Earl Warren wrote the decision for the Court. He agreed with the civil rights attorneys that it was not clear whether the framers of the Fourteenth Amendment intended to permit segregated public education. The doctrine of separate but equal did not appear until 1896, he noted, and it pertained to transportation, not education.
More importantly, he said, the present was at issue, not the past. Education was perhaps the most vital function of state and local governments, and racial segregation of any kind deprived African Americans of equal protection under the Fourteenth Amendment and due process under the Fifth Amendment.