The case of Bolling et al. v. Sharpe et al. challenged the legality of segregation in public schools in the District of Columbia. The Supreme Court held that segregation in public schools is unconstitutional under the Fifth Amendment's Due Process Clause, even though it does not contain an equal protection clause. The Court found that classifications based solely on race are constitutionally suspect and must be scrutinized with particular care. Segregation in public education violates the Due Process Clause, as it imposes an arbitrary deprivation of liberty on African American children in the District of Columbia. The concept of liberty under law extends to the full range of conduct that individuals are free to pursue, and it cannot be restricted except for a proper governmental objective. The District Court erred in dismissing the complaint, and the Supreme Court granted a writ of certiorari before judgment in the Court of Appeals due to the importance of the constitutional question presented.

Racially segregated public schools violate the Constitution, including in the District of Columbia, and the case will be reargued on specific questions previously set out in Brown v. Board of Education.