Cooper v. Aaron

1958

Venue: SCOTUS

Facts: Troubles in Little Rock: the governor calls out the national guard, and the president calls out federal troops. We're trying to get negro students into high school, and there is all sorts of unrest.

Posture: District court grants a preliminary injunction against the governor, and the national guard goes away. Now the school board is petitioning for postponement.

Issue: Do state executives and legislatures have a duty to obey federal court orders resting on SCOTUS interpretation of the constitution?

Holding: Yes. Doi.

Rule: The federal judiciary is supreme in exposition of the law and the constitution. Also all those state officers swore to support the constitution.

Reasoning: One may sympathize with the board, and they're probably acting in goo faith, but we have to reject their position (in no small part because of the other state entities in play here). Constitutional rights of children not to be discriminated against can not be nullified.

Dicta: Quoting Marshall: If the legislatures of the several states may, at will, annull the judgments of the courts of the united states, and destroy the rights under those judgments, the constitution itself becomes a solemn mockery.