The “separate but equal” doctrine won Su-preme Court endorsement in the transportation context,1772 and its passing in the education field did not long predate its demise in transportation as well.1773 During the interval, the Court held invalid a state statute that permitted carriers to provide sleeping and dining cars for white persons only,1774 held that a carrier’s provision of unequal, or nonexistent, first class accommodations to African-Americans violated the Interstate Commerce Act,1775 and voided both state-required and privately imposed segregation of the races on interstate carriers as burdens on commerce.1776 Boynton v. Virginia1777 voided a trespass conviction of an interstate African-American bus passenger who had refused to leave a restaurant that the Court viewed as an integral part of the facilities devoted to interstate commerce and therefore subject to the Interstate Commerce Act.


Plessy v. Ferguson, 163 U.S. 537 (1896). back
Gayle v. Browder, 352 U.S. 903 (1956), aff’g 142 F. Supp. 707 (M.D. Ala.) (statute requiring segregation on buses is unconstitutional). “We have settled beyond question that no State may require racial segregation of interstate transportation facilities. . . . This question is no longer open; it is foreclosed as a litigable issue.” Bailey v. Patterson, 369 U.S. 31, 33 (1962). back
McCabe v. Atchison, T. & S.F. Ry., 235 U.S. 151 (1914). back
Mitchell v. United States, 313 U.S. 80 (1941). back
Morgan v. Virginia, 328 U.S. 373 (1946); Henderson v. United States, 339 U.S. 816 (1950). back
364 U.S. 454 (1960). back