Thurgood Marshall

“ The rights established are personal rights. It is, therefore, no answer to these petitioners to say that the courts may also be induced to deny white persons rights of ownership and occupancy on grounds of race or color. ”

“ By effectively removing publicly owned swimming pools from the protection of the Fourteenth Amendment-at least if the pools are outside school buildings-the majority and concurring opinions turn the clock back 17 years. After losing a hard fought legal battle to maintain segregation in public facilities, the Jackson, Mississippi, authorities now seek to pick and choose which of the existing facilities will be kept open. Their choice is rationalized on the basis of economic need and is even more transparent than putting the matter to a referendum vote. ”

“ Equity courts have always had continuing supervisory powers over their decrees; and if a proper basis for closing the facilities-other than a conclusory statement about the projected human and thus economic consequences of desegregation could be shown, swimming pools, as I imagine schools or even golf courses, could be closed. ”