Bolling v. Sharpe, 347 U.S. 497; 74 S. Ct. 693; 98 L. Ed. 884 (1954)

Facts—This companion case to Brown v. Board of Education arose out of the District of Columbia, where, because it is controlled by the national government, the equal protection clause of the Fourteenth Amendment (which limits illegal state actions) does not apply.

Question—Does racial segregation in schools in the District of Columbia violate of the due process clause of the Fifth Amendment?

Decision—Yes.

Reasons—C.J. Warren (9–0). Although the Fifth Amendment “does not contain an equal protection clause,” the concepts of due process and equal protection “are not mutually exclusive.” Thus, “discrimination may be so unjustifiable as to be violative of due process.” Liberty denotes more than “freedom from bodily restraint.” Racial segregation in schools in the District of Columbia “is not reasonably related to any proper governmental objective” and thus “constitutes an arbitrary deprivation of . . . liberty in violation of the Due Process Clause.”