North Carolina

Epps

vs

Carmichael

Harold T. Epps, Robert Davis Glass, Floyd B. McKissick, Soloman Revis, Harvey Beech, Walter Nevin, Perry V. Giliard, James Lassiter, and J. Kenneth Lee applied for admission to the University of North Carolina (UNC) Law School. They met the school’s requirements but were refused because they were Black. They filed a lawsuit in the United States District Court for the Eastern District of North Carolina. By the time the case was finally brought to trial, Epps had already graduated from the North Carolina College at Durham School of Law (NCC), a segregated law school. He withdrew from the lawsuit. Glass, Beech, Nevin, and Giliard also withdrew from the case. The remaining plaintiffs were McKissick, Revis, Lassiter, and Lee. These men had been admitted to the segregated law school, but did not want to go there because they felt there were better facilities and educational opportunities available at UNC. The court found that both schools would sufficiently train the students to pass the North Carolina Board of Bar Exam and to practice law. The court also stated no evidence had been presented to show that a Black lawyer who had attended UNC would “enjoy a higher standing” with judges and juries compared with a lawyer who had attended NCC. The students, however, claimed there could be no equality of opportunity if segregation existed. The court ruled that the state had provided a separate but equal legal education for its Black citizens and was therefore not required to admit them to UNC.

Further Reading

Photograph

Photograph of Thurgood Marshall, one of the attorneys for the plaintiffs. President John F. Kennedy appointed Marshall to the U.S. Court of Appeals in 1961. In 1965, President Lyndon B. Johnson made him the first black Solicitor General. In 1967, President Johnson appointed Marshall, the first black justice, to the U.S. Supreme Court, proclaiming it was “the right thing to do, the right time to do it, and the right man and the right place.”

Yearbook

Yearbook of North Carolina Central University. On image 24, the top left student is allegedly plaintiff Harold Thomas Epps.

Yearbook

Yearbook of North Carolina Central University. On image 24, the top left student is allegedly plaintiff Harold Thomas Epps.

Photograph

Photograph more recent photograph Robert L. He resigned from the N.A.A.C.P. in 1968 in protest when its board fired a staff member who had written an article in The New York Times Magazine critical of the Supreme Court. Robert L. Carter passed away in New York City on January 3, 2012 at the age of 94.

Photograph

Photograph of Robert L. Carter. He was one of the attorneys for the plaintiffs and a lawyer for the NAACP Legal Defense and Educational Fund along with attorneys Spottswood W. Robinson III and Thurgood Marshall (who were also on the legal team of the plantiffs).