned for admission to the School of Law at the University of North Carolina. A Federal District Court rejected their petition, declaring that “the best interests of the plaintiffs will be served by denying the relief sought.”

On appeal, they breached Jim Crow. The lead plaintiff was Floyd McKissick, World War II hero and future leader of CORE. Counsel said petitioners were denied “the equal protection of the laws” and “the Negro School is clearly inferior to the white, and the judgment must therefore be reversed in accordance with the decision in Sweatt v. Painter” (McKissick v. Carmichael, 1951). The 4th US Court of Appeals concurred, overruled the District Court, and ordered the plaintiffs’ enrollment. Five, including McKissick, began classes in the summer of 1951. Their admission affirmed NAACP strategy of “direct attack” on segregated higher education and informed its litigation for Brown (1954).

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2016

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References

McKissick v. Carmichael, 187 F. 2d 949 (4th Cir. 1951).
Scott, Wendy B.Mckissick v. Carmichael Revisited: Legal Education in North Carolina through the Lens of desegregation.North Carolina Central Law Review, 34 (March 2011): 38–62.Google Scholar
Wallenstein, Peter. “Higher Education and the Civil Rights Movement: Desegregating the University of North Carolina.” In Moore, Winfred B. Jr. et al., eds. Warm Ashes: Issues in Southern History at the Dawn of the Twenty-First Century. Columbia: University of South Carolina Press, 2003.

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  • McKissick v. Carmichael (1951)
  • Raymond Gavins, Duke University, North Carolina
  • Book: The Cambridge Guide to African American History
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316216453.199
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  • McKissick v. Carmichael (1951)
  • Raymond Gavins, Duke University, North Carolina
  • Book: The Cambridge Guide to African American History
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316216453.199
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • McKissick v. Carmichael (1951)
  • Raymond Gavins, Duke University, North Carolina
  • Book: The Cambridge Guide to African American History
  • Online publication: 05 March 2016
  • Chapter DOI: https://doi.org/10.1017/CBO9781316216453.199
Available formats
×