Monday, Jan. 19, 1948
Ada's Day in Court
In a front row of the U.S. Supreme Court last week sat Ada Lois Sipuel, a shy and slender Negro girl, watching the justices. One by one they leaned forward to ask questions; and usually their questions were phrased to badger the attorneys for the State of Oklahoma. They were all talking about Ada.
Ada, who is 23 and the daughter of an Oklahoma clergyman, had applied for admission to the University of Oklahoma law school two years ago. University officials conceded that her application was in order, but refused it--even though there is no other law school in the state for Negroes to go to. Ada Sipuel brought suit.
Now, in the U.S. Supreme Court, she was represented by the National Association for the Advancement of Colored People and its attorney, Thurgood Marshall. He had a powerful precedent. Nine years ago, in Gaines v. Missouri, the Supreme Court ruled that Missouri must let Lloyd Gaines study law at the state university, or set up an equal law school for Negroes.*
Oklahoma's assistant attorney general admitted that Miss Sipuel could not get facilities equal to those of the University of Oklahoma "tomorrow or the next day," but said that the regents would open a Negro law school "promptly" if she asked for one. Snapped Justice William O. Douglas: "She might be an old lady by that time."
Oklahoma had not set up a separate law school for Negroes, explained one of Oklahoma's attorneys, because Miss Sipuel "is not willing to recognize [the state's segregation] policy." Replied Justice Robert H. Jackson: "Why should she? . . ."
Four days later, Chief Justice Fred M. Vinson drawled out the court's unanimous decision, which seemed to go further than the Gaines rule. Said Vinson: "[Ada Sipuel] is entitled to secure legal education afforded by a state institution. [Oklahoma] must provide it for her . . . and provide it as soon as it does for applicants of any other group." Ada took a train for home, to be ready when Oklahoma's new term begins next week.
*Gaines, who was 28 by the time his case was settled, changed his mind about going to law school. "Haven't heard of him since," says Marshall.
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