CONSTANCE BAKER MOTLEY, JAMES MEREDITH, AND THE UNIVERSITY OF MISSISSIPPI

SCRIPT EXCERPT

[JUDGE WISDOM takes bench]
NARRATOR 2: Meredith filed his notice of appeal the day the court entered its formal order, and on December 18, moved for an expedited appeal. The Fifth Circuit granted the request and heard oral argument on January 9, 1962. On January 12, just three days later, the Circuit ruled. The Court chastised Judge Mize for the state of the record, noting the latitude given the defense and the way plaintiff’s efforts were “severely circumscribed.” Given the state of the record, the Circuit was unwilling to simply rule for Meredith, but requested prompt hearing and ruling from the lower court, noting that the next term at Ole Miss would begin on February 6. Judge Wisdom wrote for the Court:
JUDGE WISDOM: James H. Meredith is a Mississippi Negro in search of an education. Mississippi is one of three states which have not yet allowed a Negro citizen to seek an education at any of its state-supported, “white” colleges and universities.

This case was tried below and argued here in the eerie atmosphere of never-never land. Counsel for appellees argue that there is no state policy of maintaining segregated institutions of higher learning and that the court can take no judicial notice of this plain fact known to everyone.

We take judicial notice that the State of Mississippi maintains a policy of segregation in its schools and colleges.

We hold that the University’s requirement that each candidate for admission furnish alumni certificates is a denial of equal protection of the laws, in its application to Negro candidates. It is a heavy burden on qualified Negro students, because of their race. It is no burden on qualified white students.

A full trial on the merits is needed in order to clarify the muddy record now before us. Within proper legal bounds, the plaintiff should be afforded a fair, unfettered, and unharassed opportunity to prove his case. A man should be able to find an education by taking the broad highway. He should not have to take by-roads through the woods and follow winding trails through sharp thickets, in constant tension because of pitfalls and traps, and, after years of effort, perhaps attain the threshold of his goal when he is past caring about it.

[JUDGE WISDOM exits]

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